[HISTORY: Adopted by the Board of Trustees of the Village of Oyster Bay Cove 11-15-2005 by L.L. No. 10-2005. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Building construction — See Ch. 121.
Environmental quality review — See Ch. 150.
Fees and deposits — See Ch. 162.
Site plan review — See Ch. 264.
Subdivision of land — See Ch. 283.
Zoning — See Ch. 320.
The Board of Trustees of the Incorporated Village of Oyster Bay Cove hereby finds and declares it to be the continuing public policy of the Village to preserve wetlands and steep slopes, to protect both the Village's environment and its character.
A. 
Wetlands.
(1) 
Population growth has generated increasing demands upon the Village's land and natural resources. Development of properties in the Village sometimes has encroached upon, despoiled, polluted and/or eliminated some of the Village's wetlands, water bodies, watercourses and other natural resources, including the natural processes associated therewith. The Board of Trustees finds and concludes that it is necessary and appropriate to enact regulations which will preserve, protect and conserve wetlands, including water bodies and watercourses, prevent their despoliation and destruction, and to regulate the use and development of properties which contain such features. The preservation and maintenance of such natural features in an undisturbed condition is important for physical, ecological, social, aesthetic, recreational and economic reasons related to promoting the health, safety, comfort and general welfare of present and future residents of the Village, as well as residents of neighboring communities and downstream drainage areas.
(2) 
In particular, wetlands serve multiple functions, including, but not limited to, the following:
(a) 
Protecting water resources by providing sources of surface water, recharging groundwater and aquifers, serving as chemical and biological oxidation basins and functioning as settling basins for naturally occurring sedimentation.
(b) 
Controlling flooding and stormwater runoff by storing or regulating natural flows.
(c) 
Providing nesting, migratory and wintering habitats for diverse wildlife species, including many on the New York State and Federal Endangered Species lists.
(d) 
Supporting vegetative associations specifically adapted for survival in low oxygen environments.
(e) 
Providing areas of unusually high plant productivity which support significant wildlife diversity and abundance.
(f) 
Providing breeding and spawning grounds, nursery habitat and food for various species of fish.
(g) 
Serving as nutrient traps for nitrogen and phosphorus and filters for surface water pollutants.
(h) 
Helping to maintain biosphere stability by supporting particularly efficient photosynthesizers capable of producing significant amounts of oxygen and supporting bacteria that process excess nitrates and nitrogenous pollutants and return them to the atmosphere as inert nitrogen gas.
(i) 
Providing open space and visual relief from development.
(j) 
Serving as outdoor laboratories and living classrooms for the study and appreciation of natural history, ecology and biology.
(3) 
Some of these important natural resources have been lost, or their function impaired, by having been drained, dredged, filled, excavated, built upon, polluted or by other actions which are inconsistent with their proper protection. It is the intent of this chapter to strengthen and enhance the Village's efforts to provide for the protection, preservation, proper maintenance and use of wetlands, water bodies and watercourses; to prevent or minimize erosion caused by stormwater runoff and flooding; to maintain natural groundwater supplies; to preserve and protect the purity, utility, water retention capability, ecological functions, recreational usefulness and natural beauty of all wetlands, water bodies, watercourses and other related features of the terrain; and to provide and protect appropriate habitats for natural wildlife. The avoidance or minimization of development on wetlands or wetland buffers will be enhanced by appropriate adjustment of development density.
B. 
Steep slopes. Population growth and increased land values have resulted in the development of some steep and very steep slope areas which were once considered to be unbuildable or prohibitively expensive to develop. Therefore, the Village hereby finds that it is necessary to preserve, protect and conserve steep and very steep slope areas, so as to prevent their unnecessary and improper disturbance with the resultant impact which that may have. The preservation of such areas in an undisturbed or minimally disturbed condition is important for physical, ecological, social, aesthetic, recreational and economic reasons related to promoting and protecting the health, safety and general welfare of present and future residents of the Village and neighboring areas. The Village finds that it is particularly important to preserve steep and very steep slope areas for the specific reasons stated herein, among others:
(1) 
The disturbance of steep and very steep slope areas can cause erosion and sedimentation to occur at rates in excess of those experienced under more level topographic conditions. Erosion and sedimentation often includes the loss of topsoil (a valuable natural resource), and can result in the disturbance of natural habitats, the degradation of the quality of surface water, the alteration of drainage patterns, the gullying of land, the obstruction of drainage structures and the intensification of flooding, both on and off the directly affected site.
(2) 
The inadequately or uncontrolled disturbance of steep and very steep slope areas can lead to the failure of slopes and to the mass movement of earth which could result in safety concerns for persons, wildlife and man-made structures.
(3) 
Steep and very steep slope areas, including any vegetation and rock outcroppings which may be located thereon, contribute to the attractive visual character of the Village and surrounding areas since such slopes are more highly visible from roadways, water bodies and neighboring properties than are more level lands.
(4) 
Regulation of development which affects steep or very steep slope lands can eliminate, or at least minimize, the degradation of these important environmental features while still allowing the reasonable use of private property. This can be done by requiring development design which avoids the disturbance of steep and very steep slope areas wherever practical. Where the disturbance of steep or very steep slope areas may be impractical, any such disturbance should be conducted in accordance with proper and acceptable engineering practices which minimize the extent of such disturbance and properly control how it is done. The avoidance or minimization of development on steep or very steep slope areas will also require appropriate adjustment of development density in order to achieve the Village's legislative intent.
As used in this chapter, unless expressly otherwise stated, the following terms, phrases, words and their derivatives shall have the following meanings:
BUFFER AREA
A required land area adjacent to wetlands, water bodies, and watercourses which is located within 100 feet, measured horizontally, from the edge of such environmental features and is intended to be left undisturbed or minimally disturbed for the purpose of providing additional environmental protection.
[Amended 3-21-2006 by L.L. No. 3-2006]
DEPOSIT
To fill, grade, place, eject, emit, discharge or dump any material.
HYDRIC SOIL
A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper portion of the soil, as set forth in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, as updated from time to time.
HYDROPHYTIC VEGETATION
Plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content, as set forth in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, as amended from time to time, and Wetlands Plants of the State of New York, published by the United States Fish and Wildlife Service in cooperation with the National and Regional Wetlands Plant List Review Panels, as updated from time to time.
MATERIAL
Soil, silt, stones, sand, gravel, rock, clay, bog, peat, mud, debris, water and refuse or any other organic or inorganic substance, chemical agent or matter, sewage, sludge or effluent or municipal or industrial solid waste, whether liquid, solid or gaseous, or any combination thereof.
STEEP SLOPE
A geographical area, whether natural or man-made and whether on one or more lots, which has a ratio of vertical distance to horizontal distance of 15.0% or more but less than 25%, based on a topographical map having a two-foot contour interval, over a horizontal area measuring at least 25 feet in all directions.
[Amended 3-21-2006 by L.L. No. 3-2006]
VERY STEEP SLOPE
A geographical area, whether natural or man-made and whether on one or more lots, which area has a ratio of vertical distance to horizontal distance of 25% or more, based on a topographical map having a two-foot contour interval, over a horizontal area measuring at least 25 feet in all directions.
[Amended 3-21-2006 by L.L. No. 3-2006]
WATER BODY
Any natural surface water segment of any size, including ponds and lakes, which contains a discernible shoreline and may be either seasonally or permanently covered by water.
WATERCOURSE
Any brook, creek, stream, river, rivulet, floodway or other such waterway flowing in a definite channel with a bed and banks. Any drainage ditch, swale or surface feature that contains water only during and/or immediately after (up to 48 hours) a rain storm or snow melt shall not be considered a watercourse for purposes of this regulation.
WETLAND
A geographic area of any size that is covered with shallow and sometimes temporary or intermittent water, which includes, but is not limited to, areas that are commonly referred to as a swamp, marsh, bog, vernal pool, or swales. This shall include all areas that comprise hydric soils and/or are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation as defined herein.
A. 
Regulated activities in wetlands. Except with the prior written approval of the Planning Board, no person shall conduct, or cause or permit any of the following activities to be conducted within any wetland, water body or watercourse, or within a buffer area:
[Amended 3-21-2006 by L.L. No. 3-2006]
(1) 
The placement or construction of any structure.
(2) 
Any form of draining, dredging, excavation or removal of material, either directly or indirectly, including regrading.
(3) 
Any form of dumping, filling or depositing of material, either directly or indirectly, including regrading.
(4) 
The installation of any service lines or cable conduits.
(5) 
The alteration or modification of natural drainage patterns.
(6) 
The construction of dams, docks or other water control devices, pilings or bridges, whether or not they change the natural drainage characteristics.
(7) 
The installation of any pipes or wells.
(8) 
The removal or cutting of any vegetation, except as permitted herein.
(9) 
The deposition or introduction of chemicals, including herbicides, pesticides and fertilizers.
(10) 
Decorative landscaping or planting.
(11) 
Any other activity which may impair the natural functions of a wetland, water body or watercourse, as described herein.
B. 
Regulated activities on steep slopes. Except with the prior written approval of the Planning Board:
(1) 
No person shall conduct, or cause or permit, any disturbance of the land or any vegetation thereon, within any steep or very steep slope area.[1]
[1]
Editor's Note: Former Subsection B(1), regarding not including very steep slope areas in calculations of lot area, was repealed 7-24-2008 by L.L. No. 3-2008.
C. 
Nonregulated activities. If otherwise authorized by law, the following activities are permitted within any wetland, water body or watercourse, and within a one-hundred-foot horizontal distance from the buffer area therefrom, without any prior approval from the Village Planning Board:
(1) 
The removal of the natural products of wetlands by recreational or commercial fishing, shellfishing or aquiculture, where otherwise legally permitted.
(2) 
Outdoor recreational activity that does not materially impact the natural state of the land or require construction, including nature study, hiking, swimming, and boating, where otherwise legally permitted.
(3) 
Normal ground maintenance, including mowing, trimming of vegetation and removal of dead or diseased vegetation, except for the use of fertilizers, pesticides or herbicides in wetlands, water bodies or watercourses.
(4) 
The operation and maintenance of such dams, retaining walls, terraces, sluices, culverts or other water control structures or devices as are legally in existence on the effective date of these regulations.
(5) 
Selective trimming and pruning in previously landscaped areas, as necessary to maintain the health or appearance of vegetation within 50 feet of a residence in existence on the effective date of these regulations.
(6) 
Public health activities pursuant to any order of the Nassau County Department of Health or the New York State Department of Health.
(7) 
Any emergency activity that is immediately necessary for the protection and/or preservation of life or property.
The approving authority for all applications for disturbance of any environmental feature regulated in this chapter shall be the Village Planning Board.
All applications for disturbance of regulated environmental features shall include the following information:
A. 
The name, address and signature of the property owner of record, and applicant, if different.
B. 
The street address and Tax Map designation of the subject property.
C. 
A written statement describing the proposed work, the purpose thereof, and why such work cannot be done so that it would not impact, or would impact to a lesser extent, any of the environmental features sought to be protected by these regulations.
D. 
A site plan, drawn at a scale of one inch equals 20 feet, and prepared and sealed by a professional engineer, landscape architect, architect or licensed surveyor, showing the following:
(1) 
The location of all wetlands, watercourses, water bodies and areas of special flood hazard, including wetland buffer areas, in the vicinity of the proposed activity, as delineated by a properly qualified wetland scientist no earlier than one year prior to the date of filing of the application. The boundaries of any such area shall be flagged in the field and surveyed by a licensed surveyor in a manner acceptable to the Planning Board.
(2) 
The delineation of all soil types in the vicinity of the proposed activity.
(3) 
The specific location of the proposed area of disturbance and the specifications and quantities of all material proposed to be added or removed from the site, as well as the procedures to be used to undertake such work.
(4) 
Existing and proposed contours at a maximum vertical interval of two feet within the proposed disturbed area and extending to a distance of at least 100 feet beyond such area, including proposed surface materials and/or other treatment.
(5) 
The details of any proposed surface or subsurface drainage system to be installed, including any special measures designed to provide for proper surface and/or subsurface drainage, both during the performance of the work and after its completion.
(6) 
Where creation of a water body is proposed, details of the construction of any dams, embankments, outlets or other water control devices and analysis of the wetlands hydrologic system, including seasonal water fluctuation, inflow/outflow calculations and subsurface soil, geology and groundwater conditions.
(7) 
Where creation of a stormwater detention basin (sump) or drainage reserve area is proposed, details of the construction of any dam, berm, embankment, outlet or other water control devices and an analysis of the wetland hydrologic system, including seasonal water fluctuation, inflow/outflow calculations and subsurface soil, geology and groundwater conditions.
(8) 
An erosion and sedimentation control plan.
(9) 
Copies of permits from all other involved jurisdictions.
[Added 3-21-2006 by L.L. No. 3-2006]
(10) 
All steep slope areas and very steep slope areas.
[Added 3-21-2006 by L.L. No. 3-2006]
(11) 
A tree survey compliant with the Village's requirements for permits for removal or disturbance of trees.[1]
[Added 3-21-2006 by L.L. No. 3-2006]
[1]
Editor's Note: See Ch. 299, Trees.
(12) 
Any other or additional information which the Planning Board deems necessary to reasonably determine the application.
Upon a determination by the Planning Board that an application for approval of a regulated activity related to a wetland, watercourse or water body, or a slope or very steep slope, is complete, and if the Planning Board determines that the scope of the activity contemplated by the application warrants a public hearing, it shall schedule such a hearing. Notice of such hearing shall be published by the Village in the official newspaper not less than 10 days prior to the hearing, and posted conspicuously by the Village in at least one location in the Village. Notice of such hearing shall be given by the applicant, in a form approved by the Village Attorney, by certified mail, return receipt requested, to the record owners of all properties adjacent to the property where the regulated activity is proposed to be conducted, including lots located directly across any street from the subject property and, if the subject property is adjacent to a private road, all owners of other properties which adjoin such private road. Such certified mail notice shall be sent at least 20 days prior to the date of the public hearing, and the applicant shall file proof of such mailing, and all return receipts, no later than one day prior to commencement of the public hearing.
Whether or not the Planning Board elects to have a public hearing on such application, the Planning Board may refer the application to any independent professional as said Board may deem reasonably necessary to properly advise it on technical matters relating to such application. The applicant shall be responsible for depositing with the Village a sum sufficient for the cost of such professional review in advance, in an amount determined by the Planning Board. The payment of such fees shall be in addition to any and all other fees otherwise required by law.
Within 60 days after the completion of both any proceedings required pursuant to the State Environmental Quality Review Act,[1] and the regulations promulgated pursuant thereto, and any required public hearing, the Planning Board shall file its decision on the application with the Village Clerk. Such time period may be extended with the consent of the applicant, or may be extended by the Planning Board for good cause. The decision of the Planning Board shall be to approve, approve with modifications, or disapprove the application. The Village Clerk shall mail a copy of the decision to the applicant within five days after such filing.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
In determining an application, the Planning Board shall consider the following:
A. 
The extent to which the proposed action, including any mitigation which is offered by the applicant, is consistent with the legislative intent of the Village as set forth in this chapter and is necessary in order to make a minimally reasonable use of the property.
B. 
The environmental impact of the proposed action.
C. 
The appropriateness of the proposed action
D. 
Alternatives to the proposed action which would eliminate the need for the requested permit or would reduce the potential impact of the requested action.
E. 
The nature and extent of any mitigation proposed by the applicant.
F. 
Other mitigation which would serve to further reduce any potential adverse environmental impacts, including a reduction in the nature or scale of the proposed action.
G. 
The extent to which any economic or social benefits of the proposed action may outweigh any potential adverse visual or environmental impacts.
H. 
The impact of the proposed action on neighboring properties, the community and the Village at large.
Any permit issued pursuant to this chapter shall expire 18 months from the date of approval or upon completion of the work specified therein, whichever first occurs. Upon application made prior to the expiration of a permit issued hereunder, and upon payment of the same fees as required for a new application, and upon a showing of good cause, the Planning Board may extend the term of a permit for a period not to exceed six months. No further extensions shall be permitted.
By making application for a permit, an applicant shall be deemed to have given consent to entry upon the subject property, and inspection, by the Building Inspector and other Village officials without prior notice, at any reasonable hour of the day, including weekends and holidays, for the purposes of inspecting the property or the work being done pursuant to any permit issued hereunder. Where it appears that the applicant has not complied with any of the conditions or limitations as set forth in the permit, or has exceeded the scope of the approved activity, the Building Official or any other authorized person may issue a notice of violation or stop-work order, and take such other action as is deemed appropriate. The Building Official shall issue such violation notice or stop-work order, or take other action, as may be appropriate.
Continued conformance with all requirements as shown on an approved plan for the disturbance of any wetland, watercourse, water body or slope or bluff buffer area, or steep slope or very steep slope area, shall be deemed to be a condition for the continued maintenance of the certificate of occupancy for the affected property. Any violation of a condition of such approval shall be subject to the imposition of penalties as provided by law.
Each week that a violation of this chapter continues, and each violation of a different provision of these regulations, shall be considered a separate and distinct offense. In addition to any other penalty provided by law, the court may direct any person who commits a violation of this chapter to restore the subject premises to its condition immediately prior to the issuance of the permit.