[HISTORY: Adopted by the Town Board of the Town of Fishkill 1-22-2003 by L.L. No.
1-2003. Amendments noted where applicable.]
This chapter shall be known as the "Freshwater Wetlands, Watercourse
and Water Body Law of the Town of Fishkill."
A.
It is declared to be the public policy of the Town of Fishkill to
preserve, protect and conserve freshwater wetlands, watercourses and
water bodies and the benefits derived therefrom; to prevent despoilation
and destruction of freshwater wetlands, watercourses, and water bodies;
and to regulate development in such wetlands and protect such watercourses
and water bodies in order to secure the natural benefits derived therefrom
consistent with the general welfare and the beneficial economic, social
and agricultural development of the Town.
B.
It is declared to be the policy of the Town of Fishkill to exercise
concurrent authority to regulate wetlands, watercourses and water
bodies with the Department of Environmental Conservation under the
provisions of Article 24 of New York State Environmental Conservation
Law, and with the federal Army Corps of Engineers, where respective
jurisdictions overlap. However, it is not the purpose of this legislation
to multiply efforts, studies or expenditures by real property owners
attempting to make reasonable and environmentally sound use of their
assets. Accordingly, except for reasonable cause, the local approval
authority established under this law shall defer to determination
made by the federal Army Corps of Engineers or the state Department
of Environmental Conservation with respect to the identification of,
and the delineation of the size and boundaries of, wetland areas.
A.
It is the intent of the Town of Fishkill to insure that activities
in and adjacent to wetlands, watercourses and water bodies do not
unduly impact the public safety, the natural environment or cause
environmental degradation.
A.
The freshwater wetlands, watercourses and water bodies located in
the Town of Fishkill are invaluable resources for flood protection,
wildlife habitat, open space, and water resources.
B.
Considerable acreage of freshwater wetlands in the Town may be lost,
despoiled or impaired by unregulated draining, dredging, filling,
excavating, building, pollution or other acts.
C.
Recurrent flooding, aggravated or caused by loss of freshwater wetlands,
has serious effects upon natural ecosystems.
D.
Freshwater wetlands, watercourse and water body conservation is a
matter of the Town's concern.
E.
Loss of freshwater wetlands and degradation of watercourses and water
bodies deprives the people of the Town of Fishkill of some or all
of the multiple benefits to be derived therefrom, as follows:
(1)
Flood and storm control by the hydrologic absorption and storage
capacity of freshwater wetlands.
(2)
Wildlife habitat by providing breeding, nesting and feeding grounds
and cover for many forms of wildlife and rare species.
(3)
Protection of subsurface water resources and provision for valuable
watersheds and recharging ground supplies.
(4)
Recreation by providing areas of hunting, fishing, boating, bird-watching,
photography, camping and other uses, if permission is given by owners.
(5)
Pollution treatment by serving as biological and chemical oxidation
basins.
(6)
Erosion control by serving as sedimentation areas and filtering basins,
absorbing silt and organic matter.
(7)
Educational and scientific research by providing readily accessible
outdoor biophysical laboratories, living classrooms and training and
education resources, if permission is given by owners.
(8)
Open space and aesthetic appreciation.
(9)
Sources of nutrients in freshwater food cycles and nursery grounds
and sanctuaries for freshwater fish.
F.
The wetlands, watercourses and water bodies in the Town of Fishkill
are invaluable resources for aquatic fish and bird habitat, fishing,
boating and aesthetic appreciation.
G.
The wetlands, watercourses and water bodies in the Town of Fishkill
may be endangered by rapid development and the resulting degradation
caused by the following:
(1)
Siltation resulting from surface runoff from construction sites,
road, bridge and pipeline construction and lack of erosion control
on steep slopes.
(2)
Pollution by road salt, chemical pollution from parking lot and tennis
court runoff.
(3)
Pollution by garbage, litter and refuse.
(4)
Potential pollution, thermal, chemical and bacteriological, from
numerous approved or planned residential sewage treatment plants.
(5)
Reduction in flow of watercourses due to destruction of wetlands
and lowering of the water table due to the rapid increase in water
demands of residential development.
As used in this chapter, the following terms shall have the
meanings indicated:
The activity of an individual farmer or other landowner in
grazing and watering livestock, making reasonable use of water resources
for agricultural purposes, harvesting the natural products of wetlands,
selective harvesting of trees, but excluding peat mining. "Agricultural
activity" does not include clear-cutting of trees, filling or deposition
of spoil, soil mining or draining of wetlands for growing agricultural
products or for other purposes.
Any person who files an application for any permit issued
by the approval authority pursuant to this chapter; applicants may
include owners, the agent of the owner, or a contract vendee.
The administrative board or public official empowered to
grant or deny permits under this chapter. The approval authority shall
be empowered to require posting of bonds, as necessary, and to revoke
or suspend a permit where lack of compliance is established. The approval
authority shall be the Planning Board of the Town of Fishkill.
The Freshwater Wetlands Appeals Board established under Article
24 of the New York Environmental Conservation Law.[1]
Protective areas surrounding or adjacent to wetlands, watercourses
or water bodies that are subject to regulation. The size or extent
of the buffer areas are defined under "wetland/watercourse/water body
buffer" in this section.
Any cutting of more than 30% of trees four inches or more
in diameter at breast height (4.5 feet) over any ten-year cutting
cycle as determined on the basis of wetland area per lot or group
of lots under single ownership, including cutting of trees which results
in the total removal of one or more naturally occurring species, whether
or not the cut meets or exceeds the threshold of 30%.
To fill, grade, discharge, emit, dump or place any material.
The emission of any water, substance or material into a wetland,
watercourse or water body or their buffers, whether or not such substance
causes pollution.
A dominant species is either the dominant plant species (i.e.,
the only species dominating a vegetative unit) or a codominant species
(i.e., when two or more species dominate a vegetative unit). The measures
of spatial extent are percent area cover for all vegetation units
other than trees and basal area for trees. In this chapter, "dominance"
refers to the spatial extent of a vegetative species because spatial
extent is directly measurable or discernible in the field.
To deplete or empty of water by drawing off by degrees or
in increments.
To excavate or remove sediment, sand, soil, mud, shells,
gravel or other aggregate.
A person having special knowledge by reason of education
or experience of the physical, chemical and biological sciences related
to the physiology, identification and distribution of native plants
and vegetative associations in wetland and upland systems and of methods
to describe, classify and delineate vegetative species.
Vegetative species that can occur in both wetland and upland
systems. There are three subcategories of facultative species: facultative
wetland, straight facultative and facultative upland. Under natural
conditions a facultative wetland species is usually (estimated probability
67% to 99%) found in wetlands, but occasionally in uplands. A straight
facultative species has basically a similar likelihood (estimated
probability of 34% to 66%) of occurring in both wetlands and uplands.
A facultative upland species is usually (estimated probability 67%
to 99%) found in uplands, but occasionally in wetlands. Facultative
species for the Northeast are listed in the "National List of Plant
Species That Occur in Wetlands, New York State: 1988," or as amended
and updated.
Placement of visible markers at the wetland boundary which,
upon the approval of the Town, may be transferred by a qualified surveyor
onto the site plan or other project map.
To adjust the degree of inclination of the natural contours
of the land, including leveling, smoothing and other modification
of the natural land surface.
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in its upper portions
and as further defined under "wetland" in this section.
Plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water
content and as further defined under "wetland" in this section.
The Town of Fishkill.
A soil color designation system that specifies the relative
degree of the three simple variables of color: hue, value and chroma,
produced by the Kollmorgen Corporation, 1975, or as amended and updated.
Plant species that, under natural conditions, always occur
in uplands (i.e., 99% of the time).
Plant species that, under natural conditions, always occur
in wetlands (i.e., greater than 99% of the time).
A taxonomic order composed of organic soils (mostly peats
and mucks) that have organic materials in over half the upper 32 inches
unless the depth to rock or to fragmental materials is less than 32
inches (a rare condition) or the bulk density is very low, and as
further defined under "wetland" in this section.
That form of written Town approval required by this chapter
for the conduct of a regulated activity.
Any corporation, firm, partnership, association, trust or
estate; one or more individuals and any unit of government agency
or subdivision thereof.
The duly appointed Planning Board of the Town of Fishkill.
The presence of conditions or contaminants in quantities
which are, or may be, injurious to humans, plants, animals or property.
Any collection of actions which may result in direct or indirect
physical or chemical impact on a freshwater wetland, wetland buffer,
watercourse or water body, including but not limited to a regulated
activity.
Those activities to be conducted in wetlands, wetland buffers,
watercourses or water bodies that require a permit from the Town.
The annual or periodic removal of trees, individually or
in a small group, in order to realize the yield and establish a new
crop and to improve the forest, which removal does not involve the
total elimination of one or more species of trees.
A person having special knowledge by reason of education
or experience of the physical, chemical and biological sciences applicable
to the genesis and morphology of soils as natural bodies and of the
methods to describe, classify and map soil units.
Any department, bureau, commission, board or other agency
or public authority of the State of New York.
The law promulgated at Article 8 of the New York State Environmental
Conservation Law, and the regulations promulgated thereunder by the
Commissioner of the Department of Environmental Conservation.
Anything constructed or erected, the use of which requires
location on or within the ground or attachment to something having
location on the ground, including but not limited to buildings, tennis
courts, swimming pools, as examples.
The division of any parcel of land into two or more lots in accordance with the provisions of Chapter 132 of the Town Code of the Town of Fishkill.
Town of Fishkill.
The duly elected Town Board of the Town of Fishkill.
The duly elected Town Clerk of the Town of Fishkill.
Any person or firm designated by or contracted by the Town
of Fishkill as Town Engineer.
The duly appointed Environmental Board of the Town of Fishkill.
Any natural or artificial pond, lake, reservoir or other
area which ordinarily contains water, has a discernible shoreline
and an area of one acre or more, but not including a watercourse as
defined in this chapter.
A running stream of water; a natural stream fed from permanent
or natural sources, including rivers, creeks, runs and rivulets. There
must be a stream, generally flowing in a definite channel, having
a bed or banks and usually discharging itself into some other stream
or body of water. It must be something other than mere surface drainage
over the entire face of a tract of land, occasioned by unusual freshets
or other extraordinary causes.
Any area which meets one or more of the following criteria:
Lands and waters that meet the definition provided in § 24-0107,
Subdivision 1, of the New York State Environmental Conservation Law,
Freshwater Wetlands Act, or as amended and updated. The approximate
boundaries of such lands and waters are indicated on the official
wetlands map promulgated by the Commissioner of the New York State
Department of Environmental Conservation, or as amended and updated.
All areas of one acre or more in area that comprise hydric soils
and/or are inundated or saturated by surface or groundwater at a frequency
or duration sufficient to support, and under normal conditions do
support, a prevalence of hydrophytic vegetation as defined by the
Federal Interagency Committee for Wetlands Delineation, 1989, in the
Federal Manual for Identifying and Delineating Jurisdictional Wetlands,
Washington, DC, and adopted by the US Army Corps of Engineers, US
Environmental Protection Agency, and the US Fish and Wildlife Service,
or as amended and updated. Hydric soils referenced above shall include
the soil types taken from the revised Dutchess County Soil Survey
Series, 1991, or such revised, updated and adjusted soil surveys as
may be completed.
An official(s) designated to enforce this chapter, who shall
be the Zoning Administrator.
The process of determining wetlands and their boundaries. The
boundaries of a wetland shall ordinarily be determined by field investigation,
flagging and survey. Identification of the location and boundaries
of wetlands shall be a product of reference to:
Any freshwater wetlands map filed with the Clerk of the Town
of Fishkill by the New York State Department of Environmental Conservation,
as amended and updated; and
The Soils Map of Dutchess County — Soil Survey Series
1991, or as from time to time updated;
Other maps such as the 1990 US Fish and Wildlife Service Map
which may assist in the location and delineation of wetlands; and
Wetland boundary delineations made by either the NYS DEC or
the Army Corps of Engineers.
Wetlands not depicted on any such maps are not thereby exempted
from regulation under the provisions of this chapter.
The sum total of wetness characteristics in areas that are
inundated or have saturated soils for a sufficient duration to support
hydrophytic vegetation.
The list of obligate and facultative wetland and upland species
developed by the United States Department of Interior, Fish and Wildlife
Service, "National List of Plant Species that Occur in Wetlands, New
York State: 1988," in cooperation with the National and Regional Wetland
Plant List Review Panels, or as amended and updated.
The wetland/watercourse/water body buffer areas surrounding
or adjacent to a wetland, watercourse or water body are also subject
to regulation. The size and extent of the buffers shall be as follows:
For wetlands and water bodies of at least one acre but less
than two acres, the buffer shall be 50 feet. For wetlands and water
bodies of at least two acres but less than three acres, the buffer
shall be 75 feet. For wetlands of three acres and more, the buffer
shall be 100 feet. The buffers cited above may be greater where designated
by either the Commissioner of the DEC or local approval authority.
The buffers shall be measured horizontally and away from and paralleling
the wetland or water body boundary.
The buffer for the following watercourses shall be 50 feet from
the normal waters' edge of stream: the main and tributary branches
of Fishkill Creek, Clove Creek, and Sprout Creek.
For all other watercourses, the buffer zone shall be 30 feet
beyond the normal waters' edge of the stream.
Where a wetland is regulated by another agency responsible for
the administration of regulatory wetland buffers, the buffer requirements
of this chapter shall be deemed concurrent, and not additional or
consecutive, to the other agency's buffer regulations.
The duly appointed Zoning Administrator of the Town of Fishkill.
[1]
Editor's Note: The Freshwater Wetlands Appeals Board was eliminated
by L. 2012, c. 60.
The boundaries of a wetland ordinarily shall be determined by field investigation, flagging and survey, consistent with the definition of wetland delineation found within § 82-5 of this chapter. The approval authority may consult and/or may require the applicants to consult with approved biologists, hydrologists, soil scientists, ecologists, botanists, legal counsel, engineers, or other experts necessary to make this determination.
A.
Regulated activities are not prohibited by this chapter, but no regulated
activity shall be conducted in a wetland, watercourse or water body,
nor the adjacent buffer zones, without a written permit from the approval
authority and full compliance with the terms of this chapter.
B.
Permitted activities. No permit is required for the following activities
within a wetland, watercourse or water body nor adjacent buffer zones,
provided they do not constitute a pollution or erosion hazard or interfere
with proper drainage; and do not require structures, grading, fill,
draining or dredging for which a permit may be required:
(1)
Normal ground maintenance including mowing, trimming of vegetation,
but excluding removal of vegetation that may cause erosion of sediment
into a wetland, watercourse or water body.
(2)
Repair of existing decorative landscaping and planting in a wetland,
watercourse or water body buffer zones.
(3)
Repair of existing walkways, walls and driveways.
(4)
Public health activities, in emergencies only, of the Dutchess County
Department of Health and/or New York State Department of Health.
(5)
Operation of existing dams and water control devices.
(6)
The activities of farmers in grazing and watering livestock to the
extent that such grazing and watering does not cause erosion of sediment
into a watercourse, making reasonable use of water resources, harvesting
natural products of wetlands and wetland buffers, but excluding clear-cutting
of timber and draining of wetlands.
C.
Regulated activities that require a wetlands/watercourse/water body permit. Except as provided in § 82-7B of this chapter, a written permit issued by the approval authority is required for any of the following activities in any wetland, watercourse, water body or buffer area:
(1)
Any form of draining, dredging, excavation or removal of soil, mud,
sand, shells, gravel or other aggregate from any wetland, watercourse,
water body or buffer area, either directly or indirectly.
(2)
Any form of dumping, filling or depositing of any soil, stones, sand,
gravel, mud, rubbish or fill of any kind, either directly or indirectly.
(3)
Erecting any structures or roads, the driving of pilings or placing
of any other obstructions, whether or not changing the ebb and flow
of the water.
(4)
Any form of pollution, including but not limited to installing a
septic tank, running a sewer outfall or discharging sewage treatment
effluent or any other wastes directly into or so as to drain into
a wetland, watercourse or water body.
(5)
Installation of any pipes, wells, service lines and cable conduits.
(6)
Alteration and modification of natural drainage patterns and contours.
(7)
Construction of docks, pilings, bridges, dams or other water control
devices, whether or not they change the natural drainage characteristics.
D.
Prohibited activities. It shall be unlawful for any person to place
or deposit chemical wastes or to introduce influents of sufficiently
high thermal content as to cause deleterious ecological effects in
any wetland, watercourse, water body or buffer area.
The issuance of permits for regulated activities under this
chapter shall be the responsibility of the Planning Board, to which
shall be referred all permit applications deemed to be complete by
the Zoning Administrator. Applications for permits for regulated activities
shall be filed with the Zoning Administrator.
A.
No person shall undertake, permit, conduct or cause to be conducted
a regulated activity in a wetland, watercourse, water body or buffer
area without applying for and obtaining a written permit as provided
for in this chapter.
B.
Application procedure; preapplication consultation. The applicant,
prior to filing an application for a permit under the provisions of
this chapter, will consult with the Zoning Administrator on the compliance
requirements related to wetlands, watercourses and water bodies as
well as application procedures for the Town of Fishkill. The applicant
shall describe the general nature of the proposed project as it relates
to this chapter.
C.
Application for a wetlands/watercourse/water body permit.
(1)
The applicant shall file with the Zoning Administrator an application,
in such form and with such information as the approval authority shall
prescribe. At a minimum, the following information shall be required:
(a)
A written explanation of why the proposed activity cannot be
located at another site, i.e., out of the wetland, watercourse, water
body or buffer areas.
(b)
Applications affecting the water retention capacity, water flow,
or other drainage characteristics of any wetland, watercourse or water
body shall include a statement of the impact of the project on upstream
and downstream areas giving appropriate consideration to flood and
drought levels and the amount of rainfall.
(c)
A map showing all wetlands, watercourses, water bodies and buffer
areas on the site under review and within 200 feet of the site boundaries.
(d)
A description of the vegetative cover of the area, including
dominant species.
(e)
A description of the soil types on the site.
(f)
Where creation of a lake or pond is proposed, details of the
construction of any dams, embankments, outlets 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.
(g)
An environmental assessment form under SEQRA.
(h)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of Fishkill Town Code Chapter 130. The SWPPP shall meet the performance and design criteria and standards in Chapter 130, Article V. The Zoning Administrator may, in its sole discretion, require an SWPPP for disturbances of less than one acre. In determining whether to require an SWPPP for disturbances of less than one acre, the Zoning Administrator shall consider the following:
[Added 11-10-2007 by L.L. No. 9-2007]
(2)
Additional information. The approval authority may require additional
information in order to make a determination on the application. Additional
information may include, but shall not be limited to, a schedule and
sequence of proposed activities and the type of equipment to be used,
the study of flood, erosion and other hazards at the site, and any
other information deemed necessary to evaluate the proposed use in
terms of the standards of this chapter.
(3)
Filings shall be maintained on file in the office of the Zoning Administrator.
D.
Transmittal of the application. Upon completion of the application,
the approval authority shall transmit a copy of the application to:
E.
Public hearings. A public hearing shall be conducted in conformance with the requirements of Chapter 114 of the Town of Fishkill Code. Notice of such public hearing shall be posted, published and mailed as required by Chapter 114 before said hearing is held.
[Amended 4-15-2015 by L.L. No. 1-2015; 4-3-2019 by L.L. No. 1-2019]
In granting or denying or conditioning any application for a
permit, the approval authority shall consider the following:
A.
All evidence offered at any public hearing.
B.
Any reports from other environmental councils, boards or commissions
and/or federal, county, state or Town agencies.
C.
The environmental impact of the proposed action.
D.
Irreversible and irretrievable commitments of natural resources that
would be involved in the proposed activity.
E.
The suitability or unsuitability of the activity to the area for
which it is proposed.
F.
The effect of the proposed activity to the protection or enhancements of functions of wetlands, watercourses and water bodies and the benefits they provide as set forth in § 82-4 of this chapter.
G.
The possibility of avoiding further reduction of the wetlands', watercourses',
or water bodies' natural capacity to support desirable biological
life, prevent flooding, supply water, control sedimentation, prevent
erosion, assimilate wastes, facilitate drainage and provide recreation
and open space.
H.
The extent to which the exercise of property rights and the public
benefit to be derived from such use may or may not outweigh or justify
the possible degradation of the wetland, watercourse or water body,
the interference with the exercise of other property rights and the
impairment or endangerment of public health, safety and welfare.
I.
The comments of the Zoning Administrator, which shall be submitted
in writing to the Planning Board.
A.
Permits will be issued by the approval authority pursuant to this
chapter only if the approval authority shall find that:
(1)
The proposed regulated activity is consistent with the policy of
this chapter to preserve, protect and conserve wetland, watercourse
and water body functions and the benefits derived therefrom.
(2)
The permit issued for the proposed regulated activity is at least
as restrictive as would result under application of the Freshwater
Wetlands Act of the State of New York.
(3)
The proposed activity is compatible with the public health and welfare.
(4)
The proposed regulated activity cannot practicably be relocated on
site to eliminate or reduce the intrusion into the wetland, watercourse
or water body or the buffer areas adjacent thereto.
(5)
The proposed regulated activity minimizes the degradation to, or loss of, any part of the wetland, watercourse or water body buffer and minimizes the adverse effects on the benefits of wetlands, watercourses and water bodies as set forth in § 82-4 of this chapter.
(6)
The proposed regulated activities are in compliance with the standards
set forth in 6 NYCRR 665.7(e) and 665.7(g), or as amended and updated.
B.
The applicant shall have the burden of proof in demonstrating that
the proposed activity will be in accordance with the policies and
provisions of this chapter. Issuance of a wetlands disturbance permit
by the NYS DEC or the Army Corps of Engineers shall be conclusive
on the question of whether the applicant to the Town has met the burden
of proof.
Any permit issued pursuant to this chapter may be issued with
conditions to assure the preservation and protection of affected wetlands,
watercourses and water bodies, and compliance with the policy and
provisions of this chapter.
No permit granted pursuant to this chapter shall remove an applicant's
obligation to also comply in all respects with the applicable provisions
of any other federal, state or local laws or regulations, including
but not limited to, the acquisition of any other permit or approval.
A.
All wetland/watercourse/water body permits shall expire upon completion
of the activities specified and, unless otherwise indicated, shall
be valid for a period of one year from the date of issue. No original
permit granted pursuant to this chapter shall be valid for a period
longer than three years from the date of issue. The approval authority
may extend the time in which the activities specified in the permit
must be completed if, in its opinion, such extension is warranted
by the particular circumstances thereof for not to exceed two additional
periods of 90 days each. A request for extension shall be made in
writing to the approval authority at least 30 days prior to the expiration
date of the original permit, or the first ninety-day extension.
B.
Should a permittee fail to complete the activities specified in the
permit prior to the expiration of the second ninety-day extension,
the original permit shall become null and void and a new permit must
be applied for. The request for a new permit shall follow the same
form and procedure as the original application except that the approval
authority shall have the option of not holding a hearing if the original
intent of the permit is not altered or extended in a significant way.
C.
Notice of change of ownership of the parcel covered by the permit
must be filed with the Zoning Administrator within 30 days of the
transfer. This shall be a condition attached to all permits issued
under this chapter.
Any person convicted of having violated or disobeyed any provision
of this chapter, or any condition attached by the approval authority
in a permit granted pursuant to this chapter shall, for the first
offense, be punishable by a fine of not less than $1,000. For each
subsequent offense, such person shall be punishable by a fine of not
less than $2,000 nor more than $15,000, and/or imprisonment of not
more than 15 days. Each consecutive day of the violation may be considered
a separate offense.
A.
This chapter shall be enforced by the Zoning Administrator. The Town
Board may also designate other enforcement officers.
B.
The Town is specifically empowered to seek injunctive relief restraining
any violation, threatened violation or breach of any permit condition
under the provisions of this chapter, and/or to compel the restoration
of the affected wetland, watercourse, water body or buffer to its
condition prior to the violation, or breach of any permit condition.
If the Town is successful in obtaining preliminary and/or permanent
injunctive relief, it shall be entitled to an award by the court of
its reasonable attorneys' fees.
Where the Planning Board uses the services of private engineers, attorneys or other consultants for purposes of engineering, scientific land use planning, environmental or legal reviews of the adequacy or substantive details of applications, or issues raised during the course of review of such applications, or to assist in assuring or enforcing an applicant's compliance with the terms and conditions of permits or approvals, the applicant and landowner, if different, shall be jointly and severally responsible for payment of all the reasonable and necessary costs of such services, in accordance with the procedures and substantive provisions set forth in § 150-98 of the Town Code. In no event shall that responsibility be greater than the actual cost to the Town of such engineering, legal or other consulting services.
In order to carry out the purposes and provisions of this chapter,
and in addition to the provisions specified elsewhere in this chapter,
the following general provisions shall apply:
A.
Severability. The provisions and sections of this chapter shall be
deemed to be severable and the invalidity of any portion of this chapter
by a court of competent jurisdiction shall not affect the validity
of the remainder of this chapter.
The provisions of this chapter shall not apply to proposed uses
or redesignation of allowable uses, subdivisions, or site development
of lands which were the subject of a complete application to the relevant
Town agency authorized to review and to approve such action(s) as
of the effective date of Local Law No. 1 of 2003 entitled "Freshwater
Wetlands, Watercourse and Water Body Law." Also, this chapter shall
not apply to properties in connection with regulated activities which
were reviewed and approved by a relevant Town agency prior to the
effective date of said Local Law No. 1 of 2003.
