[HISTORY: Adopted by the Town Board of the
Town of Greece 8-31-1976 by L.L. No. 1-1976. Amendments noted where
applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See
Ch. 68.
Environmental impact statement review — See Ch. 100.
Pursuant to § 24-0501 of the New York
State Freshwater Wetlands Act (Article 24 of the New York Environmental
Conservation Law), the Town of Greece shall fully undertake and exercise
its regulatory authority with regard to activities subject to regulation
under the Act in freshwater wetlands as shown on the Freshwater Wetlands
Map, as such map may from time to time be amended, filed by the Department
of Environmental Conservation pursuant to the Act, and in all areas
adjacent to any such freshwater wetland up to 100 feet from the boundary
of such wetland. Such regulatory authority shall be undertaken and
exercised in accordance with all of the procedures, concepts and definitions
set forth in Article 24 of the New York Environmental Conservation
Law and Title 23 of Article 71 of such law relating to the enforcement
of Article 24, as such law may from time to time be amended, with
the following exceptions, additions and modifications [§ 24-0501,
Subdivision 3, provides for a specification of any exceptions, additions
and modifications to the procedures of Article 24. Please read the
Department's August 6, 1976, "Criteria for Reviewing Local Freshwater
Wetlands Protection Ordinances and Laws Pursuant to the Freshwater
Wetlands Act (Article 24 of the New York Environmental Conservation
Law)" prior to making any exception, addition or modification to the
provisions of Article 24].
This chapter, adopted on the date set forth
above, shall take effect upon the filing of the final Freshwater Wetlands
Map applicable to any or all lands within the Town of Greece with
the Clerk of the Town of Greece by the New York State Department of
Environmental Conservation, pursuant to § 24-0301 of the
Freshwater Wetlands Act.
The following are rules and regulations for
the implementation of this chapter, which rules and regulations have
been adopted pursuant to appropriate public notice and public hearing.
The following terms, phrases, words and their
derivatives shall have the meanings given herein:
All lands within 100 feet, horizontally, of the vegetative
boundary of any freshwater wetland.
Any form of draining, dredging, excavating or removing soil,
mud, sand, shells, gravel or other aggregate, or any form of dumping,
filling or depositing of any soil, stones, sand, gravel, mud, rubbish
or fill of any kind, either directly or indirectly; erecting any structures
or roads, driving any pilings or placing any other obstructions, whether
or not changing the ebb and flow of the water; any form of pollution;
and any other activity which substantially impairs any of the several
functions served by freshwater wetlands or the benefits derived therefrom
which are set forth in § 24-0105 of the New York State Environmental
Conservation Law.
Any person who files an application for any permit issued
by the Town pursuant to this chapter, and shall include the agent
of the owner or a contract vendee.
Lands and waters of the Town, as shown on a freshwater wetlands
map prepared by the Town of Greece and filed with the Town Clerk,
or County Clerk where applicable, which contain any or all of the
following, as such map may from time to time be amended by the Department
of Environmental Conservation pursuant to the Act:
Lands and submerged lands commonly called "marshes,"
"swamps," "sloughs," "bogs" and "flats" supporting aquatic or semiaquatic
vegetation of the following vegetative types:
Wetland trees which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other trees, including, among others,
red maple (Acer rubum), willows (Salix species), black spruce (Picea
mariana), swamp white oak (Quercus bicolor), red ash (Fraxinus pennsylvanica),
American elm (Ulmus americana) and larch (Larix laricina)
Wetland shrubs which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other shrubs, including, among others,
alder (Alnus species), buttonbush (Cephalanthus occidentalis), bog
rosemary (Andromeda glaucophylla) and leatherleaf (Chamaedaphne calyculata).
Emergent vegetation, including, among others,
cattails (Typha species), pickerelweed (Pontederia cordata), bulrushes
(Scirpus species), arrow arum (Peltandra virginica), arrowheads (Sagittaria
species), reed (Phragmites communis), wild rice (Zizania aquatica),
bur reeds (Sparganium species), purple loosestrife (Lythrum salicaria),
swamp loosestrife (Decodon verticillatus) and water plantain (Alisma
plantago-aquatica).
Rooted, floating-leaved vegetation, including,
among others, water lily (Nymphaea odorata), water shield (Brasenia
schreberi) and spatterdock (Nuphar species).
Free-floating vegetation, including, among others,
duckweed (Lemna species), big duckweed (Spirodela polyrhiza) and watermeal
(Wolffia species).
Wet meadow vegetation which depends upon seasonal
or permanent flooding or sufficiently waterlogged soils to give it
a competitive advantage over other open-land vegetation, including,
among others, sedges (Carex species), rushes (Juncus species), cattails
(Typha species), rice cut-grass (Leersia oryzoides), reed canary grass
(Phalaris arundinacea), swamp loosestrife (Decodon verticillatus)
and spike rush (Eleocharis species).
Bog mat vegetation, including, among others,
sphagnum mosses (Sphagnum species), bog rosemary (Andromeda glaucophylla),
leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarrancenia
purpurea) and cranberries (Vaccinium macrocarpon and Vaccinium oxycoccos).
Submergent vegetation, including, among others,
pondweeds (Potamogeton species), naiads (Naias species), bladderworts
(Ultricularia species), wild celery (Vallisneria americana), coontail
(Ceratophyllum demersum), water milfoils (Myriophyllum species), muskgrass
(Chara species), stonewort (Nitella species), waterweeds (Elodea species)
and water smartweed (Polygonum amphibium).
Lands and submerged lands containing remnants
of any vegetation that is not aquatic or semiaquatic that has died
because of wet conditions over a sufficiently long period, provided
that such wet conditions do not exceed a maximum seasonal water depth
of six feet, and provided further that such conditions can be expected
to persist indefinitely, barring human intervention.
Any person who files an application or objection pursuant
to this chapter.
That form of Town approval required by this chapter for the
carrying on of a regulated activity.
Any corporation, firm, partnership, association, trust, estate,
one or more individuals and any unit.
The presence in the environment of man-induced conditions
or contaminants in quantities or characteristics which are injurious
to humans, vegetation, wildlife or property.
Any action resulting in direct or indirect physical impact
on a freshwater wetland, including but not limited to any regulated
activity.
Any activity within a freshwater wetland or adjacent area
which, directly or indirectly, may substantially alter or impair the
natural condition of any freshwater wetland, including any form of
pollution, including but not limited to installing a septic tank,
running a sewer outfall and discharging sewage treatment effluent
or other liquid wastes into, or so as to drain into, a freshwater
wetland, and any other activity which substantially impairs any of
the several functions served by freshwater wetlands or the benefits
derived therefrom.
A.
Except as hereinafter provided, it shall be unlawful
for anv person to alter any freshwater wetland or adjacent area without
obtaining a written permit therefor issued by the Town of Greece.
B.
The deposition or removal of natural products of freshwater
wetlands by recreational fishing, shellfishing, aquiculture, hunting
or trapping shall be exempt from the regulated activities.
C.
Public health activities of the Department of Health
shall be excluded from regulated activities. Such agency shall, however,
notify the Building Inspector, in writing, of the proposed activity
prior to commencement of any such activity.
A.
Any person proposing to conduct a regulated activity
altering any freshwater wetland or adjacent area shall file an application
for a permit with the Building Inspector. Said application shall include
a detailed description of the proposed activity and a map showing
the area of freshwater wetland directly affected with the location
for the proposed activity thereon.
B.
If the Building Inspector determines that the proposed
activity is not a regulated activity, he/she shall notify the applicant,
adjacent landowners, the Town Environmental Board and the Town Board
within 10 days of receipt of said application, and he/she shall issue
a permit 20 days after said notification unless objections to said
permit are filed.
C.
If the Building Inspector determines that the proposed
activity is a regulated activity or if objections to the determination
that the proposed activity is not a regulated activity are filed,
the Building Inspector shall submit the application to the Town Board,
which shall have 30 days from its receipt of said application to deny
a permit, issue a permit with conditions, issue a permit without conditions
or schedule a public hearing.
D.
The Town Board may dispense with a public hearing
if no notice of objection has been filed or if it determines that
the proposed activity is of such a minor nature as not to affect or
endanger the balance of systems within the freshwater wetland. If
the Town Board finds that a hearing is not necessary, said Board shall
publish its decision, setting forth its reason therefor.
E.
A permit approved by the Town Board does not relieve
the applicant of the necessity of obtaining authorization from other
Town, state or federal agencies which have jurisdiction over the project
proposal.
A.
Preparation for public hearing.
(1)
Any public hearing that is authorized by the Town Board shall be held within 30 days from the determination under § 120-6C above. Notice of said hearing shall be published at least once in at least two newspapers having a general circulation in the area where the affected freshwater wetland is located. The notice of hearing shall be published not more than 21 days nor less than 10 days prior to the hearing date. The applicant shall notify the owners of record, adjacent landowners and known parties in interest of the proposed activity by certified mail, return receipt requested, not less than seven days prior to the hearing date, and said applicant shall submit proof of said notification to the Town at or prior to the public hearing.
(2)
In granting, denying or conditioning any permit, the
Town Board shall consider the effects of the proposed activity with
references to public health and welfare, flood, hurricane and storm
dangers and the protection or enhancement of freshwater wetlands and
the benefits derived therefrom. A permit will not be issued unless
it is consistent with the policy and regulations as applicable, all
as set forth in §§ 24-0103 and 24-0903 of the Act.
B.
Approval or denial of permit application. If a permit
is approved, approved with conditions or denied and the decision is
unacceptable to any person after public hearing, an appeal may be
made to the New York State Freshwater Wetlands Board of Appeals. Subsequent
appeal and review may be made in accordance with Article 78 of the
New York State Civil Practice Law and Rules.
C.
The permit applicant or his/her agent proceeding with
approved operations shall have posted at the site of the activity
to be conducted the approved permit and shall show the same to the
Building Inspector or any of his/her agents, or other responsible
governmental regulatory agency or board, or member thereof, whenever
requested.
D.
Operations conducted under permit shall be open to
inspection at any time by any responsible governmental regulatory
agency or board, or member thereof.
A.
The applicant, upon approval of the permit, shall
file with the Building Inspector a performance bond, if required,
in an amount and with such sureties and in a form approved by the
Town Board.
B.
The bond and sureties shall be conditioned on compliance
with all provisions of this chapter and conditions imposed on the
permit.
C.
The applicant shall certify that he/she has public
liability insurance against liability which might result from proposed
operations or use, covering any and all damage which might occur within
three years of completion of such operations.
D.
The applicant shall also submit to the Building Clerk
an affidavit which indemnifies and saves harmless the Town or agency
or agent thereof from any claims arising out of or connected with
operations under the permit and from all acts, omissions, commissions
or negligence on the part of the applicant or his/her agents or employees.
E.
The Town Board shall reserve the right to require
a permit or license fee for any operation or use permitted pursuant
to this chapter.
A.
Administrative sanctions.
(1)
Any person, firm, corporation or entity found violating
any provision of this chapter or conditions imposed by the Town Board
upon an approved permit shall be served with a written notice by the
Town of Greece Building Inspector stating the nature of the violation
and providing a specified time within which the violation shall cease,
and satisfactory corrective action shall be taken by the violator.
(2)
In the case where damage to a wetland has already
occurred, the Town Building Inspector shall have the power to direct
the violator, in a written notice served as aforesaid, to cease his/her
violation of this chapter and to satisfactorily restore the affected
freshwater wetland to its condition prior to the violation.
(3)
Within 10 days of the notice of violation by the Building
Inspector, the alleged violator may request an opportunity to be heard
by the Town Board, such request to be made in writing and mailed to
the Town Clerk. He/she shall be heard at a meeting of the Town Board.
Subsequent to such hearing, the Town Board shall issue a revised notice,
withdraw the previous notice or reaffirm the same, all of which shall
be in writing and mailed to the alleged violator at his/her then known
address. Such notice shall specify the time within which corrective
action, if any, must be taken.
(4)
Any person who violates, disobeys or disregards any
provision of this chapter or any notice or order of the Building Inspector
as provided herein or of the Town Board shall be liable to the people
of the Town for a civil penalty not to exceed $3,000 for every such
violation.
(5)
Any civil penalty or order issued by the Building
Inspector as provided herein or by the Town Board shall be reviewable
in an appropriate court of law pursuant to the New York State Civil
Practice Law and Rules.
B.
Criminal sanctions.
(1)
Any person who knowingly violates any order of the
Building Inspector or of the Town Board regulating freshwater wetlands
shall, in addition to the first offense, be guilty of a criminal violation
punishable by a fine of not less than $500 nor more than $1,000.
(2)
For a second and each subsequent offense, he/she shall
be guilty of a misdemeanor punishable by a fine of not less than $1,000
nor more than $2,000 or a term of imprisonment for not less than 15
days nor more than six months, or both.
(3)
The Town Attorney shall prosecute persons alleged
to have violated the provisions of this chapter and shall seek equitable
relief to restrain any violation or threatened violation of its provisions.
All ordinances and local laws or parts of ordinances
and local laws in conflict herewith are preempted by this chapter.
If any portion of this chapter shall be interpreted as less restrictive,
except for the procedural provisions herein, than the Freshwater Wetlands
Act or the appropriate regulations therein as provided in the New
York State Environmental Conservation Law, the more restrictive provisions
shall be incorporated herein and shall be controlling.