[HISTORY: Adopted by the Board of Trustees
of the Village of Muttontown 8-16-1976 by L.L. No. 2-1976. Amendments noted where
applicable.]
A.
The Village of Muttontown ("Village") finds that freshwater
wetlands are invaluable resources for flood protection, wildlife habitat,
open space, water resources and other benefits associated therewith
which, if preserved and maintained in an undisturbed, natural condition,
constitute important social, economic and aesthetic assets to existing
and future residents of the Village.
B.
It is the intent of the Village Trustees to protect
the residents of the Village by preserving, protecting and conserving
freshwater wetlands and the benefits derived therefrom, to prevent
the despoliation and destruction of freshwater wetlands and to regulate
use and development of such wetlands consistent with the general welfare
of the Village pursuant to Article 24 of the New York State Environmental
Conservation Law.
C.
It is also the intent of the Village Trustees to promote
the public purpose and the health, safety and general welfare of present
and future residents of the Village by providing for the protection,
proper maintenance and use of wetlands, water bodies and watercourses
located within the Village by preventing or minimizing erosion due
to flooding and stormwater runoff, maintaining the natural groundwater
supplies, protecting subsurface water resources and providing valuable
watersheds, preserving and protecting the purity, utility, water retention
capability, ecological functions and natural beauty of all wetlands,
water bodies, watercourses and other related natural features of the
terrain and by providing and protecting wildlife habitat.
[Amended 9-18-2019 by L.L. No. 3-2019]
The following terms, phrases, words and their
derivatives shall have the meanings given herein:
The area surrounding the freshwater wetland, measured a horizontal
distance of 100 feet from the boundary thereof.
Includes the owner of the affected property, his agent or
contract vendee who files an application for a permit pursuant to
this chapter.
The outer limit of the physical feature that constitutes
a wetland resource in terms of vegetation, soils and hydrologic conditions
specified herein in the definition of "freshwater wetland."
An area of at least 2,000 square feet that is naturally inundated
or saturated by surface water or groundwater at a frequency and duration
sufficient to support, under normal circumstances, a prevalence of
vegetation typically adapted for life in saturated conditions (called
"hydrophytes"; see definition of "hydrophytic vegetation" herein),
or contains hydric soils. Freshwater wetlands are commonly referred
to as "swamps," marshes," "bogs" or "vernal pools." Regulated freshwater
wetlands for the purpose of this chapter include water bodies and
watercourses.
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 of Identifying and Delineating
Jurisdictional Wetlands, as amended or updated. Most common hydrophytes
are listed and categorized in Wetlands Plants of the State of New
York, published by the United States Fish and Wildlife Services in
cooperation with the National and Regional Wetlands Plant List Review
Panels, as amended or updated.
A freshwater wetlands permit for the conduct of a regulated
activity.
Any corporation, firm, partnership, association, trust or
estate, one or more individuals and any unit of government or agency
or subdivision thereof.
The Planning Board of the Incorporated Village of Muttontown
designated by the Village to be responsible for administering the
provisions of this chapter and promulgating rules, regulations and
procedures necessary to implement and administer properly the provisions
herein.
The presence in the environment of human-induced conditions
or contaminants in quantities or characteristics which are or may
be 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 form of draining, dredging, excavating or removal of
soil, mud, sand, shells, gravel or other aggregate, either directly
or indirectly; any form of dumping, filling or deposition of any soil,
stones, sand, gravel, mud, rubbish or fill of any kind, either directly
or indirectly; ejecting any structures, constructing roads, the driving
of piling or placing of any other obstruction, whether or not changing
the ebb and flow of the water; and any form of pollution, including,
but not limited to, installing a septic tank, running a sewer outfall,
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
the freshwater wetlands or the benefits derived therefrom.
Any surface water element, including, but not limited to,
ponds and intermittent streams covering an area of at least 2,000
square feet. A water body may be periodically, seasonally or permanently
covered by water.
Any brook, creek, stream, river, rivulet, floodway or other
such waterway flowing in a defined channel.
A.
No person shall conduct a regulated activity in any
freshwater wetland or adjacent areas in the Village without first
obtaining a permit issued by the Planning Board.
B.
As otherwise legally permitted within the Village,
the depositing or removal of the natural products of freshwater wetlands
and adjacent areas, as enumerated in § 24-0701, Subdivision
3, of the New York State Environmental Conservation Law, and agricultural
activities within said areas, as enumerated and defined in § 24-0701,
Subdivision 4, of the New York State Environmental Conservation Law,
shall not be considered regulated activities. In addition, public
health activities, orders and regulations of the Department of Health
shall be excluded from regulated activities. This agency shall notify
the Planning Board, in writing, of the proposed activity which it
will conduct.
C.
If the Planning Board shall determine that an emergency
activity is immediately necessary to protect the health, safety and
well-being of any person or to immediately prevent substantial damage
to personal or real property, it may exempt such activity from regulation.
A.
Any person proposing, permitting or causing to be
conducted a regulated activity upon any freshwater wetland or adjacent
area shall file an application for a permit with the Village Clerk.
The application shall include a detailed description of the proposed
activity, a map showing the area of freshwater wetland directly affected,
with the location of the proposed activity thereon, and a current
list of record owners of lands and claimants of water rights within
100 feet of the property on which the regulated activity is located.
B.
After submission of the completed application, the
applicant shall publish, at his expense, a notice of application,
indicating that the applicant intends to file an application, in two
newspapers having a general circulation in the area. The Planning
Board may waive the publishing of the notice of application and require
the publication of the appropriate notice of hearing.
C.
If no notice of objection has been filed by any party
in interest in response to the notice of application or if the Planning
Board finds that the proposed activity is of such a minor nature as
not to affect or endanger the balance of systems within the freshwater
wetland, it may dispense with a public hearing. If the Planning Board
determines that a hearing is not to be held, the Board shall publish,
in the Village newspaper, its decision setting forth its findings
and reasons therefor.
D.
If a hearing is to be held it shall be scheduled no
sooner than 30 days and not later than 60 days after the receipt of
the completed application by the Village and the publishing of the
notice of application. The applicant shall publish the notice of hearing
at his expense in two newspapers having a general circulation in the
area where the affected freshwater wetland is located not more than
28 days nor less than 15 days prior to the date set for the hearing.
E.
The applicant shall also send by certified mail, not
less than 15 days prior to the date set for the hearing, the notice
of hearing to owners of record of adjacent lands within 100 feet of
the premises containing the wetlands and known claimants to water
rights which will be affected.
No permit shall be issued by the Planning Board
pursuant to this chapter unless it shall find that:
A.
The proposed regulated activity is consistent with
the policy of this chapter to preserve, protect and conserve freshwater
wetlands and the benefits derived therefrom, to prevent the despoliation
and destruction of freshwater wetlands and to regulate the development
of such wetlands in order to secure the natural benefits of freshwater
wetlands, consistent with the general welfare and beneficial economic,
social and agricultural development of the Village;
B.
The proposed regulated activity is consistent with
the Village's land use regulations;
C.
The proposed regulated activity is compatible with
the public health and welfare;
D.
The proposed regulated activity is reasonable and
necessary; and
E.
There is no reasonable alternative for the proposed
regulated activity on a site which is not a freshwater wetland or
adjacent area.
A.
Any permit issued pursuant to this chapter may be
issued with conditions. Such conditions may be attached as are necessary
to assure the preservation and protection of affected freshwater wetlands
and to assure compliance with the policy and provisions of this chapter
and the provisions of the Planning Board's rules and regulations adopted
pursuant to this chapter.
B.
The Planning Board may require a performance bond
in such form and sureties as it deems necessary. Said bond shall guarantee
compliance with all provisions of this chapter and all other conditions
and requirements imposed on the approval of the permit.
C.
Operations conducted under the permit shall be open
to inspection at any time by the Building Inspector or Village Engineer.
The issuance of a permit by the Planning Board does not relieve the
applicant from obtaining all other necessary authorizations.
D.
The Planning Board may suspend or revoke a permit
issued pursuant to this chapter where it finds that the permittee
has not complied with any or all terms of such permit, has exceeded
the authority granted in the permit or has failed to undertake the
project in the manner set forth in the application.
E.
Any fees involved shall be the same as fees required for an appeal to the Zoning Board of Appeals. See Ch. 67, Fees and Deposits.
[Amended 9-11-2000 by L.L. No. 3-2000]
F.
After a public hearing the Planning Board may adopt,
amend and repeal rules and regulations consistent with this chapter
as it deems necessary and proper to administer this chapter.
A.
Any person who violates, disobeys or disregards any
provision of this chapter shall be liable for a civil penalty, not
to exceed $3,000, for every such violation to be assessed. Each and
every day a violation continues after written notice has been served
on the violator by the Building Inspector shall be deemed a separate
violation. Before assessment of the civil penalty, the alleged violator
shall be afforded a hearing or opportunity to be heard before the
Planning Board, upon due notice, and with the rights to specification
of the charges and representation by counsel.
B.
The Planning Board shall also have the power, following
a hearing, to direct a violator to cease violation of this chapter
and to satisfactorily restore the affected freshwater wetland to its
condition prior to the violation under the Board's supervision.
C.
Any civil penalty or order issued by the Village shall
be reviewable pursuant to the Civil Practice Law and Rules.
D.
In addition to the above civil fine, any person who violates an order issued pursuant to Subsection B of this section shall be guilty of a violation pursuant to the Penal Law, punishable by a fine of not less than $500 nor more than $1,000. For a second and each subsequent offense, the violator 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 of not less than 15 days nor more than six months, or both.
[Amended 9-11-2000 by L.L. No. 3-2000]
E.
The Planning Board shall have the right to seek equitable
relief to restrain any violation or threatened violation of any provisions
of this chapter.
A.
Any decision or order of the Planning Board may be
reviewed:
(1)
By the Freshwater Wetlands Appeals Board in accordance
with Title 11 of Article 24 of the New York State Environmental Conservation
Law,[1] provided that, within 30 days after service of such order
or notice of such decision, such review is commenced by the filing
with the Freshwater Wetlands Appeals Board a notice of review; and
[1]
Editor's Note: Regarding Title 11, Article 24 of the Environmental
Conservation Law, §§ 24-1101, 24-1103 and 24-1105 were
repealed by L. 2012, c. 60, pt. D, § 36, effective October 10,
2012. Remaining § 24-1104 expired and was deemed repealed
June 30, 1992.
(2)
Pursuant to Article 78 of the New York State Civil
Practice Law and Rules.
B.
The institution of a judicial proceeding to review
a determination or order of the Planning Board shall preclude the
institution of a proceeding before the Freshwater Wetlands Appeals
Board to review such a determination or order.
After a public hearing, the Board of Trustees
may adopt a Freshwater Wetlands Map indicating the boundaries of any
freshwater wetlands in the Village, as defined herein, provided that
said Freshwater Wetlands Map is no less restrictive than that filed
by the State Department of Environmental Conservation. The Board of
Trustees may, after a public hearing, so amend, modify or update an
adopted Freshwater Wetlands Map as it deems necessary and proper to
carry out the intent of this chapter.
This chapter shall take effect upon either the
filing with the Clerk of the Village of a Freshwater Wetlands Map
duly adopted by the Board of Trustees or upon the filing with the
Clerk of the Village of a Freshwater Wetlands Map by the State Department
of Environmental Conservation pursuant to § 24-0301 of the
New York State Environmental Conservation Law, whichever occurs first.