This chapter shall be known as the "Freshwater
Wetlands Protection Law of the Town of North Greenbush."
It is declared to be the policy of the Town
of North Greenbush to exercise its authority pursuant to Article 24
of the State Environmental Conservation Law.
The following terms, phrases, words and their
derivatives wherever used in this chapter shall have following meanings:
ADJACENT AREA
Any land in the Town of North Greenbush immediately adjacent
to a freshwater wetland, lying within 100 feet of the boundary of
a freshwater wetland.
APPEALS BOARD
The Freshwater Wetlands Appeals Board established by Article
24 of the State Environmental Conservation Law.
FRESHWATER WETLANDS
Lands and waters as defined in Subdivision (1) of the § 24-0107
of the Environmental Conservation Law of the State of New York.
FRESHWATER WETLANDS MAP
The map on which are indicated the boundaries of any freshwater
wetland and which has been filed with the Clerk of the Town of North
Greenbush by the State Department of Environmental Conservation pursuant
to § 24-0301 of the State Environmental Conservation Law.
PERSON
Any corporation, firm, partnership, association, trust, estate,
one or more individuals and any unit of government or agency or subdivision
thereof.
POLLUTION
The presence in the environment of human-induced conditions
or contaminants in quantities or characteristics which are or may
be injurious to humans, plants, animals or property.
PROJECT
Any action which may result in direct or indirect physical
impact on a freshwater wetland, including but not limited to any regulated
activity.
REGULATED ACTIVITY
Any form of draining, dredging, excavation, removal of soil,
mud, sand, shells, gravel or other aggregate from any freshwater wetland
either directly or indirectly; any form of dumping, filling or depositing
of any soil, stones, sand, gravel, mud, rubbish or fill of any kind
either directly or indirectly; the erecting of any structures or roads,
the driving of pilings or the placing of any other obstructions, whether
or not changing the ebb and flow of the water; 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
directly into or so as to drain into a freshwater wetland; that portion
of any subdivision of land that involves any land in any freshwater
wetland or adjacent area; 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 Environmental Conservation Law of the State of New York, as
the same may be from time to time amended.
SELECTIVE CUTTING
The annual or periodic removal of trees, individually or
in small groups, 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 particular species of trees.
STATE
The State of New York.
In the granting of a permit, conditions or limitations
may be imposed designed to carry out the purposes of this chapter
in preserving and protecting affected freshwater wetlands, including,
but without limitation thereto, provisions for the inspection of a
regulated activity from time to time; the posting of bond, as established
by the Planning Board, conditioned upon compliance with the terms
and conditions of the permit; advance notification of the commencement
of construction; and reasonable time limitations.
In order to carry out the purposes and provisions
of this chapter, the Planning Board shall have the power to contract
for professional and technical assistance and advice; to hold hearings
and subpoena witnesses in the exercise of its powers, functions and
duties; to recommend the posting of a bond or other security by a
permittee conditioned upon faithful compliance with the terms and
conditions of such permit and for indemnification to the Town of North
Greenbush for any restoration costs resulting from a failure of such
compliance; and to establish a schedule of costs and fees chargeable
to applicants to defray the costs of postage, service of process,
publication, stenographic services and technical and professional
services as it may determine. The applicant shall bear all reasonable
costs and fees associated with the proposal. Such costs may include
but are not limited to notices of public hearings, conduct and reporting
of public hearings, technical assistance, professional and legal representation,
liability insurance and rental of adequate facilities for the proper
conduct of any public hearings.
No permit granted pursuant to this chapter shall
abrogate any obligation to comply with any other law, ordinance, rule
or regulation applicable to or affecting land use and development.
Wherever possible, the Planning Board shall, in the exercise of its
functions hereunder, coordinate the same with such functions as it
may exercise under any other state or local law, rule or regulation.
The Planning Board may suspend or revoke any
permit issued pursuant to this chapter upon a finding that the permittee
has failed to comply with any of its terms and conditions; has failed
to comply with any other law, ordinance, rule or regulation pertaining
to land use and development in the affected area; has exceeded the
authority granted by such permit; has failed to post any bond or security
required by the Planning Board; or has failed to undertake or conduct
the regulated activity in the manner set forth in the application.
The provisions of Title 1, Title 3 and Title
5 of Article 71 of the Environmental Conservation Law, except as herein
modified, shall be applicable to the enforcement of this chapter.
In addition, any person who violates, disobeys or disregards any provision
of this chapter or of any permit issued hereunder shall be liable
to a civil penalty of not more than $3,000 for each such violation
and an additional penalty of not more than $500 for each day during
which such violation continues, and, in addition thereto, such person
may be enjoined from continuing such violation.
Any determination of the Planning Board under
this chapter may be reviewed in accordance with the provisions of
Subdivision (6) of § 24-0705 and Title 11 of Article 24
of the Environmental Conservation Law, and the provisions of such
sections shall be applicable to any such review.
This chapter shall take effect upon the filing with the Clerk of the Town of North Greenbush of the final freshwater wetlands map by the State Department of Environmental Conservation, pursuant to § 24-0301 of the Environmental Conservation Law, and any such amended maps, as provided for in §
103-3 of this chapter, applicable to any or all lands within the Town of North Greenbush.