[HISTORY: Adopted by the Board of Trustees of the Village of Greenport 8-24-1976 by L.L. No. 4-1976 (Ch. 82 of the 1975 Code). Amendments noted where applicable.]
The Village of Greenport finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon, despoiling, polluting or eliminating many of its watercourses, coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands, watersheds, water recharge areas and other natural resources and processes associated therewith which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreation and economic assets to exiting and future residents of the Village.
It is the intent of the Village Board to protect the citizens of the Village of Greenport by providing for the protection, preservation, proper maintenance and use of its watercourses, coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands, watersheds, water recharge areas and natural drainage systems in order to minimize their disturbance, prevent damage from erosion, turbidity or siltation, salt water intrusion, loss of fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation and the destruction of the natural habitat thereof, the danger of flood and storm tide damage and pollution, and to otherwise protect the quality of watercourses, coastal wetlands, tidal waters, marshes, shorelines, freshwater wetlands, watersheds and water recharge areas, underground water reserves, beaches and natural drainage systems for their conservation, economic, aesthetic, recreation and other public uses and values and further to protect the Village's potable fresh water supplies from the dangers of drought, overdraft, pollution and misuse or mismanagement. Therefore, the Village Board declares that regulation of the watercourses, coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands, watersheds, water recharge areas and natural drainage systems of Greenport Village is essential to the health, safety, economic and general welfare of the people of Greenport Village and for their interest.
This chapter shall be known and may be cited as the "Coastal and Freshwater Wetlands, Floodplain and Drainage Law of the Village of Greenport."
The following terms, phrases, words and their derivatives shall have the meanings given herein:
- COASTAL FLOODPLAIN
- Includes all tidal waters and marshes and contiguous uplands
which are inundated regularly or intermittently from normal tidal
cycles and/or peak lunar and storm tides. The upland limit of peak
storm tide and, hence, limit of the coastal floodplain shall be established
as more fully set forth the Flood Insurance Rate Map for the Village
of Greenport as prepared by the National Flood Insurance Program,
Federal Emergency Management Agency, such map bearing Community Panel
Number 361004-001-C, as revised.[Amended 8-15-1985 by L.L. No. 2-1985]
- COASTAL WETLANDS
- Includes all lands and submerged lands bordering on or within the Village boundaries which are covered by tidal waters, permanently or intermittently, from normal or peak lunar tides.
- COMPREHENSIVE PLAN
- That Comprehensive Master Plan of the Village for the development of the entire area of the municipality showing existing and proposed facilities, endorsed by the Planning Board and adopted by the Village Board.
- FRESHWATER WETLANDS
- Lands and submerged lands commonly called marshes, swamps, sloughs, bogs and flats, supporting aquatic or semiaquatic vegetation of the following vegetative types:
- A. 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 rubrum), willows (Salix spp.), black spruce (Picea mariana), swamp white oak (Quercus bicolor), red ash (Fraxinus pennsylvanica), American elm (Ulmus americana) and larch (Larix laricina).
- B. 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 spp.), buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla) and leatherleaf (Chamaedaphne calyculata).
- C. Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), reed (Phragmites communis), wild rice (Zizania aquatica), bur reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alisma plantago-aquatica).
- D. Rooted, floating-leaved vegetation, including, among others, water lily (Nymphaea ordorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.).
- E. Free-floating vegetation, including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.).
- F. 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 spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus) and spike rush (Eleocharis spp.).
- G. Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarrancenia purpurea) and cranberries (Vaccinium macrocarpon and V. oxycoccos).
- H. Submergent vegetation, including, among others, pondweeds (Potamogeton spp.), naiads (Naias spp.), bladderworts (Utricularia spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum spp.), muskgrass (Chara), stonewort (Nitella spp.), waterweeds (Elodea spp.) and water smartweed (Polygonum amphibium).
- INTERTIDAL ZONE
- Includes those tidal marshes and coastal wetlands regularly covered and exposed by normal tidal water action; the area between mean low water and mean high water, including the low marsh cordgrass (Spartina alterniflora).
- LAMBERT PROJECTION
- Lambert Polyconic Conformal Projection, (appropriate) State Coordinate System, (appropriate) Zone.
- Includes but is not limited to soil, sand, gravel, clay, bog, peat, mud, debris and refuse or any other material, organic or inorganic.
- NATURAL DRAINAGE SYSTEM
- Those uplands, floodplain lands and watercourses, including coastal wetlands, designated on the Official Map of Greenport Village. Such lands and waters may include but not be limited to all uplands exhibiting fifteen-percent or greater slopes; all fresh, salt or brackish water; swamps; bogs; marshes; streams; vernal ponds; ponds; lakes and all lands within the coastal floodplain, whether intermittently or permanently saturated or covered by ground- , surface or tidal waters.
- Use or activity, removal, deposition or construction operations, or all of these.
- PEAK LUNAR TIDES
- Those excessively high tides or spring tides caused by lunar gravitational phenomena.
- Any person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.
- Includes dig, dredge, suck, bulldoze, dragline or blast.
- TIDAL MARSH
- Includes those coastal wetlands inundated by tidal waters from normal tidal action, and/or peak lunar tides, exhibiting salt marsh peat at their undisturbed surface and upon which grow some or all of the following indigenous vegetation: salt-meadow grass (Spartina patens), spike-grass (Distichlie spicata), black grass (Juncus gerardi), cordgrass (Spartina alterniflora), saltworts (Salicornia spp.), sea lavender (Limonium carolinanus), salt-marsh bulrushes (Scirpus robustus and Scirpus poludosus var. atlanticus), sand spurry (Spergularia marina), tall cordgrass (Spartina pectinata), high tide bush (Iva frutescens and Iva buccarus), cattails (Typha augustifolia and Typha latifolia), spike rush (Eleocharis rostellata), chairmaker's rush (Scirpus americanus), bent grass (Argostis polustria) and sweet grass (Hierochloe odorata).
- TIDAL WATER
- Includes all waters bordering on or within the Village boundaries subject to fluctuations in depth from storm, peak lunar or normal tidal action, and shall include but is not limited to all brackish and salt waters of streams, ponds, creeks, estuaries, bays, sounds, inlets and the ocean, and may include certain freshwaters.
- UNITED STATES COAST AND GEODETIC SURVEY CONTOUR
- Those elevations established on contour maps of the United States Coast and Geodetic Survey.
- Includes all lands at elevations above the most landward edge of the tidal marsh and/or above peak lunar tides or peak storm tides of record.
- All water bodies other than tidal waters, including freshwater streams, marshes, swamps, bogs, vernal ponds, ponds and lakes.
- WATER RECHARGE AREAS
- All land surface areas which by nature of their surface and/or subsurface soil characteristics are determined to contribute to the replenishment of subsurface water supplies.
- WATERSHED LANDS
- All land surface areas bounded peripherally by a water parting and draining ultimately to a particular watercourse. Such lands shall include all surface water catchment areas or drainage basins from which the watercourses are drawn via surface drainage.
Except as hereinafter provided, it shall be unlawful for any person, without obtaining a written permit therefor, issued upon the order of the Village Board, to:
Place or deposit, or permit to be placed or deposited, debris, fill or any materials, including structures, into, within or upon any tidal waters or other watercourses, coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands, watersheds, water recharge areas or any natural drainage system.
Dig, dredge or in any other way alter or remove any material from submerged lands, tidal waters or other watercourses, coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands, water recharge areas or any natural drainage system.
The deposition or removal of sand, gravel or any materials and construction of groins, docks, bulkheads, boathouses, dwellings, accessory buildings, roads or other improvements within tidal waters or other watercourses, coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands, watersheds, water recharge areas or natural drainage systems shall be regulated by the provisions of this chapter.
The deposition or removal of natural products of the watercourses, coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands, watersheds, water recharge areas or any natural drainage system by commercial or recreational fishing, shellfishing, aquaculture, hunting or trapping operations shall be excepted from provisions of this chapter where otherwise legally permitted and regulated.
The acts set forth in § 142-4A and B are permissible if done pursuant to terms and conditions of a permit approved by the Village Board and obtained from the Village Clerk or pursuant to an approved and filed subdivision map or building permit carrying final site development approval by the Planning Board and approved by the Village Board.
The following operations and uses are permitted in the watercourses, coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands, watersheds, water recharge areas or any natural drainage systems as a matter of right subject to provisions of § 142-4A and B:
Conservation of soil, vegetation, water, fish, shellfish and wildlife.
Outdoor recreation, including play and sporting areas, field trials, nature study, hiking, horseback riding, swimming, skin diving, camping, boating, water skiing, trapping, hunting, fishing and shellfishing where otherwise legally permitted and regulated.
Operation of dams and other water control devices, including temporary alteration or diversion of water levels or circulation for emergency, maintenance or aquaculture purposes.
Grazing, farming, nurseries, gardening and harvesting of crops.
Boat anchorage or mooring.
Uses accessory to residential or other permitted primary uses of adjoining lands or waters, provided that they are consistent with the intent and objectives of this chapter.
Upon the issuance of a special permit for an exception to § 142-4A or B and subject to such special conditions or safeguards as the Village Board may deem necessary to fulfill the intent and objectives of this chapter, the following uses and operations are permitted:
Docks, bulkheads, boat launching or landing sites and marinas.
Temporary storage of materials.
Appropriate municipal uses, such as parks, recreation, wildlife sanctuaries and accessory uses, such as concessions.
Commercial or private recreation facilities consistent with this chapter as determined by the Village Board.
Dams and other water-control devices, dredging or diversion of water levels or circulation or changes in watercourses to improve hazardous navigation conditions, or for the improvement of fish, shellfish or wildlife habitat, recreation facilities or drainage improvements deemed to be consistent with the intent and objectives of this chapter by the Village Board.
Driveways and roads where alternative means of access are proven to be impractical in the considered judgment of the Village Board.
All uses and operations permitted or approved by special permit shall be conducted in such a manner as will cause the least possible damage and encroachment or interference with natural resources and natural processes within the watercourses, coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands, watersheds, water recharge areas or any natural drainage system.
Provided that the Planning Board or Zoning Board of Appeals, as the case may be, concurs, that portion of any single lot or subdivision in a coastal floodplain, watershed, recharge lands, tidal marsh or freshwater wetland or natural drainage system may be used in calculating the area and yard requirements for the zoning district in which the remainder of the lot or subdivision is situated.
The valuation placed on coastal floodplain, watershed lands, water recharge areas, tidal marshes or freshwater wetlands or natural drainage systems for purposes of real estate taxation shall take into account and be limited by the limitation on future use of such land, provided that the landowner grants to the Village a permanent scenic or conservation easement to run with the land. Such easement shall not necessarily include public access, but shall give to the Village all development and management rights upon the land subject to the easement. The value of such easement shall be a legal income tax deduction subject to Internal Revenue Code B, Statutes and Rulings, Section 170, Charitable, etc., Contributions and Gifts.
All applicants for a permit to do any of the acts permitted or prohibited by §§ 142-4 and 142-5 shall present an original and three copies of the permit application, together with other required information, to the Village Clerk. All applicants and copies thereof must be accompanied by or include the following information:
The name and address of applicant and applicant's agent, if any, and whether the applicant is the owner, lessee, licensee, etc. If the applicant is not the owner, the written consent of the owner, duly acknowledged, must be attached.
The purpose of the proposed removal or deposition operations, use or activity.
The amount of material proposed to be removed or deposited or the type of use.
A description of the area in which removal, deposition or use is proposed. The description shall be by bearing distance and based upon the Lambert Projection. North and east coordinates of the starting point shall be given.
The depth to which removal or deposition operations are proposed and the angle of repose of all slopes, including deposited materials and sides of channels or excavations resulting from removal operations.
The manner in which material will be removed or deposited, structure installed or use carried out.
The permit application shall be accompanied by:
A survey and topographical map, with contours shown at one-foot intervals, and the area of removal, deposition, use or construction indicated.
All maps shall be certified by a registered land surveyor or professional engineer, both licensed in the State of New York.
The survey and topographical map shall show the soundings, depth or height of the proposed removal and deposition area. The horizontal control of survey shall be based upon the Lambert Projection. The vertical control for elevation and soundings shall be based upon United States and Geodetic Survey and/or United States Geological Survey datum.
The names and addresses of all owners of lands contiguous to lands and waters where proposed operations will take place.
A filing fee representing no more than five percent (5%) of the estimated cost of the proposed operation as designated by the Village Board.
Copies of all applications made to any other agencies and any correspondence to or from those agencies and any approvals or denials from those agencies.
[Added 10-24-2019 by L.L. No. 4-2019]
This chapter does not obviate the necessity for the applicant to obtain the assent of or a permit required by any other agency before proceeding with operations under an approved Village Board permit. Approvals or permits which may be required by the Village Board of Trustees, State Water Resources Commission, Department of the Army or others are solely the responsibility of the applicant. No operations shall be initiated by the applicant until such other permits as may be required are issued.
All applications for building permits, filed subdivision maps or any development within the watercourses, coastal wetlands, tidal marshes, floodplain lands, natural drainage systems, freshwater wetlands, watersheds and water recharge areas shall be reviewed by the Village Conservation Advisory Council. The Council shall file its report with the Village Board as provided in § 142-8B below.
[Amended 10-24-2019 by L.L. No. 4-2019]
[Amended 12-23-2013 by L.L. No. 7-2013]
Permit fees for dredging, bulkheading, dockbuilding, filling in wetlands or any permit requiring Board of Trustees' approval.
The Village Clerk shall retain the original permit application for his files and distribute one copy each to the Village Board and the Conservation Advisory Council.
The Conservation Advisory Council shall review all permit applications and provide a written report to the Village Board within 21 days of its receipt of said application. Upon prior reasonable public notice published in the official newspaper of the Village, the Village Board shall hold a public hearing on the permit application. The Village Board shall, after the required public hearing, then render a decision to deny, approve or approve with conditions the permit application. In rendering a decision of approval, approval with conditions or denial of a permit, the Village Board shall state, in writing, its findings of fact and conclusions. The decision shall be transmitted to the Village Clerk, who will advise the applicant of such decision by transmitting a copy of the permit application to such applicant with the decisions and conditions, if any, imposed by the Village Board attached.
If the permit application is denied or approved, the decision of the Village Board regarding a permit application shall be judicially reviewable.
Based upon the proceedings and decision of the court in the event a taking is declared, the Village may, within the time specified by the court, elect to:
Institute condemnation proceedings to acquire the applicant's land in fee by purchase at the fair market value.
Approve the permit application with lesser restrictions or conditions.
Invalidate all conditions and the application of this chapter to the plaintiff's land and grant a permit without conditions.
The permit applicant or his agent proceeding with operations approved shall carry on his person or have readily available the approved permit and shall show the same to any agency or agent of the Village of Greenport whenever requested.
Operations conducted under the permit shall be open to inspection at any time by any agency or agent of Greenport Village.
The term of a permit granted by the Board of Trustees shall not be longer than two years and shall be no longer than the term of any permit issued by another agency.
[Added 10-24-2019 by L.L. No. 4-2019]
Prior to the issuance of an approved permit, the applicant shall provide proof to the Village that the applicant has workmens' compensation insurance and public liability insurance in the amount of $1,000,000 per occurrence and $ 2,000,000, and property damage insurance in the amount of $500,000 which insurance shall name the Village of Greenport as additional insured while the permit is outstanding and which insurance shall be in effect during the term of the permit. The applicant shall provide proof of the insurance and the renewal of the insurance in the form of a binder. The applicant shall also provide an original policy naming the Village of Greenport as additional insured if requested by the Village.
[Amended 10-24-2019 by L.L. No. 4-2019]
The applicant shall also submit to the Village Clerk an affidavit which indemnifies and saves harmless the Village or any 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, his agents or employees.
In the case of removal, deposition or placement of structures and other operations or uses permitted within the watercourses, coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands, watersheds, water recharge areas or any natural drainage systems, the Village Board shall reserve the right to require a permit or license for that activity, use or operation, including the right to require payments to the Village in an amount and in such manner as the Village Board shall direct.
[Amended 10-24-2019 by L.L. No. 4-2019]
Editor's Note: Former Subsection E, regarding the Village Board's right to require permits or licenses for various operations or uses, and which immediately followed this subsection, was repealed 10-24-2019 by L.L. No. 4-2019.
Any structures, dwellings, construction or operations existing within the watercourses, coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands, watersheds, water recharge areas or any natural drainage system shall be exempt from this chapter and permitted to continue, provided that:
No new construction, structures, dwellings or operations will be permitted after the effective date of this chapter, except by permit as provided herein.
Where damage or hazardous conditions exist, the landowner may be required by the Village Board to repair such damage or remedy such hazardous conditions as the Village Board may direct.
Any person, firm, corporation or entity found violating any provision of this chapter or conditions imposed by the Village Board upon an approved permit shall be served with a written notice at the direction of the Village Board stating the nature of the violation and providing a specified time within which the violation shall cease and satisfactory corrective action be taken by the violator.
Any person, firm, corporation or entity violating this chapter shall be guilty of an offense and, upon conviction thereof, shall be punishable as provided in § 71-2303 of the Environmental Conservation Law.
[Amended 5-16-1996 by L.L. No. 3-1996]
Any person, firm, corporation or entity who shall continue such violation beyond the time limit specified by the Village Board shall be guilty of another offense and shall be punishable as provided in Subsection B above.
[Amended 5-16-1996 by L.L. No. 3-1996]
In the event that any person, firm, corporation or entity shall continue any violation beyond the time limit specified by the Village Board, the Village Board shall direct the Village Attorney to apply to the Supreme Court in the 10th Judicial District for an order directing that the violation be corrected or removed, and all costs and expenses incurred by the Village of Greenport in connection with proceedings, including the actual costs of correction or removal, shall be assessed against the offender.
Any person, firm, corporation or entity violating the provisions of this chapter shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation.
This chapter is enacted under provisions of the Municipal Home Rule Law, Article 2, § 10, and the Municipal Home Rule Law, Article 3, § 20, Subdivision 4. This chapter shall take effect immediately.