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.
MATERIAL
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.
OPERATION
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.
PERSON
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
REMOVE
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.
UPLAND
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.
WATERCOURSES
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.
[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.
Application filing fee
|
$350
|
New docks and floats (per linear foot)
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$5
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As-built fee
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$350
|
Dredging and filling (per cubic yard)
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$5
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The applicant is also responsible for all consulting and other
fees incurred by the Village.
|
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:
A. No new construction, structures, dwellings or operations
will be permitted after the effective date of this chapter, except
by permit as provided herein.
B. 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.
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.