This chapter shall be known as the "Wetlands Protection Law of the Town
of Guilderland."
It is declared to be the policy of the Town of Guilderland 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 the following meanings:
ADJACENT AREA
Any land in the Town of Guilderland immediately adjacent to a freshwater
wetland lying within 100 feet of the boundary of a freshwater wetland.
AGENCY
The Conservation Advisory Council of the Town of Guilderland or,
if so redesignated, the Conservation Board of the Town of Guilderland.
BOARD
The Freshwater Wetlands Appeals Board established by Article 24 of
the State Environmental Conservation Law.
BOUNDARY OF A FRESHWATER WETLAND
The outer limit of the vegetation or of the waters, as the case may
be, specified in the definition of "freshwater wetlands" herein provided.
FRESHWATER WETLANDS
Lands and waters as defined in Subdivision 1 of § 24-0107
of the Environmental Conservation Law of the State of New York as the same
may be from time to time amended and as such lands and waters are shown on
the Freshwater Wetlands Map.
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 Guilderland 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 a 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; erecting any structures or roads, the driving of pilings, or
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.
A public hearing held pursuant to this chapter shall be conducted by
the Agency, which shall cause a record of the hearing to be made and shall
within 10 days after receipt of the hearing record submit to the Planning
Board its findings and recommendations, together with the hearing record and
all documentary evidence admitted upon the hearing. The Agency shall permit
all persons filing notices of appearance to be heard and shall admit such
testimony from other persons as it deems relevant and material to the issues.
The applicant and all persons filing notices of appearance shall be given
an opportunity to examine and cross-examine witnesses on issues of fact and
to present oral and written arguments on issues of law and policy. Persons
not filing notices of appearance may, in the discretion of the Agency, be
permitted to participate to the extent of submitting oral or documentary evidence
whenever the Agency deems such evidence relevant or material to any issue
raised by the application or where the Agency finds such participation to
be in the public interest. Every act, motion or resolution shall require for
its adoption the affirmative vote of a majority of all members of the Agency.
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 to, provisions
for the inspection of a regulated activity from time to time, the posting
of security 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
Agency shall have the power to adopt, amend and repeal rules and regulations
consistent with this chapter for the purpose of administering the same; 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 Guilderland 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 the Agency may determine.
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
and the Agency shall, in the exercise of their respective functions hereunder,
coordinate the same with such functions as they may exercise under any other
state or local law, rule or regulation.
The Planning Board may, upon the recommendation of the Agency, 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 order, rule or regulation of the Agency or 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. Penalties and injunctive relief
provided herein shall be recoverable in an action brought by the Attorney
General at the request of the Agency, the Planning Board or the Commissioner
of Environmental Conservation of the State of New York. Such action may be
brought in the name of the Agency, the Planning Board or in the
name of such Commissioner.
Any determination of the Planning Board under this chapter may be reviewed
in accordance with the provisions of Subdivision 5 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.
Any person or persons who shall violate any provisions of this chapter shall be guilty of an offense punishable by a penalty as set forth in Chapter
1, General Provisions, Article
III.