A.
Administrative sanctions.
(1)
Any person who undertakes any regulated activity within
a wetland or wetland buffer without a permit issued hereunder or who
violates, disobeys or disregards any provision of this chapter, including
any provision of any permit issued pursuant to this chapter or any
rule or regulation adopted by the approval authority pursuant to this
chapter, shall be liable to the Town for a civil penalty of not more
than $10,000 for every such violation.
(2)
Each consecutive day of the violation will be considered
a separate offense.
(3)
Such civil penalty may be recovered in an action brought
by the Town at the request and in the name of the approval authority
in any court of competent jurisdiction. Such civil penalty may be
released or compromised by the approval authority, and any action
commenced to recover the same may be settled and discontinued by the
approval authority. In addition, the approval authority shall have
power, following a hearing, to direct the violator to restore the
affected wetland and/or wetland buffer to its condition prior to the
violation, to the maximum extent possible, within a reasonable time
and under the supervision of the approval authority or its designate.
(4)
Any such order of the approval authority shall be
enforceable in an action brought in any court of competent jurisdiction.
Any order issued by the approval authority pursuant to this section
shall be reviewable in a proceeding pursuant to Article 78 of the
State Civil Practice Law and Rules.
(5)
The Town will provide technical assistance to the
court if requested.
B.
Criminal sanctions.
(1)
Any person who violates an order, permit or rules
or regulations of the approval authority regulating wetlands and wetland
buffers pursuant to this chapter shall, for the first offense, be
guilty of a violation punishable by a fine of not less than $1,000
and not more than $2,000, for a second and each subsequent offense,
he shall be guilty of a misdemeanor punishable by a fine of not less
than $3,000 nor more than $25,000 or a term of imprisonment of not
more than six months, or both.
(2)
In addition to these punishments, any offender may
be ordered by the court to restore the affected wetland and/or wetland
buffer to its condition prior to the offense, to the maximum extent
possible. The court shall specify a reasonable time for the completion
of such restoration, which shall be effected under the supervision
of the approval authority.
(3)
Each offense shall be a separate and distinct offense,
and, in the case of continuing offense, each day's continuance thereof
shall be deemed a separate and distinct offense.
(4)
The Town will provide technical assistance to the
court if requested.
The Town is specifically empowered to seek injunctive
relief restraining any violation or threatened violation of any provisions
of this chapter and compel the restoration of the affected wetland
or wetland buffer to its condition prior to the violation of the provisions
of this chapter.
A.
Appeal. Any party to any proceeding before the approval
authority may appeal to Somers Zoning Board of Appeals from any order
or decision of the approval authority, or any office or employee thereof,
issued or made pursuant to or within the scope of this chapter, provided
that such appeal is commenced by the filing with the Somers Zoning
Board of Appeals of a notice of appeal within 30 days after service
of such order or notice of such decision given, as the case may be.
B.
Judicial review. Any determination, decision or order
of the approval authority or any appeal to the Somers Zoning Board
of Appeals may be judicially reviewed pursuant to Article 78 of the
Civil Practice Law and Rules in the Supreme Court for Westchester
County.
A.
If any clause, sentence, paragraph, section or part
of this chapter or the application thereof to any person or circumstances
shall be adjudged by any court of competent jurisdiction to be invalid,
such order or judgment shall be confined in its operation to the controversy
in which it was rendered and shall not affect or invalidate the remainder
of any part thereof to any other person or circumstances, and to this
end the provisions of each section of this chapter are hereby declared
to be severable.
B.
In the event that any court finds the action of the
approval authority constitutes a taking without compensation and the
land so regulated merits protection under this chapter, the court
may, at the election of the approval authority, either set aside the
order or require the approval authority to proceed under the condemnation
law to acquire the wetlands or such less than fee rights therein as
have been taken.
This chapter may, from time to time, be amended
in accordance with the procedures and requirements of the general
statutes and as new information concerning soils, hydrology, flooding
or botanical species peculiar to wetlands becomes available.
Assessors and Boards of Assessors shall consider
wetland regulations in determining the fair market value of land.
Any owner of an undeveloped wetland who has dedicated an easement
or entered into a perpetual conservation restriction with the approval
authority or a nonprofit organization to permanently control some
or all regulated activities in the wetland shall be assessed consistent
with those restrictions. Such landowner shall also be exempted from
special assessment on the controlled wetland to defray the cost of
municipal improvements, such as sanitary sewers, storm sewers and
water mains.
This chapter shall take effect 10 days after
filing.
