This chapter shall be known and may be cited as the "Freshwater Wetlands
Ordinance of the Town of Stony Point."
The following terms shall have the meanings given herein:
APPLICANT
Any person who files an application for any permit issued by the
Board of Review pursuant to this chapter, including the agent of a real property
owner or a contract vendee.
BOARD
The Freshwater Wetlands Appeals Board established by Article 24 of
the State Environmental Conservation Law.
BOARD OF REVIEW
The town administrative agency which shall approve or disapprove
permits to be issued under this chapter. The Board of Review shall consist
of the members of the Planning Board.
[Amended 3-9-1993 by L.L.
No. 3-1993]
FRESHWATER WETLANDS
Lands and waters of the Town of Stony Point which meet the definition
established in § 24-0107, Subdivision 1, of the New York State Environmental
Conservation Law and which have an area less than 12.4 acres.
[Amended 3-9-1993 by L.L.
No. 3-1993]
PERSON
Any corporation, firm, partnership, association, trust, estate, individual
or any unit of government or agency or subdivision thereof.
POLLUTION
The presence in the environment of man-induced conditions or contaminants
in quantities or characteristics which are or may be injurious to property
or to plant or animal life.
PROJECT
Any action resulting in direct or indirect physical impact on a freshwater
wetland, including but not limited to any regulated activity.
REGULATED ACTIVITY
This term includes:
A.
Any form of draining, dredging, excavation, removal of soil, mud, sand,
shells, gravel or other aggregate, either directly or indirectly, from any
freshwater wetland.
B.
Any form of dumping, filling or depositing of any soil, mud, sand, gravel,
rubbish or fill of any kind, either directly or indirectly, into a freshwater
wetland.
C.
Erecting any structures or roads, the driving of pilings or placing
of any other obstructions in a freshwater wetland, whether or not changing
the ebb and flow of the water.
D.
Any form of pollution of a freshwater wetland, including but not limited
to installing a septic tank, running a sewer outfall, discharging sewage treatment
effluent or other liquid wastes into or so as to drain into a freshwater wetland.
E.
Any other activity which substantially impairs any of the several functions
and benefits of freshwater wetlands as set forth in § 24-0105 of
the New York State Environmental Conservation Law.
SELECTIVE CUTTING
The 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 species
of trees.
Violation, penalties and enforcement of this chapter shall be as specified
by Title 23 of Article 71 of the New York State Environmental Conservation
Law.
Any freshwater wetland as defined herein shall be deemed subject to
a limitation on the use of such wetlands for the purposes of property tax
evaluations in the same manner as if an easement or the like had been acquired
pursuant to the General Municipal Law. Assessed value shall be based, during
the duration of such agreement or restriction, on the uses remaining to the
owner thereof.
This chapter shall take effect upon the filing with the Clerk of the
town of the final Freshwater Wetlands Map by the State Department of Environmental
Conservation pursuant to § 24-0301 of the New York State Environmental
Conservation Law applicable to any or all lands within the town.
[Added 3-9-1993 by L.L. No.
3-1993]
This chapter is accompanied by a map entitled "Freshwater Wetlands Map
of the Town of Stony Point, dated March 9, 1993," which map is hereby made
a part of this chapter. Said map identifies the location of wetlands, provided that if
there is a conflict as to the precise location of wetlands, the precise location
thereof shall be determined by reference to the definitions contained in this
chapter. Said Freshwater Wetlands Map may be amended from time to time by
the Planning Board for any of the following reasons:
A. To correct or clarify the location of wetlands.
B. To eliminate from the jurisdiction of this chapter particular
wetlands deemed to be insignificant for the purpose of this chapter.
C. To incorporate supplementary maps that correct, clarify
or affirm in detail the location of any wetlands.