[HISTORY: Adopted by the City Council of
the City of Troy 8-26-1976 (Art. IV of Ch. 19 of the 1973 Code). Amendments noted
where applicable.]
This law shall be known as the "Wetlands Ordinance
of the City of Troy."
It is declared to be the policy of the City
of Troy 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:
Any land in the City of Troy immediately adjacent to a freshwater
wetland lying within 100 feet of the boundary of the freshwater wetland.
The City Council of the City of Troy.
The Freshwater Wetlands Appeals Board established by Article
24 of the State Environmental Conservation Law.
The outer limit of the vegetation or of the waters, as the
case may be, specified in the definition of freshwater wetlands herein
provided.
The City of Troy Environmental Conservation Commission.
Lands and waters as defined in Subsection 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.
The map on which are indicated the boundaries of any freshwater
wetland and which has been filed with the Clerk of the City of Troy
by the State Department of Environmental Conservation, pursuant to
§ 24-0301 of the State Environmental Conservation Law.
Any corporation, firm, partnership, association, trust, estate,
one or more individuals, and any unit of government or agency or subdivision
thereof.
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.
Any action which may result in direct or indirect physical
impact on a freshwater wetland, including but not limited to any 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 soil, stone, 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; any other activity which substantially impairs any
of the several functions served by freshwater wetlands of 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.
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.
The State of New York.
A.
Except as provided in Subsection B of this section, no person shall conduct a regulated activity on any freshwater wetland or adjacent area unless such person has first obtained a permit pursuant to this law.
B.
No permit under this law shall be required for:
(1)
The depositing or removal of the natural products
of freshwater wetlands and adjacent areas by recreational or commercial
fishing, aquaculture, hunting or trapping, where otherwise legally
permitted or regulated.
(2)
Public health activities, pursuant to orders or regulations
of the State Department of Health, Rensselaer County Department of
Health or undertaken in compliance with § 24-0701(5) of
the State Environmental Conservation Law.
(3)
Activities subject to review by the Public Service
Commission of the State of New York or the New York State Board on
Electric Generation Siting and the Environment under Article 7 or
Article 8 of the Public Service Law of the State of New York.
(4)
Any actual and on-going emergency activity which is
immediately necessary for the protection or preservation of natural
resource values, including search and rescue operations, preventive
or remedial activities related to large-scale contamination of streams
or other bodies of water, floods, storms and public health concerns.
A.
Any person proposing to conduct or cause to be conducted
a regulated activity upon any freshwater wetland or adjacent area
shall file an application for a permit with the Bureau of Planning
and Community Development of the City of Troy, which application shall
be in such form as the City Planner may prescribe and shall set forth
the full name and address of each applicant and of the person or persons
interested in or intending to engage in such activity, the full name
and address of the owner or owners of the lands upon which activity
is proposed to be conducted, a detailed description of the proposed
activity, the location thereof, and the purpose, character and extent
thereof, and the names of the owners of record of all lands adjacent
to the freshwater wetlands or adjacent areas upon which the proposed
activity is to be conducted, and the names and addresses of any claimant
or claimants to water rights affecting such wetlands or adjacent areas,
known to the applicant. The application shall be accompanied by a
map showing the freshwater wetland or adjacent area affected and the
precise location of the proposed activity thereon and by a legal description
of the premises upon which the proposed activity is to be conducted.
B.
Within five days of receipt of an application completed
as herein provided, the City Planner shall cause a copy of such completed
application to be mailed to the City of Troy Environmental Conservation
Commission and to any local government outside of the City of Troy
having jurisdiction in any area where any part of the proposed activity
is located, shall provide the applicant with a notice of application
in such form as the City Planner may prescribe, which the applicant
shall at his/her own expense cause to be published at least once in
a newspaper having a general circulation in the City of Troy, and
shall deliver a copy of such application and notice to the City Council.
No action shall be taken by the Council prior to receipt of a recommendation
by the City of Troy Environmental Commission. Such recommendation
of the Environmental Commission shall be made within 30 days of filing
of the application with the Bureau of Planning and Community Development.
Such notice shall state:
(1)
That notices of objection, stating the grounds of
objection, may be filed with the Council within 10 days of date of
publication;
(2)
That in the absence of a filed notice of objection
or upon the Council's determination that the proposed activity is
of such a minor nature as to not affect or endanger the balance of
systems within any freshwater wetland, the Council may, in its discretion,
dispense with a public hearing upon the application; and
(3)
That the application, including all maps and documents
accompanying and made a part of the same, is available for public
inspection at the Bureau of Planning and Community Development of
the City of Troy. Notwithstanding any other provision of this section,
the Council may, in its discretion, dispense with the requirement
of a notice of application and conduct or cause to be conducted a
public hearing upon notice as hereinafter provided.
C.
Unless a public hearing upon the application shall
have been dispensed with as herein provided, the Council shall, after
the publishing of notice of the application as hereinbefore provided
and no sooner than 30 days nor later than 60 days after receipt by
the City Planner of a completed application, cause a public hearing
upon the application to be conducted upon notice as herein provided.
Such notice shall be published at least once in a newspaper of general
circulation within the City of Troy not less than 15 days prior to
the date of hearing and shall state the name of the applicant, the
time and the place of the hearing on the application, the location
and, in general terms, the scope of the proposed regulated activity.
Such notice shall also state that persons wishing to be heard file
with the Council and City Planner a notice of appearance within 10
days of the date of public notice setting forth such person's interest
in, and reasons for support or opposition to, the application. Such
public notice shall also state that any person may be heard at such
hearing without filing a notice of appearance; provided, however,
that in the absence of a timely filed notice of appearance and upon
a waiver of public hearing by the applicant, the Council may cancel
such hearing and determine that application without such hearing.
Such notice shall further state that the application, together with
all maps and other documents accompanying the same, is available for
public inspection at the Bureau of Planning and Community Development
of the City of Troy. At least 15 days prior to the date of hearing,
a copy of such notice shall be mailed to all owners of record of land
adjacent to the affected freshwater wetland or adjacent area and to
all known claimants of water rights affecting the same and to the
clerk of any municipality outside of the City of Troy wherein any
part of such proposed activity is located. All costs of publication
and mailing of such notice shall be borne by the applicant.
D.
Notwithstanding any other provision of this section,
the Council may, in its discretion, dispense with or cancel such public
hearing where:
(1)
No notice of objection to the notice of application has been filed as provided in Subsection B of this section; and
(2)
No notice of appearance has been filed as provided in Subsection C of this section, and the applicant has waived such public hearing; or
(3)
The Council determines that the proposed activity
is of such a minor nature as not to affect or endanger the balance
of systems within any freshwater wetland.
E.
Whenever a notice of public hearing has been published and served as provided in Subsection C of this section, a notice of cancellation shall be published and mailed at least three days before such public hearing in the manner and to the persons prescribed in respect to the notice of public hearing.
A public hearing held pursuant to this chapter
shall be conducted by the Council, 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 Mayor and City Planner its findings
and recommendations together with the hearing record and all documentary
evidence admitted upon the hearing. The Council 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 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 appearances may, in the
discretion of the Council, be permitted to participate to the extent
of submitting oral or documentary evidence whenever the Council deems
such evidence relevant or material to any issue raised by the application,
or where the Council 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 Council.
[Amended 9-7-1976]
A.
Whenever a public hearing has been had upon a permit
application, the Mayor, within 30 days from his/her receipt of the
hearing record including all documentary evidence admitted upon the
hearing together with the Council's approval, shall, by written decision,
either issue the permit with or without conditions or deny the application.
B.
A copy of the Mayor's determination shall be mailed
within five days of its issuance and filing to the applicant and to
the clerk of any municipality outside of the City of Troy within the
boundaries of which any part of the proposed regulated activity is
located.
A.
In granting, denying or conditioning any permit, the
Council shall consider the effect of the proposed activity with reference
to the public health and welfare, fishing, flood, hurricane and storm
dangers and protection or enhancement of the several functions of
the freshwater wetlands and the benefits derived therefrom set forth
in § 24-0105 of the Environmental Conservation Law.
B.
No permit shall be issued pursuant to this law unless
it shall be found that:
(1)
The proposed regulated activity is consistent with
the preservation, protection and conservation of freshwater wetlands
and the benefits derived therefrom, the prevention of the despoliation
and destruction of freshwater wetlands, and the regulation of the
development of such wetlands to secure the natural benefits thereof
consistent with the general welfare, economic, social and agricultural
betterment of the City of Troy;
(2)
The proposed regulated activity is consistent with
the land use regulations applicable in the City of Troy pursuant to
§ 24-0903 of Article 24 of the Environmental Conservation
Law;
(3)
The proposed regulated activity is compatible with
the public health and welfare;
(4)
The proposed regulated activity is reasonable and
necessary; and
(5)
There is no reasonable alternative for the proposed
regulated activity on a site which is not a freshwater wetland or
adjacent area.
C.
The applicant shall have the burden of demonstrating
that the proposed regulated activity will be in accord with the standards
set forth in this section.
D.
Duly filed notice in writing that the state or any
agency or subdivision thereof is in the process of acquiring any freshwater
wetland, which is the subject of any such application for a permit,
by negotiation or condemnation shall constitute sufficient basis for
a denial of any permit.
In the granting of a permit, conditions or limitations
may be imposed, designed to carry out the purposes of this law 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.
A.
In order to carry out the purposes and provisions
of this law, the Council shall have the power to adopt, amend and
repeal rules and regulations consistent with this law 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 City of Troy 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 Council may determine.
B.
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 Mayor 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.
[Amended 9-7-1976]
The Mayor shall, upon the recommendation of
the Council, suspend or revoke any permit issued pursuant to this
law 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 Council 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 Council 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 Council or the Mayor.
Any determination of the Mayor 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, relative to judicial review. The provisions of such
sections shall be applicable to any such review.
