[HISTORY: Adopted by the Board of Trustees of the Village of Asharoken 6-7-1971
as L.L. No. 2-1971. Section 64-3A(8) and B added and §§ 64-4,
64-5 and 64-8 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art I. Other amendments noted where applicable.]
[Amended 2-2-1981 by L.L. No. 3-1981]
A.
Except as provided in Subsection C hereof, no earth, stone, sand, mud, asphalt or other material, including materials for bulkheads, revetments and/or impounding or similar structures, either temporary or permanent, shall be moved, deposited, dredged, removed or excavated from or on any land, wetland or underwater land within the jurisdiction of the village unless a permit shall first have been obtained from the Board of Trustees as hereinafter provided.
[Amended 10-2-1995 by L.L. No. 2-1995]
B.
WETLAND
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
Includes land generally covered or intermittently covered to a depth
of six feet or less with fresh, brackish or salt water, including but not
limited to thatch meadows, salt marshes, salt meadows, marshes, swamps and
bogs.
C.
Except for any unimproved parcels of land located in
Residence Districts A and B on the Official Zoning Map of the Village of Asharoken.[1] no permit shall be required under this section in the following
cases:
(1)
If the total amount of such materials to be moved, deposited,
dredged, removed or excavated is less than one cubic yard.
(2)
If the total amount of such material to be moved is less
than 10 cubic yards, provided that such work is done either at least 20 feet
above mean sea level or at least 100 feet from the mean high-water mark of
all neighboring bodies of water and at least 20 feet from any wetland.
(3)
For the excavation of the basement or slab of a building
or for the filling in of land for which a building permit has been duly issued,
provided that the plans submitted to the Superintendent of Buildings in the
application for such permit shall include the details of such excavation.
(4)
For the repair or improvement of an existing road or
driveway.
(5)
For any work done by the village for public purposes.
[1]
Editor's Note: Said map is on file in the office of the Village Clerk.
[Amended 6-4-1990 by L.L. No. 2-1990]
A.
Before commencing any such work described in § 64-1; the owner or lessee of the premises or his authorized representative shall apply for a permit at the office of the Village Clerk. The application shall contain such information and shall be accompanied by such of the following or other data and in such form as may reasonably be required:
[Amended 5-26-1994 by L.L. No. 1-1994]
(1)
A complete description of the proposed work.
(2)
The location and dimensions of the affected premises.
(3)
The present topography of the affected and neighboring
premises and the topography which will exist after the proposed work has been
completed.
(4)
Distances of the proposed work from the boundaries of
the premises, from buildings on the premises and on all adjoining premises,
from the mean high-water mark of all neighboring bodies of water, from any
wetland and from adjoining public streets, as shown on a topographical map
and/or survey prepared by a licensed surveyor.
(5)
The total cubic yards of material to be moved.
(6)
The effect of the proposed work on the ecology of the
area.
(7)
The method to be employed and the length of time required
for the performance of such work.
(8)
Proof of Department of Environmental Conservation and
other required approvals.
B.
The development of freshwater wetlands may be affected
by Article 24 of the Environmental Conservation Law.
[Amended 6-4-1990 by L.L. No. 2-1990]
Upon receipt of such application in proper from, the Village Clerk shall deliver it to the Chairman of the Village Board for Conservation of the Environment, which Board shall submit its recommendations, thereon, based upon the standards set forth in § 64-6, to the Board of Trustees at its next meeting, or if such application be submitted to the Village Clerk less than 10 days prior to the next Board of Trustees meeting, at not later than the next succeeding meeting. If further information is needed from the applicant in order for the Board to make its recommendations, the Chairman shall request it from the applicant directly. The application shall be processed as promptly as possible by the Board.
[Amended 6-4-1990 by L.L. No. 2-1990]
Upon receipt of the recommendations of the Conservation Board and after consideration of such recommendations, the standards set forth in § 64-6 and other applicable local, state and federal laws, the Board of Trustees shall determine whether such permit should be issued. If the Board deems it advisable, it may call a public hearing upon such application with such notice by publication or otherwise and to such neighboring property owners as it deems appropriate. The applicant shall pay for the cost of any publication. Such permit, if issued, may be conditioned upon the installation of bulkheads or otherwise conditional or of limited duration and may be revoked at any time if the work appears to be in violation of this chapter.
No permit shall be issued if the proposed work or the results thereof
are likely to have any of the following effects:
A.
Expose the village streets or other property of the village
or that of its inhabitants or any part of such property to action of high
water, wind or waves which may in any way endanger such property.
B.
Expose such property or any part thereof to harm from
the process of moving material involved in such proposed work.
C.
Encroach upon the existing mean high-water mark of any
body of water, unless such work constitutes the restoration of upland approved
by the Board of Trustees.
D.
Adversely affect the watercourses and wetlands of the
village and lands abutting thereof.
E.
Adversely affect the protection and enhancement of the
physical and visual environment of the village.
F.
Adversely affect the fish, shellfish, wildlife or other
natural resources within the village.
G.
Adversely affect the health, safety, ecology or general
welfare of the village or its inhabitants.
A.
Nothing in this chapter shall be deemed to allow or permit
any commercial activity other than agriculture within the village or any excavation,
moving, depositing or removal of natural material for commercial purposes
or for the sale thereof, and the same is forbidden, except as may be approved
pursuant to the Village Zoning Ordinance[1] and to this chapter.
[1]
Editor's Note: See Ch. 135, Zoning.
B.
No person shall deposit any fill other than clean fill
or any land in the village, and any such clean fill so deposited shall be
leveled within a period of 10 days or, if deposited while construction or
alteration of a walk, driveway, building or other structure on such land is
actually in process, then prior to the completion thereof.
[Amended 6-4-1990 by L.L. No. 2-1990]
Any violation of this chapter or any part thereof shall be punishable
by a fine of not exceeding $250 for each offense. Each day that a violation
continues shall be deemed a separate offense.
Appropriate actions or proceedings may be taken at law or in equity
to prevent unlawful moving, depositing, removing, excavating or construction
regulated by this chapter or to restrain, correct or abate a violation thereof;
and these remedies shall be in addition to the penalties prescribed in the
preceding section.
