The Board of Trustees of the Village of Centre Island has determined
as follows:
A. Freshwater wetlands are invaluable resources for wildlife habitat,
flood protection, erosion control, water quality though nutrient uptake
in plants, sediment storage and surface/floodwater storage. Freshwater
wetlands are an important component of the local ecosystem as a transition
between upland areas and shorelines, open space, groundwater recharge,
nature study, recreation and other benefits associated therewith which,
if preserved and maintained in an undisturbed natural condition, constitute
important assets to present and future residents of the Village.
B. All areas adjacent to freshwater wetlands for a distance of 100 feet
(measured horizontally) from the boundary thereof are essential components
of the freshwater wetlands ecosystem and also act as buffer to reduce
the direct and indirect impacts of adjacent activities upon the freshwater
wetlands, in which case the transition zone functions as a sediment
and stormwater control zone to reduce the impacts of development upon
freshwater wetlands and freshwater wetlands species. Certain activities,
if carried on directly adjacent to wetlands, would tend to degrade
than impair their natural biological and physical functions. The adjacent
area is an ecological transition zone from uplands to freshwater wetlands
that is an integral portion of the freshwater wetland ecosystem, providing
temporary refuge for the freshwater wetlands fauna during high water
episodes and critical habitat for species that are dependent upon
but not resident in freshwater wetlands. The wetland transition zone
serves as an overflow area that may include wetlands over time due
to hydrologic or climatologic effects.
C. Growth and development is placing increasing demands upon natural
resources that may result in the encroachment in the despoiling, pollution
and/or elimination of wetlands and watercourses, with serious consequent
effects upon natural ecosystems and the health, safety and property
of the people of the Village.
D. Adverse effects of development on wetlands, watercourses and areas
thereto can only be prevented through the establishment of preservation,
protection and conservation practices that are therefore essential
to the public health, safety and welfare of the residents of the Village.
The following terms, phases and words and their derivations
shall have the meanings given as follows:
ADJACENT AREA
The area surrounding the freshwater wetland, measured a horizontal
distance of 100 feet from the boundary thereof.
AGRICULTURE
Cultivating and harvesting products, including fish and vegetation,
that are produced naturally in freshwater wetlands and installing
cribs, racks and other in-water structures for cultivating these products
(aquiculture), but does not include filling, dredging, peat mining
or the construction of any buildings or any water-regulating structures
such as dams.
ALTER
Any form of draining, dredging, excavation, removal of soil,
mud, sand, shells, gravel or other aggregate or 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 structure
road or impervious surface; the driving, piling or placing or any
other obstructions, whether or not so as to change the ebb and flow
of water; any form of pollution; and any other activity which, whether
or not it occurs upon the wetland or watercourse itself but is located
not more than 100 feet from the boundary of the wetland or drains
into and impinges upon or otherwise substantially impairs any the
several functions served by the freshwater wetlands or watercourses
or the benefits derived from wetlands which are set forth in the New
York State Environmental Conservation Law or in this chapter.
APPLICANT
Any person who files an application for any permit issued
by the Village pursuant to this chapter and shall include the agent
of the owner or a contract vendee or his agent.
BOARD
The Planning Board of the Village of Centre Island.
BOUNDARY OF WETLAND
The outer limit of the physical feature that constitutes
a wetland resource in terms of vegetation, soils and hydrologic conditions
specified herein in the definition of "freshwater wetland."
CLEAR-CUTTING
Cutting or harvesting of trees over two inches in diameter
at breast height (4.5 feet up from the lowest point where the tree
meets the ground) over an area or stand of trees of one acre or more.
CONTROLLED AREA
Includes all freshwater wetlands, all adjacent areas and
all watercourses.
DITCH
A man-made linear topographic depression with bed and banks
in a previous upland area made to convey water. This does not include
channelized or redirected natural watercourses.
FRESHWATER WETLAND
An area of at least 4,000 square feet that is inundated or
saturated by surface water or groundwater at a frequency and duration
sufficient to support, under normal circumstances, a prevalence of
vegetation typically adapted for life in saturated conditions (called
"hydrophytes;" see definition of "hydrophytic vegetation" herein),
or contains hydric soils. Freshwater wetlands are commonly referred
to as "swamps," "marshes," "bogs" or "vernal pools." Regulated freshwater
wetlands for the purpose of this chapter include water bodies and
watercourses and exclude ditches.
HYDRIC SOIL
A soil that is saturated, flooded or inundated with water
long enough during the growing season to develop anaerobic conditions
in the upper portion of the soil, as set forth in the Federal Manual
of Identifying and Delineating Jurisdictional Wetlands, as amended
or updated.
HYDROPHYTIC VEGETATION
Plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water
content, as set forth in the Federal Manual of Identifying and Delineating
Jurisdictional Wetlands, as amended or updated. Most common hydrophytes
are listed and categorized in Wetlands Plants of the State of New
York, published by the United States Fish and Wildlife Service in
cooperation with the National and Regional Wetlands Plant List Review
Panels, as amended or updated.
MATERIAL
Soil, silt, stones, sand, gravel, rock, clay, bog, peat,
mud, debris, water and refuse or any other organic or inorganic substance,
chemical agent or matter, sewage, sludge or effluent or municipal
or industrial solid waste, whether liquid, solid or gaseous, or any
combination thereof.
PERMIT
That form of Village approval required by this chapter for
carrying on a regulated activity.
PERSON
Any individual, corporation, firm, partnership, company,
association, trust, estate, organization, legal entity of any kind,
public agency, municipal corporation at any level, any unit of federal,
state or local government; or any agency or subdivision thereof, including
any state department, bureau, commission, board or other agency, public
authority or public benefit corporation.
POLLUTION
The presence in the environment of human-induced conditions
or contaminants in quantities or characteristics that are or may be
injurious to humans, plants, animals or property.
PROJECT
Any action resulting in direct or indirect physical impact
on a freshwater wetland, including but not limited to any regulated
activity.
WATER BODY
Any natural surface water element, including ponds, and intermittent
streams, covering an area of at least 5,000 square feet. A water body
may be periodically, seasonally or permanently covered by water. Known
water bodies are indicated on the Village Freshwater Wetland Map.
WATERCOURSE
Any brook, creek, stream, river, rivulet, floodway or other
such waterway flowing in a definite channel.
Activities excluded from regulation under this chapter shall
include the following:
A. The removal of the natural products of wetlands by recreational or
commercial fishing, shell fishing or aquiculture or agriculture, where
otherwise legally permitted.
B. Outdoor recreational activity that does not materially alter the
natural state of the land or require construction, including nature
study, hiking, swimming, and boating, where otherwise legally permitted.
C. Any actual and ongoing emergency activity that is necessary for the
protection of life or property or the protection or preservation of
natural resource values. Such emergency activities include but are
not limited to: search and rescue operations; preventative or remedial
activities related to large scale contamination of streams or other
bodies of water; response to floods, hurricanes and other storms;
fire fighting and public health concerns. Within five days of the
end of any such emergency that involved the undertaking of any activity
under this chapter, the person chiefly responsible for undertaking
such emergency activity shall send a written statement to the Village
setting forth the pertinent facts regarding said emergency, including
an explanation of life, property or resource value which such activity
was designed to protect and preserve.
D. Ordinary maintenance and repair of existing structures or improved
areas including without limitation, lawns which do not involve expansion
or substantial restoration, reconstruction, rehabilitation or modification,
including but not limited to bridges, roads, highways, railroad beds,
bulkheads, docks, piers, pilings or paved streets, and lawn mowing
of preexisting lawns.
E. Trimming, pruning and bracing of trees, decorative landscaping, and
existing plants.
F. Public health activities pursuant to orders from the Nassau County
Department of Health or the New York State Department of Health.
G. Where adjacent areas have been improved with mowed lawn areas prior
to the effective date of this chapter, said areas may continue to
be mown and used as otherwise permitted by law.
The Village Engineer or the Building Inspector will review all
wetlands permit applications, periodically inspect Village wetlands
and permitted projects for unregulated activities and make recommendations
to the Board and any other regulatory agencies of the Village which
also regulate such project.
Decisions on permit applications shall be supported by written
findings and reasons.
Upon request of the applicant and pursuant to approval by the
Board, the Village Engineer may renew a permit for a period of one
year. The fee for a permit renewal will be set by the Board.
The Board may require posting of performance bond or letter
of credit as a condition of approval in such amount as it may determine
to the adequate security. The form and surety or bank will be subject
to acceptance by the Board.
Where the Village Engineer finds that the permittee has not
complied with one or more terms of such permit, has exceeded the authority
granted in the permit or has failed to undertake or complete the project
in the manner set forth in the application, he or she shall suspend
the permit and submit the matter to the Planning Board for appropriate
remedial action including, without limitation, revocation of the permit.
Where the requirements of this chapter impose a different restriction
or requirement than imposed by other sections of the Code of the Village
of Centre Island, the Village Law of the State of New York or other
applicable rules and regulations, the requirements of this chapter
shall prevail.
The invalidity of any word, section, clause, paragraph, sentence,
part or provision of this chapter shall not affect the validity of
any other part of this chapter which can be given effect without such
invalid part or parts.
Any person aggrieved by a decision of the Board made pursuant
to this chapter may appeal to the Village Board of Zoning Appeals
by filing a notice of appeal with the Village Clerk on forms supplied
by the Village, provided such filing is complete within 30 days from
the date the decision appealed from is filed with the Village Clerk.
The standards applied by the Board of Zoning Appeals for review shall
be the standards applied to a use variance under the Village Law of
the State of New York.