[Adopted 8-27-1976 as L.L. No. 3-1976]
Pursuant to § 24-0501 of the New York State Freshwater
Wetlands Act (Article 24 of the New York Environmental Conservation
Law), the Town of Smithtown shall fully undertake and exercise its
regulatory authority with regard to activities subject to regulation
under the Act in freshwater wetlands, as shown on the Freshwater Wetlands
Map, as such may from time to time be amended, and filed by the Department
of Environmental Conservation pursuant to the Act, and in all areas
adjacent to any such freshwater wetland up to one hundred (100) feet
from the boundary of such wetland. Such regulatory authority shall
be undertaken and exercised in accordance with all of the procedures,
concepts and definitions set forth in Article 24 of the New York Environmental
Conservation Law and Title 23 of Article 71 of such law relating to
the enforcement of Article 24, as such law may from time to time be
amended, together with any exceptions, additions and modifications
hereto made in accordance with § 24-501, Subdivision 3,
of the New York State Environmental Conservation Law.
This Article, adopted on the date set forth above, shall take
effect upon the filing with the Clerk of the Town of Smithtown of
the final Freshwater Wetlands Map by the New York State Department
of Environmental Conservation pursuant to § 24-0301 of the
Freshwater Wetlands Act applicable to any or all lands within the
Town of Smithtown.
[Adopted 9-7-1976 as L.L. No. 4-1976]
This Article shall be known as the "Freshwater Wetlands Protection
Law of the Town of Smithtown."
It is declared to be the public policy of the Town of Smithtown
to preserve, protect and conserve freshwater wetlands and the benefits
derived therefrom, to prevent the despoliation and destruction of
freshwater wetlands and to regulate the development of such wetlands
in order to secure the natural benefits of freshwater wetlands, consistent
with the general welfare and beneficial economic, social and agricultural
development of the town. It is further declared to be the policy of
the Town of Smithtown to exercise its authority pursuant to Article
24 of the State Environmental Conservation Law.
The following terms, phrases, words and their derivatives shall
have the meanings given herein:
ADJACENT AREA
Any land in the Town of Smithtown immediately adjacent to
a freshwater wetland, lying within one hundred (100) feet, as determined
by the local government, measured horizontally, of the boundary of
a freshwater wetland.
AGENCY
The Town of Smithtown Conservation Board.
[Amended 2-21-1984 by L.L. No. 4-1984]
APPLICANT
Any person who files an application for any permit issued
by the Agency pursuant to this Article, and includes the agent of
the owner or a contract vendee.
BOARD
The Freshwater Wetlands Appeals Board established by Article
24 of the State Environmental Conservation Law.
BOUNDARIES OF A FRESHWATER WETLAND
The outer limit of the vegetation specified in Subsections
A and B of the definition of "freshwater wetlands" and of the waters
specified in Subsection C of such definition.
FRESHWATER WETLANDS
Lands and waters lying within the boundaries of the Town
of Smithtown, as shown on a Freshwater Wetlands Map, which contain
any or all of the following:
A.
Lands and submerged lands commonly called marshes, swamps, slough,
bogs and flats supporting aquatic or semiaquatic vegetation of the
following vegetative types:
(1)
Wetland trees, which depend upon seasonal or permanent flooding
or sufficiently waterlogged soils to give them a competitive advantage
over other trees, including, among others, red maple (Acer rubrum),
willows (Salix species), black spruce (Picea mariana), swamp white
oak (Quercus bicolor), red ash (Fraxinus pennsylvanica), American
elm (Ulmus americana) and larch (Larix laricina).
(2)
Wetlands shrubs, which depend upon seasonal or permanent flooding
or sufficiently waterlogged soils to give them a competitive advantage
over other shrubs, including, among others, alder (Alnus species),
buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla)
and leatherleaf (Chamaedaphne calyculata).
(3)
Emergent vegetation, including, among others, cattails (Typha
species), pickerelweed (Pontederia cordata), bulrushes (Scirpus species),
arrow arum (Peltandra virginica), arrowheads (Sagittaria species),
reed (Phragmites communis), wild rice (Zizania aquatica), bur reeds
(Sparganium species), purple loosestrife (Lythrum salicaria), swamp
loosestrife (Decodon verticillatus) and water plantain (Alisma plantago-aquatica).
(4)
Rooted, floating-leaved vegetation, including, among others,
water lily (Nymphaea odorata), water shield (Brasenia schreberi) and
spatterdock (Nuphar species).
(5)
Free-floating vegetation, including, among others, duckweed
(Lemna species), big duckweed (Spirodela polyrhiza) and watermeal
(Wolffia species).
(6)
Wet meadow vegetation, which depends upon seasonal or permanent
flooding or sufficiently waterlogged soils to give them a competitive
advantage over other open land vegetation, including, among others,
sedges (Carex species), rushes (Juncus species), cattails (Typha species),
rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinaceae),
swamp loosestrife (Decodon verticillatus) and spike rush (Eleocharis
species).
(7)
Bog mat vegetation, including, among others, sphagnum mosses
(Sphagnum species), bog rosemary (Andromeda glaucophylla), leatherleaf
(Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea) and
cranberries (Vaccinium macrocarpon and Vaccinium oxycoccos).
(8)
Submergent vegetation, including, among others, pondweeds (Potamogeton
species), naiads (Naias species), bladderworts (Utricularia species),
wild celery (Vallisneria americana), coontails (Ceratophyllum demersum),
water milfoils (Myriophyllum species), muskgrass (Chara species),
stonewort (Nitella species), waterweeds (Elodea species) and water
smartweeds (Polygonum amphibium).
B.
Lands and submerged lands containing remnants of any vegetation
that is not aquatic or semiaquatic that has died because of wet conditions
over a sufficiently long period, provided that such wet conditions
do not exceed a maximum seasonal water depth of six (6) feet and provided,
further, that such conditions can be expected to persist indefinitely,
barring human intervention.
C.
Lands and waters enclosed by aquatic or semiaquatic vegetation as set forth herein in Subsection
A and dead vegetation as set forth in Subsection
B, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
D.
The waters overlying the areas as set forth in Subsections
A and
B and the lands underlying the areas set forth in Subsection
C.
FRESHWATER WETLANDS MAP
A map on which are indicated the boundaries of any freshwater
wetland and which has been filed with the Clerk of the Town of Smithtown
by the State Department of Environmental Conservation pursuant to
§ 24-0301 of the State Environmental Conservation Law.
PARTY IN INTEREST
The applicant, the Agency, the State Department of Environmental Conservation, each local government in which the regulated activity or any part thereof is located and any person who appears and wishes to be a party in interest at the public hearing held pursuant to §
170-9 of this Article.
PERSON
Any corporation, firm, partnership, association, trust, estate,
one (1) or more individuals and any unit of government or agency or
subdivision thereof.
POLLUTION
The presence in the environment of human-induced conditions
or contaminants in quantities or having characteristics which are
or may be injurious to humans, plants, animals or property.
PROJECT
Any action which may result in direct or indirect physical
impact on a freshwater wetland, including but not limited to any regulated
activity.
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 any soil, stones, 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 or 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; and any other activity which substantially impairs any of the several functions served by freshwater wetlands or the benefits derived therefrom which are set forth in §
170-5 of this Article.
SELECTIVE CUTTING
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 does not involve the total elimination
of one (1) or more particular species of trees.
STATE
The State of New York.
STATE AGENCY
Any state department, bureau, commission, board or other
agency, public authority or public benefit corporation.
SUBDIVISION OF LAND
Any division of land into two (2) or more lots, parcels or
sites, whether adjoining or not, for the purpose of sale, lease, license
or any form of separate ownership or occupancy, including any grading,
road construction, installation of utilities or other improvements
of utilities or other improvements or any other land use and development
preparatory or incidental to any such division, by any person or by
any other person controlled by, under common control with or controlling
such person or by any group of persons acting in concert as part of
a common scheme or plan. "Subdivision of land" shall include any map,
plat or other plan of division of land, whether or not previously
filed. "Subdivision of land" shall not include the lease of land for
hunting and fishing and other open-space recreation uses and shall
not include the division of land by a bona fide gift, devise or inheritance.
TOWN
The Town of Smithtown.
In order to carry out the purpose and provisions of this Article,
the Agency shall have the following powers:
A. To appoint officers, agents and employees, prescribe their duties
and qualifications and fix their compensation.
B. To adopt, amend and repeal, after a public hearing (except in the
case of rules and regulations that relate to the organization or internal
management of the Agency), such rules and regulations, consistent
with this Article, as it deems necessary to administer this Article
and to do any and all things necessary or convenient to carry out
the purpose and policies of this Article.
C. To contract for professional and technical assistance and advice.
D. To hold hearings and subpoena witnesses in the exercise of its powers,
functions and duties provided for by this Article.
This Article shall take effect upon the filing with the Clerk
of the Town of Smithtown of the final Freshwater Wetlands Map of 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 of Smithtown.