This chapter shall be known as the "Wetlands Law of the Village
of Wesley Hills."
For the purpose of this chapter, "wetlands" are defined as all
lands and waters of the Village of Wesley Hills, including but not
limited to any such lands and waters hereafter designated on the State
Wetlands Map, which have a contiguous area of at least 1/10 of an
acre and which contain any or all of the following:
A. Lands and submerged lands commonly called "marshes," "swamps," "sloughs,"
"bogs" and "flats," whether flooded at all times, flooded only seasonally
or having a water table during at least three consecutive months of
the year within six inches of the ground surface or supporting aquatic
or semiaquatic vegetation of the types listed in § 24-0107,
Subdivision 1(a), of Article 24 of the Environmental Conservation
Law. The common names of these vegetative types are:
(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, willows, black
spruce, swamp white oak, red ash, black ash, silver maple, American
elm and birch.
(2) Wetland 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, buttonbush, bog
rosemary, dogwoods and leatherleaf.
(3) Emergent vegetation, including, among others, cattails, pickerelweed,
bulrushes, arrow arum, arrowheads, reed, wild rice, bur reeds, purple
loosestrife, swamp loosestrife and water plantain.
(4) Rooted, floating-leaved vegetation, including, among others, water
lily, water shield and spatterdock.
(5) Free-floating vegetation, including, among others, duckweed, big
duckweed and watermeal.
(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,
rushes, cattails, rice cut-grass, reed canary grass, swamp loosestrife
and spike rush.
(7) Bog mat vegetation, including, among others, sphagnum mosses, bog
rosemary, leatherleaf, pitcher plant and cranberries.
(8) Submergent vegetation, including, among others, pondweeds, naiads,
bladderworts, wild celery, coontail, water milfoils, muskgrass, stonewort,
water weeds and water smartweed.
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 feet and provided,
further, that such conditions can be expected to persist indefinitely,
barring human intervention.
C. Lands and water substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection
A or by 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 set forth in Subsections
A and
B and the lands underlying Subsection
C.
E. Lands and submerged lands containing poorly drained soils, as defined
by the United States Department of Agriculture, including, but not
limited to, the following:
(1) Poorly
drained glacial till:
|
(25, 27) Sun
|
|
(26) Fredon
|
|
(35) Wallington
|
|
(291) Alden
|
(2) Muck
soils: organic:
|
(101) Carlisle
|
|
(1011) Palms
|
(3) Alluvium
soils:
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(100) Rippowam
|
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(311) Cohoctah
|
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(103) Fluvaquents and humaquepts
|
Except as provided in §
221-5 of this chapter, it shall be unlawful to conduct, directly or indirectly, any of the following activities upon any wetland, water body or watercourse or within 100 feet of the boundary of any wetland, water body or watercourse unless a permit is obtained pursuant to the requirements of this chapter:
A. Any form of draining, dredging, excavation or removal of material,
except removal of debris or refuse.
B. Any form of depositing of any material such as but not limited to
soil, rock, debris, concrete, garbage, chemicals, etc.
C. Erecting any building or structure of any kind, roads, the driving
of pilings or placing of any other obstructions, whether or not they
change the ebb and flow of the water.
D. Installing a septic tank, running a sewer outfall, discharging sewage
treatment effluent or other liquid waste into or so as to drain into
any wetland, water body or watercourse.
E. Any other activity which substantially impairs any of the several functions served by wetlands, water bodies and watercourses or the benefits derived therefrom as set forth in §
221-2 of this chapter.
The following activities are permitted by right within or adjoining
any wetland, water body or watercourse, except where the Planning
Board submits written notification to the property owner that it is
assuming jurisdiction over the activity for the purpose of assuring
that the intent of this section is not violated:
A. The depositing or removal of the natural products of the wetlands,
water bodies or watercourses by recreational or commercial fishing,
agriculture, hunting or trapping where otherwise legally permitted.
B. Outdoor recreation activity that does not materially alter the natural
state of the land or require construction, including use of field
trails for nature study, hiking or horseback riding, swimming, skin
diving and boating, where otherwise legally permitted.
C. Grazing, farming and harvesting of crops where otherwise legally permitted; provided, however, that any tillage of soil shall leave an undisturbed strip not less than six feet wide at the edge of any wetland, watercourse or water body to prevent erosion. With respect to any properties designated on the State Wetlands Map, the activities of farmers and other landowners in grazing and water livestock, making reasonable use of water resources, harvesting natural products of the wetlands, selectively cutting brush and timber, draining land or wetlands for growing agricultural products and otherwise engaging in the use of wetlands or other land for growing agricultural products shall be excluded from regulated activities and shall not require a permit under §
221-4 of this chapter, except that structures not required for the enhancement or maintenance or the agricultural productivity of the land and any filling activities shall not be excluded hereunder, and provided that the use of wetlands, water bodies and watercourses for uses other than those referred to in this subsection shall be subject to the provisions of this chapter. Each farmer or landowner who intends to conduct an activity described in this subsection which would otherwise be regulated shall notify the Planning Board, in writing, of his intention to engage in such activity, stating the approximate acreage to be affected, the general location thereof, the use or uses to be made of such land and the methods to be employed.
D. Gardening where otherwise legally permitted; provided, however, that
any tillage of soil shall leave an undisturbed strip not less than
six feet wide at the edge of any wetland, watercourse or water body
to prevent erosion.
E. Operation and maintenance of such dams, retaining walls, terraces,
sluices, culverts or other water control structures or devices as
legally existed on the effective date of this section.
F. Public health activities as exemplified by orders and regulations
of the Rockland County Department of Health. The Department of Health
shall notify the Planning Board, in writing, of the proposed activity
it will undertake.
G. Any actual and ongoing emergency activity as defined by the Board
of Trustees which is immediately necessary for the protection and
preservation of life or property or the protection or preservation
of natural resource values.
Review of the determination of the Planning Board shall be within
a period of 30 days after the filing thereof, pursuant to the provisions
of Article 78 of the Civil Practice Law and Rules with respect to
the properties designated on the State Wetlands Map or otherwise regulated
by the state.
All applications for a wetlands permit shall be accompanied
by a fee in accordance with the fee schedule adopted by the Board
of Trustees.
Pursuant to Title 23 of Article 71 of the Environmental Conservation
Law, the following penalties shall apply:
A. Civil
sanctions.
(1) Any person who violates, disobeys or disregards any provision of
this chapter shall be liable for a civil penalty not to exceed $11,000
for every such violation. Before assessment of the civil penalty,
the alleged violator shall be afforded a hearing or opportunity to
be heard before the Planning Board upon due notice and with rights
to specification of the charges and representation by counsel.
(2) The Planning Board shall also have the power, following a hearing,
to direct a violator to cease violation of this chapter and, under
the Board's supervision, to satisfactorily restore the affected
freshwater wetland or watercourse to its condition prior to the violation,
insofar as that is possible, within a reasonable time and under the
supervision of the Planning Board.
(3) Any civil penalty or order issued by the Planning Board shall be
reviewable pursuant to Article 78 of the Civil Practice Law and Rules.
B. Criminal sanctions. In addition to the above civil fine, any person
who violates any provision of this chapter or a permit or order issued
pursuant thereto shall be guilty of a violation pursuant to the Penal
Law, punishable by a fine of not less than $2,000 nor more than $4,000
for a first offense. For a second and each subsequent offense, the
violator shall be guilty of a misdemeanor, punishable by a fine of
not less than $4,000 nor more than $7,000 or a term of imprisonment
of not less than 15 days nor more than six months, or both. Each offense
shall be a separate and distinct offense and, in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate
and distinct offense. Instead of these punishments, any offender may
be punishable by being ordered by the court to restore the affected
freshwater wetland to its condition prior to the offense, insofar
as that is possible. The court shall specify a reasonable time for
the completion of such restoration, which restoration shall be affected
under the supervision of the Commissioner of the Department of Environmental
Conservation or of the Village. Each offense shall be a separate and
distinct offense, and, in the case of a continuing offense, each day's
continuance thereof shall be deemed a separate and distinct offense.
C. The Planning Board shall have the right to seek equitable relief
to restrain any violation or threatened violation of any provision
of this chapter.
[Amended 5-14-2002 by L.L. No. 4-2002]
The Mayor, Deputy Mayor, Code Inspector, or Building Inspector
shall issue and post notices of violations of this chapter.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
BUILDING
Any structure having a roof, self-supporting or supported
by columns or walls, which is permanently affixed to the ground, and
intended for the shelter, housing or enclosure of persons, animals
or chattel.
DEPOSIT
To fill, place, eject, discharge or dump any material, but
not including stormwater.
MATERIAL
Soil, stones, sand, gravel, clay, bog, peat, mud, debris
and refuse or any other organic or inorganic substance, whether liquid,
solid or gaseous or any combination thereof.
STATE WETLANDS MAP
The wetlands map prepared by the State of New York pursuant
to Article 24 of the Environmental Conservation Law.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. Included are swimming pools, parking garages and tennis
courts, but not anything requiring only simple paving or surfacing
of the ground, such as parking lots, driveways or sidewalks.
WATER BODIES
Any body of standing water which is not dry more than three
months of the year as computed from the average of the last two consecutive
calendar years and which, when wet, in customarily more than 500 square
feet in water surface area.
WATERCOURSES
Any body of flowing water flowing in an identifiable channel
or course and which is not dry more than three months of the year.
ZONING DISTRICT
A zoning district as specified in Chapter
230, Zoning, of the Code of the Village of Wesley Hills.
ZONING LAW
Chapter
230, Zoning, of the Code of the Village of Wesley Hills.