[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor 6-9-2015 by L.L.
No. 10-2015. Amendments noted where applicable.]
A.
The Board of Trustees of the Incorporated Village of Sag Harbor finds
and declares it to be the public policy of the Village to protect
and conserve its wetlands and the benefits derived therefrom. It is
the further policy of this Board to achieve no overall net loss of
the Village's remaining wetlands and to restore and create wetlands
and buffers, where prudent and necessary, to offset losses and increase
the quantity and quality of the Village's wetland resource base.
B.
To achieve these goals, the Village of Sag Harbor shall, by way of
this chapter, seek to avoid or minimize damage to wetlands to the
maximum extent possible by establishing local land-use controls which
place a priority on the protection of natural vegetation and the preservation
of wetland buffer zones. Buffer zones are critical in protecting the
integrity of wetlands from potentially harmful effects, intercepting
pollutants migrating toward wetlands and providing essential wildlife
habitat.
C.
It is the further intent of the Village that this chapter be part
of a comprehensive approach to managing the water resources of the
Village by integrating wetland protection with other programs and
local laws already adopted by the Village. This program shall also
include addressing the major causes of surface and groundwater degradation
through stormwater abatement and wastewater disposal controls; stronger
coastal land use planning and zoning; local waterfront revitalization;
and wetlands stewardship.
D.
The provisions of this chapter are therefore designed to preserve
and maintain these natural resources by minimizing their disturbance.
Such protection will benefit the Village and its people in many ways,
among which are the following:
(1)
The protection of wetlands, watercourses, tidal waters, and marine
habitat from damage caused by pollution, turbidity, siltation, or
direct destruction, thereby protecting stocks of fish, shellfish,
and other marine organisms, as well as the wildlife and vegetation
which depend upon these resources for their survival.
(2)
The protection of the quality of tidal and fresh waters, through
the preservation of natural filtration areas, natural vegetative buffers,
and recharge sites.
(3)
The lessening of danger to life and property caused by coastal flooding
and storms and rising sea levels.
(4)
The preservation of coastal habitat needed to sustain rare or threatened
coastal birds, as well as fragile coastal vegetative communities.
(5)
The preservation of the Village's beaches, bluffs, wetlands,
marshes, and other coastal resources, which together are integral
to the character of the Village of Sag Harbor and to its social and
economic well-being.
A.
The wetlands of the Village of Sag Harbor are indispensable and fragile
natural resources which are immensely important to both the environmental
and economic health of the Village. The complex variety of wetland
habitats, ranging from small wet depressions, marshes, swamps, bays,
creeks and ponds, sustain a multitude of natural functions and values,
making them essential to maintaining the ecology and biodiversity
of the region.
B.
Coastal lands and waters provide year-round enjoyment for residents
and visitors alike, and are especially favored by those who enjoy
fishing, boating, hunting, bird watching, sightseeing and swimming.
Opportunities are also available for those seeking solitude in and
inspiration from the scenic quality, panoramic vistas and natural
beauty of Sag Harbor's wetlands.
C.
Wetlands play crucial roles in improving and maintaining the quality
of our surface and groundwater, by filtering out harmful chemicals,
pesticides, heavy metals, bacteria, septic and organic wastes and
excess nutrients, such as nitrogen and phosphorous, which otherwise
can result in over enrichment of both fresh and marine waters and
be toxic to aquatic life, causing fish kills, algal blooms, closure
of shellfish areas and loss of vegetative plans such as eelgrass.
Groundwater often feed and interface with wetlands, thus land use
regulations that protect groundwater will have a beneficial effect
on the wetlands ecosystems of the Village.
D.
Coastal marshlands and floodplain areas also provide important flood
and storm damage protection for our shore and waterfront areas by
reducing the impact of storm tides and waves. Wetlands and the adjacent
coastal lands provide a buffer between the upland and developed areas
during periods of storm surge and coastal flooding. Accordingly, the
placement of fill and changing the topography of these near-shore
and floodplain areas is discouraged and the maintenance and/or restoration
of indigenous vegetative buffers are encouraged.
E.
Many of the Village's wetlands have been affected or impaired
by clearing, filling, excavating, building, bulkheading, drainage,
pollution and other actions. Water quality degradation can cause declines
in commercial and recreational fin and shellfish catches, prohibitions
on harvest and the loss of biological productivity in coastal habitats.
Brown and rust tides continue to threaten our bays. Available information
about the brown tide phenomenon emphasizes the need for a policy of
comprehensive protection of bays through surrounding land use controls.
F.
Naturally vegetated upland buffers play a critical role in the protection
of the environmental quality of adjoining wetlands and surface waters.
Even in coastal areas where shoreline structures (bulkheads, revetments,
etc.) have been constructed, the management of the adjacent upland
is critically important to reduce the potential for negative impacts
of development to the coastal shore. The maintenance of existing naturally
vegetated areas, along with the re-establishment of buffers in currently
disturbed areas using native coastal plants, provides important values
for environmental protection. These include but are not limited to
the following: providing an area for the absorption of stormwater
within flood-prone areas; providing protection to the wildlife habitat
values of the adjacent wetlands and surface waters; reducing the potential
impacts to wetlands of the application of lawn care/management chemicals;
and reducing runoff and providing an area of biofiltration, aiding
in the removal of contaminants contained within surface runoff and
providing for the absorption of kinetic wave forces which reduces
erosion damage during storms and high water events.
G.
Development activities along the waterfront of the Village of Sag
Harbor have increased in recent years, with the construction of larger
homes and accessory structures which, without proper controls, have
the potential to threaten the quality and function of the Village's
wetlands.
H.
The Village of Sag Harbor Local Waterfront Revitalization Program
identifies important land and water use policies aimed at protecting
the economic, environmental, aesthetic and cultural characteristics
of the Village, and acts as a guide to regulating development in a
manner that will promote beneficial use of and prevent adverse effects
on the Village's coastal resources.
I.
Light pollution into the night sky can affect the Village's
aesthetic resources along the shoreline, and can interfere with marine
navigation within the bays and harbors that surround the Village.
Development activities should minimize to as great an extent possible
the introduction of lighting on docks and along the shoreline, and
where deemed necessary, fixtures should be installed using dark-skies
compliant technology.
As used in this chapter, the following terms shall have the
meanings indicated:
The Harbor Committee shall be the approving authority pursuant
to this chapter.
A bank or cliff with a precipitous or steeply sloped face
lying landward of the beach or body of water and having a bluff line
at least two feet higher than its base or toe. A bluff may extend
across all or part of a parcel.
The natural land contour running along the top of a bluff
beyond which to landward the natural land contours resume a gradual
slope.
The landward limit of wetlands as specified in the definitions
of "brackish wetlands," "freshwater wetlands" and "tidal wetlands"
below.
The distance between a wetland boundary and the closest permissible
location to such boundary for a regulated activity, as established
by the Approving Authority.
Every structure sited in or under any body of water, or on
or near any shoreline, wetland, beach, or bluff adjacent thereto,
which is designed to reduce or prevent erosion of the shoreline or
the silting or filling in of a natural or dredged harbor or channel.
This definition shall be deemed to include all groins, jetties, seawalls,
revetments, bulkheads, breakwaters, gabions, and riprap, as well as
any other man-made fabrication or device, including one made of geotextile
tubes or sandbags, which is designed to reduce or prevent erosion.
The cumulative area in square feet of every story of a building
measured from interior wall to interior wall, excluding stairways,
cellars (used for storage only) and areas used solely for mechanical
equipment.
Disturbed or artificial upland vegetative communities such
as mowed lawn, mowed lawn with trees and ornamental tree or shrub
landscapes, and vegetable or flower gardens that are created and maintained
by human activities to such a degree that the physical structure of
the substrate or species composition are substantially different from
the substrate and composition of a naturally vegetated site.
An alternative which is both available to the applicant and capable of fulfilling the overall purpose of the project. "Available and capable of being done" means the alternative is obtainable and feasible, in terms of reasonable costs, existing technology and best available measures (i.e., most up-to-date technology or the best designs, measures or engineering practices that have been developed or are commercially available), proposed use and project purpose. "Project purposes" shall be defined generally (e.g., construction of a single-family home). The purpose of evaluating practicable alternatives shall be to locate activities in compliance with the setback requirements prescribed herein to as great a degree possible so that impacts to the wetland are avoided to the maximum extent practicable. Where compliance to the setbacks prescribed herein cannot be met, the practicable alternative analysis may reduce the scale of the activity (including but not limited to a reduction in the size of a proposed structure), consistent with the project purpose, proposed use and permit issuance standards set forth in Chapter 285.
A customary, usual and normal activity to restore the sound
and good state of a structure, and the routine maintenance necessary
from time to time to keep a structure in a state of good repair, including
interior and exterior renovations which do not increase the gross
floor area or size of the existing structure. "Repair" does not include
demolition and reconstruction.
Anything constructed or erected on or under the ground or
upon another structure or building, including but not limited to buildings,
driveways, walkways, decks, patios (regardless of the method of construction),
parking areas (whether or not surfaced or improved), fences, walls,
retaining walls, berms, tennis and other playing courts, light fixtures,
swimming pools, hot tubs, sewage disposal and drainage devices, bulkheads,
revetments, jetties, docks, piers and any other improvement, fabrication,
impervious surface or other construction, whether or not intended
to be temporary, seasonal, or permanent.
Includes tidal, freshwater and brackish wetlands as follows:
Lands and submerged lands commonly called "brackish or intermediate
marshes" which occur along coastal rivers, streams, creeks, bays,
lagoons and coves where fresh and salt water mix, and which frequently
form a transition zone or very narrow band between tidal and coastal
fresh marshes. The vegetation of these marshes is highly varied due
to the broad range of salinities characteristic of this coastal wetland
type and often forms a continuum characterized by a gradual intermixing
of tidal and fresh marsh plants. These lands and waters can occur
at some distance inland from tidal watercourses and tidally flooded
salt marshes and are commonly dominated by aquatic or semiaquatic
vegetation of the following types, which depend upon intermittent
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other species:
Emergent vegetation, including, among others, bulrush (Scirpus
robustus), three square (Scirpus americanus), big cordgrass (Spartina
cynosuroides), salt meadow grass (Spartina patens), spike grass (Distichlis
spicata), purple loosestrife (Lythrum salicaria), soft-stemmed bulrush
(Scirpus validus), spike rushes (Eleocharis spp.), water hemp (Acnida
cannabina), Mock Bishop weed (Ptilimnium capillaceum), rose mallow
(Hibiscus moscheutos), seashore mallow (Kosteletzkya virginica), and
common reed (Phragmites spp.), provided that such common reed is underlain
by bog, peat, hydric or saturated soils, or is inundated by brackish
surface waters. Field indicators of wetland hydrology or inundation
shall include, among others, visual observation of inundation, visual
observation of soil saturation within 24 inches of the soil surface,
water marks (e.g., silt or pollen lines), drift lines (e.g., deposits
of waterborne debris), sediment deposits (e.g., sediment that settled
out of standing water on plant bases or objects on the ground), staining
or matting of soils, leaves or vegetation, drainage patterns in wetlands
(e.g., braided channels in wetlands, scouring of debris, evidence
of sheet flow), and local soil survey data (e.g., typical water table
depths, durations, and soil series mapped in the county). Field indicators
of bog, peat, hydric or saturated soils shall include characteristic
hydric soil profiles, horizons, composition, color, texture, odor,
moisture, taxonomy, and/or soil surveys.
Brackish meadow vegetation, including, among others, sensitive
fern (Onoclea sensibilis), halberd-leaved tearthumb (Polygonum arifolium),
impatiens (Impatiens capensis), American germander (Teucrium canadense),
marsh fern (Thelypteris palustris), soft-stemmed bulrush (Scirpus
americanus), purple loosestrife (Lythrum salicaria), bristly foxtail
(Setaria geniculata), purple gerardia (Agalinis purpurea) and slender
goldenrod (Solidago tenuifolia).
Scrub-shrub vegetation or woody vegetation typically less than
six meters (20 feet) tall, including shrubs, young trees and trees
or shrubs that are small or stunted because of environmental conditions,
including, among others, groundsel-tree (Baccharis halimifolia), swamp
rose (Rosa palustris), arrowwood (Viburnum dentatum), American elder
(Sambucus canadensis) and black gum (Nyssa sylvatica).
Lands and submerged lands commonly called "marshes," "swamps,"
"sloughs," "bogs" and "flats" supporting aquatic or semiaquatic vegetation
of the following types, which depend upon seasonal or permanent flooding
or sufficiently waterlogged soils to give them a competitive advantage
over other species:
Wetland trees, including, among others, red maple (Acer rubrum),
willows (Salix spp.), black tupelo (Nyssa sylvatica), swamp white
oak (Quercus bicolor), Atlantic white cedar (Chamaecyparis thyoides),
white ash (Fraxinus americana), blue beech (Carpinus caroliniana)
and American elm (Ulmus americana);
Wetland shrubs, including, among others, alder (Alnus spp.),
buttonbush (Cephalanthus occidentalis), highbush blueberry (Vaccinium
corymbosum), sweet pepperbush (Clethra alnifolia), arrowwood (Viburnum
recognitum, V. dentatum), winterberry (Ilex verticillata), dogwoods
(Cornus spp.), inkberry (Ilex glabra) and leatherleaf (Chamaedaphne
calyculata);
Woodland herbaceous groundcovers and ferns, including, among
others, skunk cabbage (Symplocarpus foetidus), Canada mayflower (Maianthemum
canadense), cinnamon fern (Osmunda cinnamomea), sensitive fern (Onoclea
sensibilis), royal fern (Osmunda regalis), marsh fern (Dryopteris
thelypteris) and jack-in-the-pulpit (Arisaema triphyllum);
Emergent vegetation, including, among others, cattails (Typha
spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.),
wildrice (Zizania aquatica), bur-reeds (Sparganium spp.), purple loosestrife
(Lythrum salicaria), swamp loosetrife (Decodon verticillatus), water
plantain (Alisma plantago-aquatica) and common reed (Phragmites spp.),
provided that such common reed is underlain by bog, peat, hydric or
saturated soils or is inundated by fresh surface waters. Field indicators
of wetland hydrology or inundation shall include, among others, visual
observation of inundation, visual observation of soil saturation within
24 inches of the soil surface, water marks (e.g., silt or pollen lines),
drift lines (e.g., deposits of water-borne debris), sediment deposits
(e.g., sediment that settled out of standing water on plant bases
or objects on the ground), staining or matting of soils, leaves or
vegetation, drainage patterns in wetlands (e.g., braided channels
in wetlands, scouring of debris, evidence of sheet flow), and local
soil survey data (e.g., typical water table depths, durations, and
soil series mapped in the county). Field indicators of bog, peat,
hydric or saturated soils shall include characteristic hydric soil
profiles, horizons, composition, color, texture, odor, moisture, taxonomy,
and/or soil surveys.
Rooted floating-leaved vegetation, including, among others,
waterlily (Nymphaea odorata), water shield (Brasenia schreberi) and
spatterdock (Nuphar spp.);
Free-floating vegetation, including, among others, duckweed
(Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia
spp.);
Wet meadow vegetation, including, among others, sedges (Carex
spp.), rushes (Juncus oryzoides), reed canary grass (Phalaris arundinacea),
swamp loosestrife (Decodon verticillatus), spikerush (Eleocharis spp.),
joe pyeweed (Eupatorium purpureum) and boneset (Eupatorium perfoliatum);
Bog mat vegetation, including, among others, sphagnum mosses
(Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leather leaf
(Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea) and
cranberries (Vaccinium macrocarpon and V. oxycoccos); and
Submergent vegetation, including, among others, pondweeds (Potamogeton
spp.), naiads (Najas spp.), bladderworts (Utricularia spp.), wild
celery (Vallisneria americana), coontail (Ceratophyllum demersum),
water milfoils (Nitella spp.), water weeds (Elodea spp.) and water
smartweed (Poly gonum amphibium).
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, and provided further that such conditions
can be expected to persist indefinitely, barring human intervention;
Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection B(1) of this definition, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation; and
TIDAL WETLANDSAll lands lying in the area inundated by tidal action and/or peak lunar tides exhibiting salt marsh peat and saline or brackish soils at their undisturbed surface; all estuaries, tidal fresh marshes, salt meadow, tidal flats and littoral zones; and all lands which are dominated by one or more of the following plant species or associations: salt marsh cord grass (Spartina alterniflora), salt marsh hay (Spartina patens), spike-grass (Distichlis spicata), black grass (Juncus gerardi), saltwater cordgrass (Spartina alerniflora), saltwort (Salsola kali), glasswort (Salicornia spp.), sea lavender (Limonium carolinanus), salt marsh bulrush or chairmaker's rush (Scirpus spp.), sand spurry (Spergularia marina), groundsel bush (Baccharis halimifolia), high tide bush or marsh elder (Iva frutescens), spikerush (Eleocharis spp.), bent grass (Agrotis spp.), sea blite (Suaeda spp.), umbrella sedges (Fimbrisylis spp.), Rose-mallow (Hibiscus moscheutos), narrow-leaf cattail (Typha angustifolia), arrow-grass (Triglochin maritimum), pickerel weed, (Pontederia cordata), blue flag (Iris versicolor), softstem bulrush (Scirpus validus), tussock sedge (Carex stricta) and common reed (Phragmites spp.), provided that such common reed is underlain by bog, peat, hydric or saturated soils or is inundated by tidal waters. Field indicators of wetland hydrology or inundation shall include, among others, visual observation of inundation, visual observation of soil saturation within 24 inches of the soil surface, water marks (e.g., silt or pollen lines), drift lines (e.g., deposits of water-borne debris), sediment deposits (e.g., sediment that settled out of standing water on plant bases or objects on the ground), staining or matting of soils, leaves or vegetation, drainage patterns in wetlands (e.g., braided channels in wetlands, scouring of debris, evidence of sheet flow), and local soil survey data (e.g., typical water table depths, durations, and soil series mapped in the county). Field indicators of bog, peat, hydric or saturated soils shall include characteristic hydric soil profiles, horizons, composition, color, texture, odor, moisture, taxonomy, and/or soil surveys.
A.
This chapter shall apply to all regulated lands within the Village
of Sag Harbor except for the following:
(1)
Lands separated from wetlands by a paved road surface which borders
the entire street side property line, provided that such road was
paved prior to the effective date of this chapter, that no direct
means of drainage from such lands to the wetland exists (e.g., a culvert
or drainage pipe), and further that any existing or proposed wastewater
disposal system complies with the setback requirements of this chapter.
B.
This chapter shall apply to all regulated activities within the Village
of Sag Harbor except for the following:
(1)
Repair of a structure, excluding erosion control structures.
(2)
Planting, seeding, cultivating or maintaining, without the use of
fertilizers, a disturbed area in agricultural use or horticulturally
improved on the effective date of this chapter.
(3)
Activities for which, as of the effective date of this chapter, a
valid, unexpired wetlands permit has been issued pursuant to the former
Chapter 285.
The Approving Authority with respect to any application submitted
under this chapter shall be the Harbor Committee.
No person shall undertake any of the following activities or
make any of the following improvements without first obtaining approval
from the Approving Authority pursuant to this chapter.
A.
Wetlands, waters and beaches.
(1)
Fill in or near. Place or deposit or permit to be placed or deposited
debris, fill, sand, gravel or any material, including structures,
into or upon or within 150 feet of any boundary of any wetland, watercourse,
tidal water or beach.
(2)
Clear or dredge in or near. Clear, dig, dredge or in any other way
add to, alter or remove any material, including natural products,
from or within 150 feet of any boundary of any wetland, watercourse,
tidal water or beach.
(3)
Construct in or near. Erect, construct, reconstruct, enlarge or alter
any structure, including but not limited to any groin, bulkhead, dock,
residence, accessory structure, road or other improvement whatsoever,
in, on or under or within 150 feet of any boundary of any wetland,
watercourse, tidal water or beach.
(4)
Site new disposal systems or storage facilities in or near, including
voluntary upgrades, but excluding emergency repairs. Build, create
or install any new cesspool, septic tank, leaching field or other
in-ground sewage or other waste disposal or storage system, including
any pipe, conduit or other part thereof, or any aboveground or in-ground
holding tank for any liquid other than water and thereafter maintain,
operate or make use of the same in, upon or under or within 150 feet
of any boundary of any wetland, watercourse, tidal water or beach.
Emergency repairs include the minimum work necessary to repair or
replace the failed element of a sanitary system and do not include
replacement or substantial restoration of the system.
A.
The Approving Authority shall provide an application form setting forth the information and documentation required to be submitted by an applicant for a wetlands permit. A full environmental assessment form pursuant to the State Environmental Quality Review Act (SEQRA) shall accompany each application considered to be a Type I or unlisted action pursuant to SEQRA. Applications shall be submitted to the Approving Authority. No application shall be considered complete until the Approving Authority has received the report of the Village's Environmental Consultant under § 285-8, and the required fee under § 285-12 has been paid. Every application shall comply with the provisions of Chapter 275 (Waterfront Consistency Review) of the Sag Harbor Village Code.
B.
An application shall include, but not be limited to, the following
information:
(1)
The name, address and phone number of the applicant, his/her surveyor
and the applicant's agent and/or attorney, if any, and whether
the applicant is the owner, lessee or a contract vendee of that parcel.
An agent or attorney filing an application on behalf of an applicant
shall be required to file an affidavit stating that consent of all
owners has been obtained for that agent or attorney to act in their
behalf.
(2)
The subdivision name, subdivision lot number, the zoning district,
the Suffolk County Tax Map number and the Village-designated property
number, the parcel's location in any zoning overlay districts
and the size of the parcel.
(3)
List whether any rights-of-way, easements, restrictive covenants
or any other encumbrances exist on the parcel, and include the legal
instrument creating said encumbrance.
(4)
List whether any wetlands permits have been issued by the Village
under Chapter 53A[1] and/or Chapter 285 of Code of the Village of Sag Harbor, and, if so, give the date the permit was issued and the name of the applicant.
[1]
Editor's Note: "Chapter 53A" refers to the version of
this chapter included in the Village's 1968 Compilation.
(5)
List whether a wetlands permit or letter of nonjurisdiction has been
obtained for the proposed project from the New York State Department
of Environmental Conservation, and, if so, provide a copy of permit
along with approved plans.
(6)
List the predominant soil types on the parcel; describe the drainage
characteristics of the property and the depth to groundwater on the
parcel.
(7)
List whether the property contains any species of plant and/or animal
life listed as rare, threatened or endangered by the United States
of America, the State of New York or the New York State Heritage Program,
and, if so, list the species and its status.
(8)
List the dimensions, square footage, type of each proposed structure
and the setback to all wetland boundaries and property lines for each
proposed structure.
(9)
List the type and square feet or acres of vegetation and soil types,
if any, to be cleared or removed.
(10)
List separately the amount of fill to be deposited on site for
a septic system and for the rest of the proposed project.
(11)
List the anticipated water usage per day.
(12)
List whether the application requires the issuance of federal,
state or other local government approval and/or permits.
(13)
A deed and/or title report demonstrating ownership of the subject
parcel, plus any covenants or restrictions affecting development of
the parcel.
(14)
A disclosure affidavit from all owners of the property.
C.
Plot plan. The applicant shall provide 10 blueprint copies of a plot
plan based upon an up-to-date guaranteed survey giving a detailed
layout of the lot or parcel, drawn to scale, and which clearly shows:
(1)
All property lines with directional bearings and distances, the parcel's
relationship to adjoining premises and public streets, and lot area.
(2)
The nature, size and location of any wetlands as flagged or verified
in the field.
(3)
Existing topography of the site at two-foot contour intervals as
referred to the 1988 NAVD datum along with any proposed changes to
such contours along with fill calculations.
(4)
The boundary line of mean high water where the parcel bounds on tidal
waters, and water depth contours, if appropriate.
(5)
The location of all known easements, roads, trails, rights-of-way
and utilities on, over or immediately adjacent to the parcel.
(6)
The zoning district or districts and any zoning overlay districts
in which the subject property is located, the Suffolk County Tax Map
number, a directional arrow indicating North and the lot area.
(7)
The flood zone boundary lines and elevation requirements as designated
by FEMA.
(8)
The location of all existing and proposed buildings, structures,
improvements, driveways and parking areas, the number of stories for
each structure, with setback dimensions to each structure from all
property lines and wetlands. The closest point from any wetland should
be clearly marked depicting setbacks in linear feet. The existing
and proposed edge of clearing shall also be shown on the survey with
setback dimensions from wetlands similarly depicted.
(9)
Location of existing and proposed wells and septic systems, and the
location of adjacent wells and septic systems within 150 feet of the
subject property.
(10)
The location of existing and proposed drainage control structures
demonstrating that a minimum storage capacity of two inches is provided
for all impervious surfaces.
(11)
The location and type of lighting on the coastal waterfront
portion of the property.
D.
Nothing herein shall prevent the Approving Authority from requiring
an applicant to submit information the Approving Authority deems necessary
to render a decision on the application during the Approving Authority's
review of an application.
A.
Upon receipt of an application pursuant to this chapter, the Approving
Authority shall refer the same to the Village's Environmental
Consultant for review and an advisory report.
B.
Upon receipt of the Village Environmental Consultant's report
containing a recommendation that the matter be scheduled for a public
hearing, the Approving Authority shall schedule a public hearing on
an application submitted pursuant to this chapter.
C.
The Approving Authority shall give notice of a public hearing as
follows:
(1)
By causing notice of such hearing to be published in the official
Village newspaper and one additional newspaper of general circulation
at least 10 days prior to the date set for such hearing.
(2)
By requiring the applicant to erect a white sign or signs with black
lettering, measuring not less than two feet long and one-foot wide,
which shall be prominently displayed on the premises facing each public
street on which the property abuts, giving notice of the date, time
and place where the public hearing will be held. The sign shall not
be set back more than 10 feet from the street line and shall not be
less than two or more than six feet above the grade at the street
line. The sign shall be made of durable material and shall be furnished
by the Approving Authority. It shall be displayed for a period of
not less than 10 days immediately preceding the public hearing date.
No additional posting shall be required for any adjournment date.
The applicant shall file an affidavit that he has complied with the
provisions of this section.
(3)
By requiring the applicant to mail a copy of the public notice, with
the written notice of the date, time and place of the hearing, together
with a copy of the application and survey submitted to the Approving
Authority, by certified mail, return receipt requested, to every property
owner, as shown on the current Village of Sag Harbor assessment rolls,
of parcels abutting the property which is the subject of the application,
proof of which shall be submitted to the Approving Authority on or
before the commencement of the public hearing in the form of an affidavit
with postal receipts annexed thereto confirming mailing of said notices
at least 10 days prior to the hearing date.
D.
Within 60 days of the close of any public hearing, the Approving Authority shall render a decision to approve, approve with modifications or conditions or deny the issuance of a permit for the proposed activity, unless extended for good cause. The Approving Authority shall also set the term of any permit issued pursuant to its decision, in accordance with the provisions of § 285-10.
E.
As a condition of approval, and particularly when imposing less than
the required setbacks, the Approving Authority may require covenants,
easements, performance/maintenance bonds or other similar documents
to assure that the provisions of this chapter are adhered to.
F.
The Approving Authority may waive the public hearing and notice requirements of Village Code § 285-8B and C for applicants seeking a wetland permit for the sole purpose of building, creating or installing an innovative and alternative on-site wastewater treatment system as defined in § 92-21A of Chapter 92, Building Construction, of the Village Code. Within 60 days of the Approving Authority's determination to waive the public hearing and notice requirements, the Approving Authority shall render a written decision to approve, approve with modifications or conditions or deny the issuance of a permit, unless extended for good cause. The Approving Authority shall also set the term of any permit issued pursuant to its decision, in accordance with the provisions of § 285-10.
[Added 6-9-2020 by L.L. No. 4-2020]
A.
Permits shall delineate a specific buffer zone from the wetlands
boundary for activities regulated by this chapter. The Approving Authority
shall, to the maximum extent practicable, impose a minimum buffer
zone of 50 feet for turf, fertilizers, pesticides, herbicides, fungicides
or similar treatments, landscaping or other clearing or disturbance
of natural vegetation, 75 feet for structures and expansions thereto,
and 100 feet for wastewater disposal and/or sanitary systems. The
Approving Authority is authorized to impose greater buffer zones only
where there is an affirmative showing on the record that the imposition
of the minimum buffer zone would be insufficient, due to site-specific
features, to protect and preserve the wetlands. In those instances
where natural/native buffer zones do not exist (e.g., where there
are areas of lawn and landscaping near wetlands) the Approving Authority
may, as a condition of the approval, require the restoration of such
areas to natural/native buffer zones.
B.
Along with the provisions of § 285-9A, C and D herein, in granting, denying or limiting any permit application, the Harbor Committee shall consider whether the proposed project is consistent with the objectives set forth in this chapter, any public comments timely received, and whether the proposed activity will:
(1)
Adversely affect water quality or marine life in wetland or natural
vegetation areas.
(2)
Maintain, or establish where not currently present, a natural buffer
zone along the upland edge of the wetlands to the maximum extent practicable.
(3)
Provide adequate setbacks for development away from wetlands to protect
wetlands systems, water quality and enhance natural coastal characteristics.
(4)
Materially contribute to erosion, turbidity or siltation. No activity
or structure should weaken or undermine the shoreline or lateral support
of other properties in the vicinity.
(5)
Maximize setbacks for new construction in proximity to erosionprone
and erosion-sensitive areas. The activity must employ minimum structural
measures to control shoreline erosion.
(6)
Minimize the visual impact of site development and provide sufficient
visual buffering.
(7)
Conform to the natural topography of the site to minimize the loss
of natural vegetation, disturbance of soils, and minimize alteration
to existing floodplain characteristics.
(8)
Minimize areas of fertilizer-dependent vegetation in order to reduce
nitrogen and chemical loading to wetlands, and reduce potential use
of herbicides and pesticides.
(9)
Prevent impacts associated with stormwater runoff during or after
site development, including any direct discharge of stormwater from
the site onto wetlands or onto adjacent properties, and to employ
structural and nonstructural measures to contain stormwater on site,
and limit hard structures which promote runoff and impervious structures.
(10)
Minimize light pollution from on-site sources.
C.
No wetlands permit shall be issued unless the applicant demonstrates
and the Approving Authority finds that the following standards have
been met:
(2)
The maximum practicable buffer zone, sufficient to protect and preserve the wetland (as required by Subsection A above), has been established for all activities regulated by this chapter.
(3)
All reasonable mitigation measures have been taken to ensure that
wetlands or their benefits will not be adversely affected.
(4)
All fill within the floodplain has been minimized to as great an
extent practicable.
(5)
The proposed project will not diminish any wetland in size or quality,
unless the Approving Authority finds that the proposed activity is
water-dependent or requires access to the wetland as a central element
of its basic function and will result in the minimum possible alteration
or impairment of the wetland or, if the proposed activity is not water-dependent,
that there is no practicable alternative.
D.
For projects that do not satisfy the standards enumerated in this
section, the Approving Authority shall consider imposing less than
the recommended setbacks if, after evaluation of documentation submitted
by the applicant, the Approving Authority finds that the following
requirements have been met:
(1)
If the Approving Authority determines that the applicant has demonstrated that there are no practicable alternatives which meet the standards set forth in § 285-9A. Practicable alternatives that meet the standards set forth in § 285-9A are presumed to be available unless the applicant clearly demonstrates otherwise.
(2)
The Approving Authority shall require the applicant to submit information
to demonstrate that the work proposed cannot be accomplished at an
alternative site location or configuration in sufficient detail necessary
to allow for a determination by the Approving Authority. The level
of detail shall be commensurate with the scope of the project and
the practicability of alternatives.
(3)
The Approving Authority shall require the applicant to demonstrate in sufficient detail that the proposed work and location would have a less adverse environmental impact than any practicable alternative that meets the standards set forth in § 285-9A in order for it to be approved. Practicable alternatives that meet the standards set forth in § 285-9A are presumed to have less adverse impacts on the wetlands than projects that don't meet such standards, unless the applicant clearly demonstrates otherwise.
(4)
The Approving Authority may consider imposing less than the recommended
setbacks if the Approving Authority determines that the applicant
has demonstrated the following:
(a)
A buffer zone with an overall average width equivalent to the minimum required buffer zones set forth in § 285-9A, for turf, fertilizers, pesticides, herbicides, fungicides or similar treatments, landscaping or other clearing or disturbance of natural vegetation will provide equivalent protection of the wetland, or that partial relief of the minimum buffer requirements is both reasonable and sufficient to justify a lesser overall average buffer zone for such activities.
(b)
The proposed work and location will not impair the capacity
of the wetland and buffer to provide essential wildlife habitat characteristics,
including, among others, food, shelter, breeding, cover, screening
and migratory habitat, as well as essential corridors and connective
functions.
(c)
The proposed work and location will not impair wetlands and
surface water quality by incorporating erosion, sedimentation and
runoff controls to minimize nonpoint source pollution.
(d)
Mitigating measures shall be implemented that contribute to
the protection and enhancement of wetlands and wetland benefits.
E.
Additional standards for specific uses. In addition to the standards
enumerated above, the Approving Authority shall consider the following
additional criteria.
(1)
Bluffs. Due to the presence of coastal bluffs and escarpments within
the Village of Sag Harbor and the importance of maintaining their
stability, the Approving Authority shall require a fifty-foot setback
for any/all structures from the topographic crest of any bluff, subject
to the submission of affirmative data and/or technical information
demonstrating that:
(a)
There is no long-term erosion of the current bluff features
and that historical records demonstrate stability of the bluff and
shoreline at the project site.
(b)
The construction proposed will not directly, nor indirectly,
cause or exacerbate erosion, nor will there be an effect on the stability
of the bluff.
(c)
Drainage control either exists or will be provided to prevent
surface water runoff from flowing over the top of the bluff.
(d)
Subsurface drainage control structures will be installed to
control a minimum of two-inch storage capacity for all impervious
surfaces.
(e)
There are no subsurface discharges on the property that affect
the stability of the bluff.
(f)
A fifty-foot wide naturally vegetated buffer zone will be provided
landward of the crest of the bluff.
(g)
The area seaward of the crest of the bluff shall be maintained
in a naturally vegetated state.
(h)
Components of all wastewater disposal/discharge systems (for
both sanitary waste and stormwater runoff) shall be located a minimum
of 100 feet from the topographic crest of the bluff.
(i)
Beach access walkways and stairways (maximum of four feet wide)
shall be allowed to traverse the bluff to gain access to the shore.
Construction shall be undertaken in a manner so as to minimize disturbance
to existing bluff vegetation.
(2)
Erosion control structures. No wetlands permit shall be issued for
the construction, placement, installation, repair, reconstruction,
replacement, or alteration of an erosion control structure unless
the application for such permit satisfies the following requirements:
(a)
If the application involves a new erosion control structure,
the applicant shall demonstrate that erosion control on the project
site cannot adequately be accomplished by means of a coastal restoration
project, as defined herein, with periodic renourishment or renewal
of sand or other materials.
(b)
Additionally, if the application involves a new erosion control
structure the applicant shall demonstrate that:
[1]
The erosion control structure is immediately necessary to prevent
the loss or destruction of a principal building or structure on the
applicant's lot, or to prevent severe damage to such building
or structure;
[2]
The threatened loss, destruction, or severe damage to a principal
building or structure cannot reasonably be prevented by some alternative
means, such as relocating the building or structure or undertaking
a coastal restoration project, as defined herein; and
[3]
The erosion control structure is of the minimum size, design,
and physical extent needed to prevent the threatened loss, destruction,
or severe damage.
(c)
The construction, installation, or other work proposed for the
erosion control structure, as well as future repair, maintenance,
or restoration of the same, shall not:
[1]
Interfere with the littoral transport of sand or other sediment,
so as to cause substantial damage to or a measurable increase in erosion
of the project site or downdrift beaches, dunes, bluffs, or shoreline.
[2]
Cause the loss of identified habitat for important wildlife
or native vegetation, including marine life and marine habitat.
[3]
Exacerbate flood damage by generating floodborne flotsam.
[4]
The erosion control structure shall be designed and constructed
according to generally accepted engineering principles.
[5]
All materials used in the erosion control structure shall be
nontoxic, durable, and capable of withstanding the icing, weathering,
inundation, wave impact, and other meteorological and hydrographic
conditions to which they will be exposed.
[6]
The application shall include a long-term program for the repair,
maintenance, or restoration of the structure. That program must include
standards for the normal maintenance or replacement of degradable
materials and the replacement of sand and vegetative cover. The Approving
Authority may require the filing of an appropriate legal instrument
against the subject property at the Office of the Suffolk County Clerk
which shall require the applicant and all future owners of the property
to follow the long-term program for the repair, maintenance, or restoration
of the structure.
(3)
Docks. No dock, pier, wharf, or similar structure (hereafter, "dock")
may be authorized unless the dock complies with the following standards
or limitations:
(a)
If the property in question is already improved with a lawfully
preexisting fixed dock, a wetlands permit may authorize the reconstruction
of that dock or its replacement with a new fixed dock, provided that
sufficient evidence is submitted to provide that the dock is lawfully
preexisting.
(b)
If the property in question is not already improved with a lawfully
preexisting dock, the only type of dock which may be authorized must
meet the following requirements:
[1]
The dock shall be designed and sited so that, with the exception
of the pilings, no part of the dock (including any catwalk and any
ramp between a catwalk and the remainder of the dock) will contact
the bottomland during a normal low tide;
[2]
The dock shall be the minimum length necessary to reach a point
where the water depth at the seaward terminus of the dock (inclusive
of any catwalk) is 30 inches at mean low water.
[3]
A catwalk shall provide, in appropriate circumstances, for passage
by the public along the beach or foreshore by means of steps or a
ramp.
(c)
In considering whether to issue a permit for a dock, the Approving
Authority shall consider whether the dock will have any of the following
harmful effects:
[1]
Whether the dock and any proposed lighting thereof will impair
navigation;
[2]
Whether the dock will unduly interfere with the public use of
waterways for swimming, boating, fishing, shellfishing, waterskiing,
and the like;
[3]
Whether the dock will unduly interfere with transit by the public
along the public beaches or foreshore;
[4]
Whether the dock will significantly impair the use or value
of waterfront property adjacent to or near the dock;
[5]
Whether the dock will cause degradation of surface water quality;
[6]
Whether the dock will result in the destruction of beds of eel
grass (Zostera marina) or shellfish;
[7]
Whether the dock will unduly restrict tidal flow or water circulation;
and
[8]
Whether the dock will despoil views from public parklands or
roadways.
F.
CCA and other treated wood. No wetlands permit shall allow the use
of wood which has been treated with copper chromated arsenate (CCA),
ammoniacal copper quat (ACQ), or creosote unless it can be shown that
no reasonable alternative material will serve the purpose for which
the CCA-, ACQ-, or creosote-treated wood is intended to be used. In
determining whether no reasonable alternative to the proposed wood
exists, the Approving Authority shall take into account the cost of
alternative materials, their suitability for the intended use (e.g.,
structural stability), and any environmental benefit to using alternative
materials.
G.
Lighting shall be minimized on docks and in wetlands buffers so as
to protect wetlands life, prevent light pollution from obscuring waterway
navigational lighting which is a safety hazard, and maintain the natural
beauty of the nighttime waterfront in compliance with dark skies provisions.
The term of any wetlands permit issued under this chapter shall
be set by the Approving Authority for a definite period of not less
than one year nor more than three years. The expiration date shall
be clearly stated on the face of the permit.
A.
Upon written request filed at least 30 days prior to the expiration
date of a permit issued pursuant to this chapter, the applicant shall
be entitled to apply for modification of the existing permit, if the
Approving Authority finds that there has been no change in the natural
or physical conditions or characteristics of the project site which
would warrant reconsideration of the permit and if the proposed modifications
will not result in any new adverse impacts to the wetlands.
B.
Modifications to permits issued pursuant to this chapter may, at
the discretion of the Approving Authority, be approved after review,
provided that such modifications do not require extending greater
setback relief than what had been considered in the originally issue
permit.
C.
A transfer of a permit shall be granted upon request by a new property
owner.
D.
The Approving Authority may suspend or revoke a permit where it finds
that the work being performed exceeds the scope of the application
for which the permit was granted or there is a violation of one of
the conditions of the permit.
A.
The Board of Trustees of the Village shall require an application
fee for all permit applications as well as a permit or license fee
for any operations or uses permitted pursuant to this chapter. Such
fees shall be set by resolution of the Board of Trustees of the Village
and may be amended on an as-needed basis by further resolution.
B.
The applicant shall also pay the reasonable engineering review and
environmental consultant fees of the Village Engineer and environmental
consultant for services rendered to the Village in reviewing the applicant's
submissions and rendering advice with respect to the proposed subdivision.
C.
The fee schedule set by the Board of Trustees, and the fees of the
Village Engineer, planning and/or environmental consultant, shall
be kept in the office of the Village Clerk and the Building Inspector.
D.
No permit shall be issued until all fees have been paid pursuant
to this section.
A.
Administrative sanctions.
(1)
Any person found violating any provision of this chapter or the conditions
imposed by the Approving Authority and/or the Building Inspector may
be served with a written notice by the Building Inspector requiring
the activity be stopped and the appearance of such person at a hearing
before the Board of Trustees of the Village. Such written notice shall
be served at least 10 days prior to the hearing date by personal service
or by registered or certified mail. The notice shall contain a specification
of charges. No work shall resume until the Board of Trustees of the
Village has determined that a violation does not exist.
(2)
Following such hearing, the Board of Trustees of the Village, upon
the recommendation of the Building Inspector, shall have the power
to assess a civil penalty not to exceed $3,000 for every such violation.
In addition, the Board of Trustees of the Village shall have the power
to direct the violator to satisfactorily restore the affected wetland
to its condition prior to the violation, insofar as that is possible
within a reasonable time and under the supervision of the Building
Inspector.
(3)
Any civil penalty or order issued by the Village shall be reviewable
pursuant to the Civil Practice Law and Rules.
B.
Criminal sanctions.
(1)
Any person who violates any provision of this chapter or the conditions
imposed by the Approving Authority, upon an approved permit, shall,
in addition, for the first offense, be guilty of a violation punishable
by a fine of not more than $500 and for a second and each subsequent
offense be guilty of a misdemeanor punishable by a fine of not more
than $1,000 or a term of imprisonment of not more than six months,
or both.
(2)
In lieu of or in addition to these punishments, any offender may
be ordered by the court to restore the affected wetland to its condition
prior to the offense. The court shall specify a reasonable time for
the completion of such restoration, which shall be effected under
the supervision of a representative of the Village.
(3)
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.
Equitable relief. The Village of Sag Harbor shall have the right
to seek equitable relief to restrain any violation or threatened violation
of any of the provisions of this chapter.
D.
No building permits shall be issued unless all violations and penalties
are resolved.
E.
No certificates of occupancy shall be issued unless all violations
and penalties are resolved, and unless the conditions of all previously
issued permits have been complied with.
The decision of the Approving Authority to approve or deny a
wetlands permit shall be considered the final decision of the Approving
Authority and the Village. Any person aggrieved by the issuance, denial,
suspension or revocation of a permit or by a civil penalty imposed
under this chapter may seek relief pursuant to Article 78 of the Civil
Practice Law and Rules of the State of New York. Such proceedings
shall be instituted within 30 days after the filing of a decision
by the Approving Authority in the office of the Village Clerk.
