[Added 5-12-2011 by L.L.
No. 1-2011][1]
A.
It is the purpose of this "Wetlands and Watercourses Law of the Town
of Washington" to protect the health, safety and welfare of the citizens
of the Town of Washington by preventing despoliation and destruction
of wetlands, water bodies and watercourses, and controlled areas,
collectively referred to herein as "regulated areas," recognizing
their varying ecological, water quality, supply and recreational values.
The Town of Washington hereby regulates activities that may cause
significant adverse effects or environmental impacts to the function
served by regulated areas or the benefits derived therefrom.
B.
It is further the purpose of this article to enact regulations which
will preserve, protect and conserve wetlands, potable water sources
and watercourses and the benefits derived therefrom, prevent the despoliation
and destruction of wetlands, water sources, and watercourses, and
regulate use and development of such areas consistent with the general
welfare and beneficial economic, social and agricultural development
of the Town of Washington through the requirement of permits therefore,
providing for the protection and control of wetlands, water bodies,
potable water sources, and watercourses.
The Town of Washington has reviewed, finds and affirms the following:
A.
The objectives of the Town of Washington Master Plan include protecting
the community's many resources for the future by enhancing the rural
quality of the community and protecting environmentally sensitive
areas and natural resources, waterways, floodplains and wetlands by
establishing guidelines and regulating development within regulated
areas.
B.
The Town of Washington 1987 Master Plan encourages the Town to consider
techniques for protecting the physical attributes of the community.
C.
The guidance of the Federal Water Pollution Control Act (Clean Water
Act)[1] and publication titled the National Wetlands Mitigation
Action Plan (12-26-2002; 11-16-2004) which affirms a federal commitment
to the goal of no net loss of the nation's wetlands.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
D.
The findings of the pertinent literature published by the NYSDEC
and articulated in 6 NYCRR 664.3 that, in their undisturbed and natural
condition, the regulated areas sought to be protected herein serve
beneficial functions, which may include but not be limited to:
(1)
The protection of water resource quantity and quality by preserving
sources of surface water, recharging groundwater and aquifers, serving
as chemical and biological oxidation basins, serving as nutrient traps
for nitrogen and phosphorus, filtering pollutants, and/or functioning
as settling basins for naturally occurring sedimentation.
(2)
Protection of aquifers and water bodies that are, or can, or may
be used in the future for water supply purposes.
(3)
The protection of stream channel and streambank stability thereby
controlling and reducing erosion, flooding and related property damage.
(4)
The control of floodwater and stormwater runoff by the regulation
and storage of natural flows.
(5)
The provision of important nesting, feeding, migratory and wintering
habitat for diverse wildlife species, including many wetland dependent
species listed as "special concern," "threatened," "endangered," and
"rare" by New York State or other government entities, including the
U.S. Fish and Wildlife Service.
(6)
The provision of breeding and spawning grounds, nursery habitat and
food for various species of fish and other wildlife.
(7)
The support of distinctive and less common vegetative associations
specifically adapted for survival in low oxygen environments.
(8)
The provision of areas of unusually high land productivity which
support significant wildlife diversity and help to maintain ecological
integrity.
(9)
The provision of areas throughout the Town of Washington for recreational
uses.
(10)
The provision of outdoor laboratories and living classrooms
for environmental studies.
(11)
The provision of open space and visual relief from residential
and commercial development.
E.
The findings of the NYSDEC-titled Freshwater Wetlands Program, Freshwater
Wetlands Status and Trends, which recognizes that considerable statewide
acreage of these important natural resources sought to be protected
herein has been lost or impaired by the cumulative effects of acts
inconsistent with the natural uses of such areas, and contrary to
public health, safety and welfare.
F.
The findings of the Environmental Law Institute publication entitled
Conservation Thresholds for Land-Use Planners (2003) which determined
that the adjacent buffer areas (i.e., controlled areas) associated
with lakes, ponds, streams and wetlands "provide benefits that are
significant for maintaining the functional integrity and quality of
such resources, and for furnishing protection against adverse impacts
from activities in adjacent areas." Due to the diversity in quality
and functional roles of different wetlands and watercourses, the Town
of Washington has determined that variable wetlands and watercourse
controlled area widths (as defined below) are appropriate to protect
the functional integrity and quality of these resources.
G.
The Town of Washington Town Board has determined, based upon a review
of the aforementioned literature and from observations made in the
Town itself, that further unregulated land development activities
can lead to significant adverse effects or environmental impact to
the functions served by regulated wetland areas or the benefits derived
therefrom, thus posing a threat to the health, safety and general
welfare of the people of the Town of Washington and the surrounding
region.
A.
It is the intent of the Town of Washington to insure that activities
in and adjacent to wetlands, watercourses and water bodies do not
adversely affect the natural environment, or cause significant environmental
degradation or unduly impact the public health, safety and general
welfare.
B.
It is the intent of this article to incorporate the consideration
of wetland, watercourse, and water body protections, including their
controlled areas, into the Town of Washington's land use and development
approval procedures, so as to provide a reasonable balance between
the rights of the individual property owners to the reasonable use
of their property and the rights of present and future generations
in consideration of riparian law. Whenever possible, the review of
an application under this article shall be in conjunction with the
property owner's application for building permit, site plan and/or
subdivision approval.
C.
It is the intent of this article to conserve and protect the regulated
areas described herein pursuant to the general enforcement power vested
in and granted to the Town of Washington to protect the general health,
safety and welfare of the residents of the Town and their property
by the New York State Constitution; the Municipal Home Rule Law; the
Statute of Local Governments and the Town Law, as specifically provided
in Environmental Conservation Law (ECL) § 24-0509, which
recognizes the right of local governments to establish their own procedures
for the protection of regulated areas lying within their jurisdictions
separate from the provisions of the Freshwater Wetlands Act found
in ECL § 24-0501 and the DEC regulations promulgated in
Part 665 of Title 6 of the Official Compilation of Codes, Rules and
Regulations of the State of New York (6 NYCRR 665), provided that
such provisions are at least as protective of the regulated areas
as 6 NYCRR 663 through 664 and regulations promulgated pursuant to
Freshwater Wetlands Act permits ECL § 24-0701 et seq.
D.
It is the intent of this article to locally provide greater protection to wetlands than that provided by federal wetland regulations promulgated by the U.S. Army Corps of Engineers (USACE) in cooperation with the Federal Environmental Protection Agency (EPA) and Fish and Wildlife Service, specifically with regard to establishing a minimum regulated setback area from the delineated wetland boundary where careful review and approval of the proposal by the Town of Washington Planning Board must be completed prior to the commencement of activities as described below in § 165-95, Regulated activities.
E.
It is the intent of this article to exercise concurrent jurisdiction
of those wetlands, watercourses, water bodies, and controlled areas
(i.e., "regulated areas") within the Town of Washington which are
within the jurisdiction of the NYSDEC and/or the USACE.
F.
It is the intent of this article to further the Town's stated goals
and objectives through a mandatory permit review process to reduce
the potential for significant adverse environmental impacts to important
natural resources.
G.
It is the intent of this article to conserve and protect the regulated
areas described herein and be consistent with this objective, to advance
responsible land use and management, development, natural resource
extraction, and other activities conducted in the Town of Washington
in order to avoid the loss or impairment of the natural functions
and values of regulated areas as described herein.
H.
It is the intent of this article to administer the provisions of
this article to ensure administrative efficiency with the Town's land
use development regulatory processes.
As used in this article, the following terms shall have the
meanings indicated:
The employment of land, including for the primary purpose
of obtaining a profit in money, for raising, harvesting, and selling
crops, or feeding, including but not limited to, grazing, breeding,
managing, selling or producing livestock, poultry, fur-bearing animals
or honeybees, or by dairying and the sale of dairy products, by any
other horticulture, floriculture or viticulture, aquaculture, hydroponics,
silviculture, animal husbandry, or by a combination thereof. It also
includes the employment of land, including for the primary purpose
of obtaining a profit, for stabling or training equines, including
but not limited to providing riding lessons, training clinics and
schooling shows, including other on-farm, niche marketing promotions.
Any individual or individuals, firm, partnership, association,
corporation, company, organization, or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof, who has a request for a permit to conduct a regulated activity
or who has an application pending before the Planning Board.
A sum paid by an applicant to accompany an application and
collected by the Town Planning Board in accordance with a Fee Schedule
as shall be established from time to time by resolution of the Town
Board and made available by the office of the Town Clerk and the Building
Inspector.
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,
but does not include filling, dredging, peat mining or construction
of any buildings or any water-regulating structures, such as dams.
The land area immediately adjacent to, and which slopes toward
the bed of, the watercourse and which is necessary to maintain the
integrity of a watercourse.
The process of building up streambanks higher than the surrounding
floodplain elevations to contain water in the channel.
The outer limit of a regulated area characterized by wetland
soils, wetland hydrology, and wetland vegetation as defined under
"wetland/freshwater wetland."
See "controlled area."
Lands that drain into a common water body, watercourse or
wetland.
The process of straightening, widening and excavating gravel
from a watercourse.
For the purposes of this ordinance, the complete cutting
and removing of an entire stand of trees greater than or equal to
four inches diameter at breast height (DBH), over a contiguous area
that is at least 1/4 of an acre in size (10,890 square feet).
A commission comprised of local citizens appointed by the
Town Board to exercise a review function and provide a focal point
in the community on all matters affecting the protection, preservation
and enhancement of the environment.
An area surrounding a wetland or watercourse, also known
as a "buffer" or "regulated setback," that is also subject to the
regulations of this article, determined as follows, all measurements
to be taken on the horizontal plane:
For all wetlands, the controlled area shall be:
For a perennial watercourse or water body, the controlled area
shall be the land area within 100 feet from the top of the bank of
the watercourse or water body. The "top of bank" shall be the mean
high water mark of the watercourse or water body. For an intermittent
watercourse, the controlled area shall be the land area within 50
feet from the top of the bank of the identified channel.
Barriers used to obstruct the flow of water to raise, lower
or maintain the water level in wetlands.
A complete application shall be deemed received by the Planning
Board on the date of the first regular meeting of the Planning Board
following the filing of the complete application and supporting plans
with the Planning Board.
Dutchess County Soil and Water Conservation District.
For purposes of this article, "deposit" shall mean to fill,
place, eject or dump any material deliberately.
The emission of any water, substance or material into a wetland,
watercourse, or controlled area.
To deplete or empty of water by drawing off.
To excavate, move or remove sediment, soil, mud, sand, shells,
gravel, or other aggregate either by hand or machine.
To dig out, move, or remove any material either by hand or
machine.
Any activity which may alter the physical characteristics
of any forested land, including but not limited to any activity involving
or associated with the cutting of trees. The following activities
shall not be considered to be forestry:
Maps and data presented by Geographic Information System
technology.
To adjust the degree or inclination of the contours of the
land, including leveling, smoothing, and other modifications of the
land surface by any means, including filling and excavation
A regulated area that comprises stream, creek, or brook through
which surface water travels on a seasonal basis. For the purpose of
this article, intermittent watercourses are those where water stands
or flows for a total of three months or more in a consecutive twelve-month
period, as determined in the sole discretion of the Wetland Administrator.
[NOTE: Waterways specifically designed and constructed to serve a
stormwater conveyance or treatment function, such as grassy swales,
roadside drainage ditches, and other structures engineered to concentrate
and convey stormwater from development and only retain water for short
duration after a rainstorm or spring snowmelt are not considered intermittent
watercourses.]
See "forestry."
Liquid, solid or gaseous substances, including but not limited
to soil, silt, gravel, rock, sand, clay, peat, mud, debris and refuse;
any organic or inorganic compound, chemical agent or matter, including
sewage, sewage sludge or effluent; and agricultural, industrial or
municipal solid waste.
New York Code of Rules and Regulation.
The New York State Department of Environmental Conservation.
A regulated area that comprises river, stream, creek or brook
through which surface water travels on a continual basis, i.e., at
least nine months out of the year.
That form of Town approval required for the conduct of a
regulated activity within any wetland, watercourse or controlled area.
The person(s) or legal entity in whose name the wetland permit
is issued.
The duly appointed Planning Board of the Town of Washington.
The presence in the environment of human- or animal-induced
conditions or contaminants in quantities or characteristics which
are or may be injurious to human, plant or animal life or property.
Any action resulting in a physical change to existing conditions
on a site, including but not limited to any regulated activity as
defined under this article.
Activities and uses regulated under this article that may
cause identifiable significant adverse effect(s) or environmental
impact(s), as defined herein, to the functions(s) served by the regulated
areas(s) or the benefits(s) derived therefrom, and therefore require
review by and approval from the Town of Washington Planning Board.
Those areas enumerated in this article pursuant to the title,
purpose, finding and intent of this article (i.e., wetlands, watercourses,
water bodies and controlled areas).
See "controlled area."
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or regrade, or the act thereof.
The mowing, weeding, cultivating, planting, and trimming
of vegetation or removal of dead or diseased trees in natural or improved
landscaped areas, except for the use of pesticides, herbicides, and
fertilizers.
An activity that may substantially alter or impair the natural
function(s) or benefit(s) of a regulated area.
Farm operations that are reviewed on a case by case basis
by the Commissioner of Agriculture and Markets to determine if the
agricultural practice conforms with § 308 of the Agriculture
and Markets Law (AML), which provides for this review. The guidelines
for this review state that:
The law pursuant to Article 8 of the New York State Environmental
Conservation Law providing for environmental quality review of actions
which may have a significant effect on the environment.
Anything constructed or erected, the use of which requires
location on or in the ground or attachment to something having location
on the ground. The term includes, but is not limited to, tennis courts
and swimming pools.
See "forestry."
The duly elected Town Board of the Town of Washington.
The duly elected Town Clerk of the Town of Washington.
Any natural or artificial pond, lake, reservoir or other
area which usually or intermittently contains water and which has
a discernible shoreline.
Any natural or artificial, permanent or intermittent, public
or private water body or water segment, such as ponds, lakes, reservoirs,
rivers, streams, brooks, waterways or natural drainage swales, that
is contained within, flows through or borders on the Town of Washington.
Waterways specifically designed and constructed to serve a stormwater
conveyance or treatment function, such as grassy swales, roadside
drainage ditches, and other structures engineered to concentrate and
convey stormwater from development and only retain water for short
duration after a rainstorm or spring snowmelt are not considered watercourses.
As defined by the Corps of Engineers and the EPA, those areas
but that are inundated or saturated by surface water or groundwater
at a frequency or duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. It is recognized that the interaction
of hydrology, vegetation and soils results in the development of characteristics
unique to wetlands, and that in the majority of cases wetland areas
will have all three of these characteristics. For the purposes of
this article, this includes all geographic areas greater than 1/4
acre identified on the Wetlands and Watercourses Maps 5, 5A and 5B,
or as otherwise delineated by the Town Wetland Administrator or a
knowledgeable expert hired by the Town or applicant. Wetlands in the
Town of Washington are generally characterized by any or all of the
following:
Marshes, swamps, bogs, vernal pools, or other areas of water
retention fed by springs or natural drainage systems.
Soil types that are poorly drained or very poorly drained, alluvial
or floodplain soils or potential hydric soils as defined by the Soil
Survey of the United States Department of Agriculture, Natural Resource
Conservation Service, and the Dutchess County Soil and Water Conservation
District, including but not limited to the following:
Lands and submerged lands commonly called "marshes," "swamps,"
"vernal pools," "sloughs," "bogs"; flats supporting aquatic or semiaquatic
vegetation of the following vegetative types:
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 sp.), black spruce (Picea mariana), swamp white oak
(Quercus bicolor), red ash/green ash (Fraxinas pennsylvanica), American
elm (Ulmus americana), and larch (Larix laricina).
Wetland shrubs, which depend upon seasonal or permanent flooding
or sufficiently waterlogged soils to give them a competitive advantage
over shrubs, including, among others, alder (Alnus spp.), button bush
(Cephalanthus occidentalis), bog rosemary (Andromeda polifolia), leatherwood
(Dirca palustris), silky dogwood (Cornus amonum) and redosier dogwood
(C. sericea), large cranberry (Vaccinium macrocarpon) and highbush
blueberry (V. corymbosum), winterberry (Ilex verticillata), red chokeberry
(Aronia arbutifolia), summersweet (Clethra alnifolia), swamp azalea
(Rhododendron viscosum), bush cinquefoil (Potentilla fruticosa), poison
sumac (Rhus vernix), American cranberrybush (Viburnum trilobum) and
wild raisin (V. cassinoides), and leatherleaf (Chamaedaphne calyculata).
Emergent vegetation, including, among others, cattails (Typha
spp.), pickererweed (Pontederia cordata), bulrushes (Sciripus spp.),
arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), reed
(Phragmites australis), wild rice (Zizania aquatica), bur reeds (Sparganium
spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon
verticillatus), water plantain (Alisma spp.), horsetails (Equisetum
spp.), sedges (Carex spp.), rushes (Juncus spp.), marsh marigold (Caltha
palustris), sweetflag (Acorus calamus), regal fern (Osmunda regalis)
and ostrich fern (Matteuccia struthiopteris), and swamp buttercup
(Ranunculus septentrionalis).
Rooted, floating-leaved vegetation, including, among others,
water lily (Nymphaea odorata), water shield (Brasenia schreberi),
hornwort (Ceratophyllum spp.), and water smartweed (Polygonum amphibium).
Free-floating vegetation, including, among others, duckweed
(Lemna spp.) and watermeal (Wolffia spp.).
Wet meadow vegetation, which depend upon seasonal or permanent
flooding or sufficiently waterlogged soils to give them a competitive
advantage over other open land vegetation, including, among others,
sedge (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice
cutgrass (Leersia oryzoides), reed canary grass (Phalaris arundinacea),
swamp loosestrife (Decodon verticillatus), purple loosestrife (Lythrum
salicaria), spike rush (Eleocharis spp.), joe-pye weeds (Eupatorium
spp.), NY ironweed (Vernonia noveboracensis), cardinal flower (Lobelia
cardinalis), gentians (Gentiana spp.), marsh fern (Thelypteris palustris),
false hellebore (Veratrum viride), skunk cabbage (Symplocarpus foelidus),
Jack-in-the-pulpit (Arisaema spp.), Turk's-cap lily (Lilium superbum),
and rough-leaved goldenrod (Solidago patula).
Bog mat vegetation, including, among others, sphagnum moss (Sphagnum
spp.), pitcher plant (Sarracenia purpurea), large cranberry (Vaccinium
macrocarpon) and sundew (Drosera rotundifolia).
Submergent vegetation with most or all of their leaves and stems
below the water surface, including among others, pondweed (Potamogeton
spp.), bladderwort (Utricularia spp.), coontail (Ceratophyllum demersum),
watermilfoil (Myriophyllum spp.), wild celery (Vallisneria americana)
and waterweed (Elodea spp.)
A professional individual who is an expert in wetlands and
who is hired/appointed by the Town of Washington Town Board to work
with the Zoning Administrator, the Planning Board and the Zoning Board
of Appeals of the Town to assist their agents in investigating, advising
and determining the appropriate actions which should take place with
regards to wetlands applications brought before them.
A.
Concurrent with the adoption of this article, the Town of Washington Town Board hereby adopts a map entitled "Zoning Map Series Map No. 5: Streams, Wetlands, Hydric Soils and Floodplains" (the "Wetlands Protection Map"), drawn at a scale of one inch equals 1,000 feet or larger, which identifies the approximate locations of regulated wetlands and watercourses within the Town. It is not assumed that all regulated wetlands, watercourses and water bodies within the Town of Washington are shown on this map, which is to be used as a guide for applicants and administrators. The actual location(s) of a watercourse boundary and the controlled area around the watercourse, and/or a water body and the controlled area around the water body, and/or a wetland boundary and the controlled area around a wetland, are subject to field delineation, in accordance with the definitions and methodologies set forth in this article followed by verification by the Town or its representative. The Planning Board, in consultation with the Conservation Advisory Commission (CAC), and with the advice of such qualified wetlands specialists, biologists, hydrologists, soil scientists, ecologists, botanists, and other experts as deemed necessary by the Planning Board, shall make the final determination regarding the location of all watercourse boundaries, wetland boundaries, and their associated controlled areas pursuant to this article. The cost of such expert assistance, if required, shall be paid for by the applicant for a permit under this article in accordance with the provisions of § 165-105B of this chapter.
B.
The applicant may, at his discretion, request either of two particular
services from the Town or its consultants at a rate to be determined
by the Town Board:
(1)
Wetland determination. For a fee, as set forth on the prevailing
Fee Schedule adopted by resolution of the Town Board, and as such
schedule is modified from time to time by resolution of the Town Board,
the applicant may request that the Wetland Administrator visit a site,
typically prior to filing an application to the Planning Board, to
determine if a site contains wetlands that are regulated by the Town
of Washington. Such a request may be made following a determination
from the Zoning Administrator that, based on the filed Town Wetland
Map, a property is likely to have regulated wetlands. This request
may also be appropriate if a property owner has reason to believe
that a site may contain regulated wetlands that are not shown on the
map. This determination will not result in immediate delineation of
the wetland by the Wetland Administrator, but the visit and subsequent
written report may likely provide valuable guidance to the applicant
in the preparation of Planning Board applications.
(2)
Wetland delineation. The applicant may choose to have site wetlands
delineated by the Town Wetland Administrator, rather than hiring a
private consultant. The applicant will be provided with a written
fee proposal for this service by the Town Wetland Administrator, and
the applicant may choose to accept the proposed fee or hire a private
consultant to complete the delineation.
C.
Said map(s) may be modified by the Town Board so as to correct or
clarify the locations of wetlands or watercourses, to incorporate
additional wetlands or watercourses, to eliminate from the jurisdiction
of this article particular wetlands or watercourses that do not meet
the criteria established in this article, or to incorporate supplementary
maps that correct, clarify, or affirm in detail the area of jurisdiction
of this article.
The following activities are exempt from the permitting requirement
as set forth under this article, provided they shall not cause significant
adverse effect or environmental impact to the regulated areas.
A.
The depositing or removal of the natural products of the wetlands
by recreational fishing, shellfishing, hunting, or trapping where
otherwise legally permitted and regulated.
B.
Agriculture, as defined herein, on lands that are either:
(1)
Located within an established agricultural district adopted by Dutchess
County and certified by the State of New York and qualified under
Dutchess County and NYS law for an agricultural exemption by the Assessor
of the Town of Washington; or
(2)
Land located outside of an established agricultural district but
which is currently receiving an agricultural exemption from the Assessor
of the Town of Washington, except for the following activities which
shall require application to the Planning Board under this article
if proposed to take place within wetlands and their associated buffer
areas:
(a)
Clear-cutting, as defined herein.
(b)
The construction of roads that requires moving of earth or other
aggregate or alters wetlands or watercourses in any way.
(c)
Any filling of a wetland, even by deposit of soil for agricultural
purposes.
(d)
Mining, as defined in 6 NYCRR 663.2.
(e)
The erecting of structures not required to enhance or maintain
the agricultural productivity of the land.
(f)
Draining all or part of a wetland.
(3)
It is expected that exempt agricultural activities will follow sound
agricultural practices, as defined in this article, and not result
in significant adverse impacts to wetlands, watercourses and controlled
areas.
C.
Timber harvesting, logging and/or forestry management pursuant to
an approved management plan under NYSDEC regulations and any applicable
law(s) of the Town of Washington, and administered by a cooperating
consulting forester or a DEC forester, but excluding clear-cutting
as elsewhere defined. Notification of such activities and filing of
the forest management plan with the Zoning Administrator is required
prior to the commencement of such activities. Absent said approved
plan, timber harvesting, as defined in this article, is prohibited
within wetlands and controlled areas without review and approval by
the Planning Board under this article.
D.
Public health activities under orders and regulations of the New
York State Department of Health, provided that copies of all such
public health orders and regulations affecting wetlands have been
filed with the Planning Board and the Zoning Administrator and that
the Planning Board may request modification of such orders if it deems
it necessary to implement this article.
E.
Activities of the Village of Millbrook related to the operation, maintenance and expansion of the Village's public water supply system, provided that the village notify the Town Board, Planning Board and the Zoning Administrator 15 days in advance of such activities if said activities involve otherwise regulated activities (per § 165-95).
F.
Any actual and ongoing emergency activity that is immediately necessary
for protection and preservation of life or property, or preservation
of natural resource values. Such emergency activities include, but
are not limited to, search and rescue operations; preventive or remedial
activities related to contamination of streams or other bodies of
water; withdrawal of water for firefighting purposes; emergency response
to floods, hurricanes and other storms, fires, and other public health
emergencies. Within 30 days of the end of such an emergency involving
any activity which otherwise would be treated as a regulated activity
under this article, the person chiefly responsible for undertaking
such emergency activity shall send a written statement to the Planning
Board setting forth the pertinent facts regarding such emergency,
including an explanation of life, property, or resource values such
activity was designed to protect or preserve. The Planning Board has
the right to request additional information and, further, to require
reasonable mitigation or remediation if reasonable after the cessation
of the emergency.
G.
Ordinary maintenance and repair of existing structures or improved
areas, including but not limited to bridges, roads, driveways, highways,
railroad beds, bulkheads, docks, piers, or pilings, which do not involve
expansion or increasing the size of such structures or improved areas,
the use of pressure-treated wood, or more than routine restoration,
reconstruction, rehabilitation, or modification. In cases of extensive
activities that may fall under this category, it is recommended that
the property owner first consult with the Zoning Administrator or
Wetland Administrator before conducting such activities.
H.
Trimming, pruning, and bracing of trees, decorative landscaping,
including the addition of trees and plants, and incidental removal
of trees and brush, provided that those additions are not of an invasive
or nonnative species (see Appendix D, attached hereto and made part
hereof).
A.
Preexisting lawful activities shall mean land uses and structures
legally established prior to the effective date of this article. In
order to have been legally established a land use activity or structure
shall have been 1) established and documented prior to the effective
date of this article; or 2) shall have been lawfully established in
compliance with Article 24 of the New York State Environmental Conservation
Law.
B.
The provisions of this article shall not apply to preexisting lawful
activities, including uses and structures established prior to the
effective date of this article. In no event shall any preexisting
lawful activity be expanded, changed, enlarged, or altered except
in accordance with the provisions of this article. Should the permit,
license, or approval under which any preexisting lawful use or activity
was established cease or expire or, if any preexisting use or activity
shall cease, then the activity may not be reestablished and the use
of such structure shall not resume except pursuant to a permit issued
under the terms of this article.
C.
With respect to all other uses and structures established prior to
the effective date of this article said uses and structures may continue
as preexisting lawful activities and structures provided:
(1)
A valid preliminary subdivision plat, or site plan, or special permit
has been duly approved by the Planning Board and is valid and in effect
as of the date of this article; or
(2)
A valid building permit and/or certificate of occupancy has been
lawfully issued by the Building Inspector and is valid and in effect
as of the date of this article; or
(3)
A use variance, or area variance, or special permit has been duly
approved by the Zoning Board of Appeals (ZBA) and is valid and in
effect as of the date of this article.
A.
Activities and uses regulated under this article are those that may
cause identifiable significant adverse effect(s) or environmental
impact(s), as defined herein, to the functions(s) served by the regulated
areas(s) or the benefits(s) derived therefrom located in the Town
of Washington. It shall be unlawful for any person without a written
permit issued by the Planning Board to conduct any regulated activity
within a regulated area, as defined in this article, except as herein
provided. In determining whether to issue a permit, the Planning Board
shall use its discretion to make a decision that is rational and supported
by the evidence.
B.
Regulated activities are those set forth in this section which occur
or are proposed to occur within the boundary of a wetland, the boundary
of a watercourse, or within the controlled area of a wetland or watercourse,
independent of whether the wetland or the watercourse or the controlled
area is separated by one or more parcels or municipal boundaries.
Regulated activities under this section shall be as follows:
(1)
Any form of draining, dredging, excavation, removal of soil, mud,
sand, shells, gravel, or other material or aggregate from or within
any regulated area;
(2)
Any form of placing, dumping, filling, or depositing of any soil,
stones, sand, gravel, mud, rubbish, or fill of any kind deliberately
into or on a regulated area(s);
(3)
Erecting any structures, including but not limited to buildings,
whether principal, accessory, or temporary, construction of any road,
driveway, or motor vehicle parking facility, paving, the driving of
pilings, swimming pool drainage systems, constructing wells, or installing
any pipes, service lines, cable conduct or other conduit, or placing
of any other obstructions, whether or not they affect the ebb and
flow of water in or on a regulated area;
(a)
The Zoning Administrator shall have the limited discretion to
exempt the erection of certain structures under 100 square feet, but
only upon a showing that a potential structure will not result in
a negative impact to the beneficial functioning of a wetland, watercourse
or water body. In making this determination, the Zoning Administrator
may consult with the Wetlands Administrator;
(4)
Placing any other obstructions within any regulated area, whether
or not the same affects the ebb and flow of water;
(5)
Altering and/or modifying the natural drainage patterns and/or the
contours of a regulated area by changing, moving or disturbing any
vegetation, soil or other natural material;
(6)
Introducing any influents of high thermal content that may cause
deleterious ecological effects into or on a regulated area;
(7)
Stripping any area of vegetation, including clear-cutting;
(8)
Using or storing chemicals, dyes, fertilizers, including manure,
compost, topsoil, or other organic materials, fuels, herbicides, pesticides,
deicing materials, or similar materials within or on any regulated
area. This provision shall not apply in cases of emergency or in cases
where the public safety may be in jeopardy;
(9)
Installation of a septic tank, septic tank discharge pipe, stormwater
discharge outlet, roof gutter, gray water discharge pipe, or any part
of any stormwater management structure, or any sewer outfall within
a regulated area;
(10)
The discharge of treated or untreated sewage effluent, stormwater
discharge, or any other waste into a regulated area;
(11)
The depositing or removal of the natural products of the wetlands
by commercial fishing or aquaculture.
A.
Any person proposing to conduct or cause to be conducted a regulated
activity within a regulated area shall obtain the approval of the
Planning Board prior to the commencement of the regulated activity.
Applications for permits for regulated activities shall be filed with
the Zoning Administrator. In addition:
(1)
It shall be the responsibility of the Zoning Administrator, upon
receipt of an application for approval of a regulated activity under
this article, to immediately refer the application to the Town's wetland
consultant for assistance in making an initial determination as to
whether the proposed regulated activity is subject to the requirements
of this article; it being the intent that the Zoning Administrator,
after consultation with the Town's wetland consultant, shall at the
earliest possible time determine whether a proposed activity is a
regulated activity as set forth herein.
(2)
It shall be the responsibility of the Building Inspector, upon receipt
of an application for a building permit, to consult with the Zoning
Administrator as to whether one or more of the activities proposed
under a building permit application is a regulated activity as set
forth in this article.
B.
Application procedure; preapplication consultation. It is recommended
that the applicant, prior to filing an application for a permit under
the provisions of this article, consult with the Zoning Administrator
as to the compliance requirements related to wetlands, watercourses
and water bodies, as well as application procedures for the Town of
Washington Planning Board.
C.
Application for a wetlands/watercourse/water body permit. The applicant
shall file with the Zoning Administrator an application, in such form,
in such number, and with such information as the Planning Board shall
prescribe. At a minimum, the following information shall be required:
(1)
The name, address, and telephone number of the applicant.
(2)
Names and addresses of abutting property owners.
(3)
A description of the proposed project as it relates to this article.
(4)
A written explanation of why the proposed activity cannot be located
at another site, i.e., out of the wetland, watercourse, water body
or controlled areas (i.e., alternatives analysis).
(5)
A map showing all wetlands, watercourses, water bodies and controlled areas within 200 feet of the location of the proposed regulated activity, based on areas depicted on the Town Wetlands Protection Map or on a visual inspection. This map is not required to be a formal wetland delineation, but must illustrate the location of the wetlands using a scale. [The Planning Board reserves the right to require land data information for distances of greater than 200 feet based on the Board's assessment of field conditions; see Subsection C(11), below].
(6)
A map at a scale no greater than one inch equals 50 feet and containing contour intervals of five feet or less in the regulated area, showing the area of wetland or watercourse directly or indirectly affected, with the location of the proposed activity thereon. The maps required by Subsection C(5), above, and this subsection may be combined into one map.
(7)
A description of the vegetative cover of the area, including dominant
species.
(8)
A description of the soil types on the site, consistent with the
descriptions provided in the Dutchess County Soil Survey prepared
by the Natural Resources Conservation Service (NRCS).
(9)
A short form environmental assessment form (EAF) under SEQRA. The
Planning Board reserves the right to require the applicant to prepare
a long form EAF after the initial review of an application.
(10)
An application fee in an amount set by the Town Board, and an
application review fee (escrow) in an amount set by the Planning Board.
(11)
Additional information. After an initial review of the information required by Subsection C(1) through (10), above, the Planning Board may require additional information in order to make a determination on the application. When exercising its discretion to request additional information, the Planning Board shall make a brief finding detailing the reasons why the additional information is requested. Additional information may include, but shall not be limited to, a schedule and sequence of proposed activities and the type of equipment to be used, the study of flood, erosion and other hazards at the site, and any other information deemed necessary to evaluate the proposed use in terms of the standards of this article. In addition, the Planning Board may require the following additional information:
(a)
The boundaries of all regulated areas within the applicant's
subject property, as identified and delineated in accordance with
standards set forth in "The Freshwater Wetlands Delineation" prepared
by the NYSDEC Division of Fish and Wildlife and the "Technical Report
Y-87-1 Corps of Engineers Wetlands Delineation Manual," no more than
18 months prior to the date of filing of the application on a topographic
survey of the property and containing notation documenting the field
delineation. Wetlands, water bodies and watercourses as shown must
be delineated in the field by the Wetland Administrator or another
qualified individual knowledgeable about wetlands and water resources.
The Planning Board, with advice from the Wetland Administrator and
the CAC, will make the final decision regarding the accuracy of the
delineation as depicted on the plans. The Planning Board may also,
at its discretion, determine during review that only those areas of
wetland within 200 feet of the proposed disturbance need be delineated,
waiving the requirement that the entire property be delineated for
smaller projects.
(b)
The description of the vegetative cover of the regulated area
shall include the dominant species and their wetland classified status
as referred to in the National List of Plant Species that Occur in
Wetlands, New York or Northeast (Region 1), published by the U.S.
Fish and Wildlife Service, or the most recent edition.
(c)
Groundwater table elevations indicating depth to groundwater,
direction of flow and hydrologic connections with surface water features.
(d)
Location of the construction area and area proposed to be disturbed,
and its relation to property lines, roads, buildings, regulated areas
within a minimum of 200 feet or such other distance as determined
by the Planning Board.
(e)
A wetland functional analysis consistent with the methods described
in "A Rapid Procedure for Assessing Wetland Functional Capacity" by
Dennis W. Magee, 1998.
(f)
Applications affecting the water retention capacity, water flow,
or other drainage characteristics of any wetland, watercourse or water
body may require a statement of the impact of the project on upstream
and downstream areas giving appropriate consideration to flood and
drought levels and the amount of rainfall.
(g)
Where creation of a lake or pond is proposed, details of the
construction of any dams, embankments, outlets or other water-control
devices and an analysis of the wetland hydrologic system, including
seasonal water fluctuation, inflow/outflow calculations and subsurface
soil, geology and groundwater conditions.
(h)
Locations and specifications for any proposal to drain, fill,
grade, dredge and clear vegetation, including areas and quantities
proposed for depositing or removal, the procedures to be used and
dominant species of vegetation to be removed.
(i)
Locations and details of any existing and proposed stormwater
drainage facilities, including any point discharges, artificial inlets,
or other conveyances which would discharge into regulated areas, and
measures proposed to control erosion both during and after the proposed
work including a schedule for installation and maintenance for such
measures.
(j)
An analysis of hydrologic systems located within and connected
to the regulated areas and a narrative to explain how the regulated
areas will be affected by the proposed action, including water retention
capacity, water flow and drainage characteristics. Applications for
projects which may affect the water-retention capacity, water flow,
or other drainage characteristics of any pond, lake, reservoir, natural
drainage system, or wetland may require inclusion of a statement and
numerical calculations of the impact of the project on upstream and
downstream areas, giving appropriate consideration of other than normal
levels of watercourses and amounts of rainfall, specifically the 100-year
storm event.
(k)
The preparation and submission of a mitigation plan that includes
creation, restoration and/or enhancement of wetlands in order to offset
the loss of wetland function that is anticipated as a result of the
proposed action. For wetland creation, the minimum acceptable ratio
of creation to disturbance will be 1.5:1. Plans will be at a level
of detail sufficient to demonstrate that the mitigation plan will
be acceptable for long term mitigation of potential wetland impacts,
and may include an analysis of preconstruction and post-construction
hydrology, planting plan, conservation easements and/or deed restrictions,
maintenance and monitoring agreement and other methods to ensure the
long-term success of the proposal.
(12)
Upon receipt of an application that the Zoning Administrator
determines is complete as to form, he/she shall refer said application
to the Planning Board for review.
(13)
When officially received. An application submitted under this
article shall be deemed received at the next regular meeting of the
Planning Board at which the application is to be considered. An application
shall be placed on the Planning Board agenda only after payment of
the application fee and application review fees and receipt by the
Board of the specified number of copies of the application including
maps and any supporting documentation.
(14)
Planning Board review. Applications for wetland permit approval
must be received by the Planning Board not less than two weeks prior
to the date of the regularly scheduled Planning Board meeting. Following
receipt and initial review of an application, the Planning Board will
refer the application for comments to the CAC. At its discretion,
the Board may also request review by the Wetland Administrator. Initial
comments and recommendations for additional information must be received
by the Board within 30 days of such referrals.
(15)
Following receipt of initial comments and recommendations for
additional information (if provided), the Planning Board will notify
the applicant of any additional information which may be required
to deem the application complete for content. Following receipt of
this additional information as applicable, the Board will determine
the application to be complete for content and commence formal review.
(16)
Public review; public hearing. Within 62 days of receipt of
a complete application, the Planning Board shall hold a public hearing.
Notice of the public hearing shall be published in the official newspapers
at least 10 days prior to the date set for public hearing and shall,
at least 10 days before such hearing, mail notice thereof to the owners
of property within 200 feet of the property that is the subject of
the application. The notice shall state the date, time, place and
subject of the public hearing at which the application will be reviewed.
Such notice shall not be required for adjourned dates. The address
on file in the records of the Receiver of Taxes of the Town of Washington
shall be deemed conclusive as to ownership and the notice shall be
deemed complete when deposited in a properly addressed postpaid envelope
in the United States Mail. The Planning Board may also provide that
the hearing be further advertised in such manner as it deems most
appropriate for full public consideration of the application, including
the prominent placement of one or more signs on the premises that
is the subject of the application notifying interested persons that
an application for a site plan approval is under consideration by
the Board.
(17)
Referral to neighboring municipalities. For a wetland application
under this article involving property located within 500 feet of an
adjacent municipality, notice of any public hearing shall be given
by mail or electronic transmission to the Clerk of the adjacent municipality
not less than 10 days prior to the date of said hearing.
(18)
Agricultural data statement. For activities on agricultural lands other than those listed in § 165-93B, an application for wetland permit approval must also contain an agricultural data statement if any portion of the project is located on property within an agricultural district containing a farm operation or other property with boundaries within 500 feet of a farm operation located in an agricultural district. The agricultural data statement shall contain the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district which contains farm property; and a Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
(19)
Time of decision. Within 62 days of close of the public hearing
and the completion of environmental review under SEQRA, the Planning
Board shall approve, approve with modifications, or disapprove the
wetland permit application. A copy of the Planning Board's decision
shall be filed in the office of the Town Clerk within five days of
the date of such decision and a copy shall be mailed to the applicant.
In acting to approve, with or without modifications, a wetland permit
application, the Planning Board may attach such conditions and safeguards
as it deems necessary to assure that the purpose and intent of these
regulations are complied with. Within 60 days of the date of approval
or approval with modifications, the applicant shall present to the
Planning Board a corrected final wetland plan in reproducible form,
including any modifications required by the Planning Board as a condition
of approval. Upon verification by the Planning Board that the wetland
plan complies with the requirements of the approval, the plan shall
be endorsed by the Planning Board Chairperson and filed with the Planning
Board and the Zoning Administrator. The permittee shall not commence
any site preparation, including but not limited to tree removal, removal
of soil, grading, stockpiling of soil or other construction material,
until the wetland plan has been endorsed by the Planning Board Chairperson.
A.
Standard for approval. An applicant is entitled to a wetland permit
under this article if the proposed regulated activity will not result
in a negative impact to the functioning of a wetland, watercourse,
or water body that has been shown to have a beneficial environmental
function.
B.
In granting a permit, the Planning Board may limit the same and impose
reasonable conditions designed to carry out the purposes of this article
and to meet the standard for approval. The Planning Board may require
a performance bond with security acceptable to the Town in an amount
and with conditions satisfactory to the Planning Board to secure compliance
with the conditions and limitations set forth in the permit. Such
security shall be in the form of a letter of credit, assignment of
a bank account or cash deposit. If a performance bond is required
by the Planning Board, the Town's planning, engineering and/or wetland
consultant shall make a recommendation as to the amount of said performance
bond. Where the Planning Board finds that the mitigation requirements
or conditions of a permit issued by a state or federal agency having
concurrent jurisdiction over a regulated wetland or watercourse satisfy
the requirements of this article, the Board may issue a permit conditioned
on the applicant complying with all of the conditions of such state
or federal permit approval. However, such a determination shall not
be construed as a refusal of jurisdiction by the Board, and the applicant's
failure to comply with all conditions of such state or federal permit
approval shall be deemed a violation of this article.
C.
In reviewing an application for compliance with the aforementioned
standard for approval, the Planning Board, in consultation with the
Wetlands Administrator, CAC and the Zoning Administrator, shall be
guided by the following:
(1)
Considerations. In determining whether to grant, grant with conditions
or deny any permit application, the Planning Board shall consider
whether the application may result in any of the following:
(a)
Potential impacts or changes to the ecology of the wetland,
and the potential for significant adverse impacts to the general environment;
(b)
The potential impact of the project on potable water sources
and watercourses;
(c)
Flood hazards and the significant alteration of drainage patterns
and hydrology;
(d)
The irreversible and irretrievable commitment of natural resources
that would be involved in the proposed activity;
(e)
The availability of practicable and feasible alternatives to
the proposed action that would avoid or minimize potential adverse
impacts to the wetlands', watercourses', or water bodies' natural
capacity to support desirable biological life, prevent flooding, supply
water, control sedimentation, prevent erosion, assimilate wastes,
facilitate drainage and provide recreation and open space;
(f)
The extent to which the exercise of property rights and the
public benefit to be derived from such use may or may not outweigh
or justify the possible degradation of the wetland, watercourse or
water body;
(g)
The proposed mitigation plans that are incorporated in the plan
or action;
(h)
Depositing fill, soil, vegetation or stone in a regulated area,
or other modification of topographic contours;
(i)
Disturbance or destruction of flora and fauna, endangered and
threatened species and significant habitats in a regulated area;
(j)
Influx of sediments or other materials causing increasing water
turbidity and/or substrate aggradations in a regulated area;
(k)
Removal or disturbance of regulated area soils;
(l)
Destabilization of regulated area, channel or bank;
(m)
Reductions and/or increases in regulated area hydrology;
(n)
Interference with the circulation of water within or through
a regulated area;
(o)
Damaging thermal changes and/or nutrient levels in the water
supply within or through a regulated area;
(p)
Introduction of hazardous or toxic pollutants into a regulated
area;
(q)
Alterations to flood flows, flood storage, stormwater, upstream
and downstream channel and bank stability, storm barriers and water
quality of regulated areas;
(r)
Cumulative adverse effect of any proposed or reasonably anticipated
future activities on regulated areas subject to the application;
(s)
A significant adverse impact on the general public health, safety
and welfare;
(t)
Any other fact which the Planning Board deems results in a negative
impact to the functioning of regulated wetland, watercourse or water
body.
D.
No permit approval shall be considered for the proposed regulated
activity by the Planning Board unless and until the applicant has
demonstrated by a preponderance of the evidence, through the submission
of data, analysis and other support, that:
(1)
That there is no reasonable alternative to the proposed regulated
activity, including a reduction in the density, intensity of use,
or scope of the proposed use, or alternative site plan, which would
avoid the significant adverse effect or environmental impact to the
beneficial functioning of a regulated wetland, watercourse or water
body which will result from the activity as proposed.
(2)
That the significant adverse effect(s) or environmental impact(s)
of the proposed regulated activity to the function served by the regulated
area(s) or the benefits derived therefrom, has been minimized to the
maximum extent feasible.
(3)
Consistency with public health and safety as well as any existing
federal, state, county and local comprehensive land use plans and
regulations.
A.
The approved permit form shall bear the following language, which
form shall be signed by the permittee:
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"By this signature the permittee states that he/she has read the general and special conditions of this permit, understands the requirements and limitations of this permit, and agrees to comply with the conditions of this permit and Article IX of Chapter 165, Zoning, of the Town of Washington Code."
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B.
The following general conditions shall be conditions of all wetland
permits issued pursuant to this article.
(2)
The owner/applicant/permittee shall notify the Planning Board and
the Zoning Administrator in writing not less than 72 hours in advance
of the time work is commenced, and shall promptly notify the Planning
Board and the Zoning Administrator in writing of the completion of
work.
(3)
The permitted work shall be subject to inspection by an authorized
representative of the Town of Washington which may order work suspended
if the public interest so requires.
(4)
The Town of Washington reserves the right to suspend or revoke this
permit at any time after due notice when:
(a)
The scope of the project is exceeded or a violation of any condition
of the permit or provision of the law pertinent regulations are found;
(b)
The permit was obtained by misrepresentation or failure to disclose
relevant facts; or
(c)
Newly discovered information or significant physical changes are
discovered.
(5)
The permittee is responsible for keeping the permit active by requesting
renewal from the Planning Board, including any forms, fees or supplemental
information that may be required by the Planning Board, not less than
30 days prior to the expiration of the permit.
(6)
The permit shall not be construed as conveying to the applicant any
right to trespass upon private lands or interfere with the riparian
rights of others in order to perform the permitted work or as authorizing
the impairment of any right, title or interest in real or personal
property held or vested in a person not party to this permit.
(7)
The permittee is responsible for obtaining any other permits, approvals,
easements and rights-of-way which may be required from any other governmental
agency or private person, including the New York State DEC and the
US Army Corps of Engineers, and the permittee shall be responsible
for filing a copy of said permits with the Town of Washington Planning
Board. The granting of this permit does not relieve the applicant
of the responsibility of obtaining any other permission, consent or
approval from any other federal, state, regional, or local government
agency or department, which may be required.
(8)
Any modification of this permit is subject to prior approval of by
the Planning Board and confirmation of such modification shall be
in the form of a written resolution.
(9)
All necessary precautions shall be taken to preclude contamination
of any wetland or waterway by suspended solids, sediment, fuels, solvents,
lubricants, epoxy coating, paints, concrete, leachate or other environmentally
deleterious materials associated with the project.
(10)
All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or his agent as
part of the permit application.
(11)
All sediment and erosion control measures depicted on the approved
plans shall be installed prior to commencement of the approved work
and shall be continuously maintained during the term of the project.
The sediment and erosion control measures shall be replaced as necessary
or as directed by the Planning Board or its authorized representative.
A.
All permits issued pursuant to this article shall expire upon completion
of the activities specified and, unless otherwise indicated, shall
be valid for a period of one year from the date of issue. No original
permit granted pursuant to this article shall be valid for a period
longer than three years from the date of issue. The approval authority
may extend the time in which the activities specified in the permit
must be completed if, in its opinion, such extension is warranted
by the particular circumstances thereof for not to exceed two additional
periods of 90 days each. A request for extension shall be made in
writing to the approval authority at least 30 days prior to the expiration
date of the original permit or the first ninety-day extension.
B.
Should a permittee fail to complete the activities specified in the
permit prior to the expiration of the second ninety-day extension,
the original permit shall become null and void and a new permit must
be applied for. The request for a new permit shall follow the same
form and procedure as the original application except that the Planning
Board shall have the option to waive the public hearing if the original
intent of the permit is not altered or extended in a significant way.
C.
Notice of change of ownership of the parcel covered by the permit
must be filed with the Zoning Administrator no later than 30 days
following the transfer of title or prior to the expiration date of
the permit, whichever is earlier. Failure to comply with this notice
procedure will invalidate the permit. The expiration date for the
permit will remain the same, and the provisions for extension of the
permit will still apply. The new property owner must sign the permit
acknowledging all requirements, conditions and obligations required
by the permit before work can commence or continue. This shall be
a condition attached to all permits issued under this article.
A.
This article shall be enforced by the Zoning Administrator or his
or her designee.
B.
The Town Board or, with Town Board approval, the Zoning Administrator
or other proper official is specifically empowered to seek injunctive
relief restraining any violation, threatened violation or breach of
any permit condition under the provisions of this article, and/or
to compel the restoration of the affected regulated area to its condition
prior to the violation, or breach of any permit condition. If the
Town is successful in obtaining preliminary and/or permanent injunctive
relief, it shall be entitled to an award by the court of its reasonable
attorneys' fees.
Any person convicted of having violated or disobeyed any provision
of this article, or any condition attached by the approval authority
in a permit granted pursuant to this chapter shall, for the first
offense, be punishable by a fine of not less than $1,000. For each
subsequent offense, such person shall be punishable by a fine of not
less than $2,000 or more than $15,000, and/or imprisonment of not
more than 15 days. Each consecutive day of the violation shall be
considered a separate offense.
No permit granted pursuant to this chapter shall remove an applicant's
obligation to also comply in all respects with the applicable provisions
of any other federal, state or local laws or regulations, including
but not limited to, the acquisition of any other permit or approval.
