[Added 10-13-1989 by L.L. No. 12-1989; amended 3-9-1990 by L.L. No. 4-1990; 7-24-1990 by L.L. No. 10-1990[1]]
[1]
Editor's Note: Section 5 of this local law
provided as follows: "This local law shall be effective upon the filing
hereof with the Secretary of the State of the State of New York, with
regard to areas not now regulated by the State of New York under Article
24 of the Environmental Conservation Law. With regard to areas now
regulated by the State of New York under Article 24 of the Environmental
Conservation Law, this local law shall become effective when this
local law and the Village's technical and administrative capability
have been certified by the Department of Environmental Conservation
and upon filing of the Official Freshwater Wetland Map for Suffolk
County by the Commissioner of the New York State Department of Environmental
Conservation; and authority has been so delegated by order of the
Commissioner."
As used in this chapter, the following terms
shall have the meanings indicated:
A person who files an application for a permit under this
chapter who is either the owner of the land on which the proposed
regulated activity would be located, a contract vendee, a lessee of
the land or the authorized agent of any such person.
The Zoning Board of Appeals of the Village of Southampton or the Town Trustees as specified in § 116-19.3D herein.
Cultivating and harvesting products, including fish and vegetation,
that are produced naturally in wetlands and installing cribs, racks
and other in-water structures for cultivating these products, but
does not include filling, dredging, peat mining or the construction
of any buildings or any water regulating structures, such as dams.
The outer limit of the vegetation specified in Subsections
A and B of the definition of "wetlands" below and of lands and water
specified in Subsection C of such definition.
To fill, place, eject, discharge or dump any material.
Depositing any soil, stones, sand, gravel, mud, rubbish or
fill of any kind.
Soil, stones, sand, gravel, clay, peat, mud, debris and refuse
or any other organic or inorganic substance, whether liquid, solid
or gaseous, or any combination thereof.
The newspaper so designated by the Board of Trustees.
The written approval, issued by the approving authority,
where required for conducting a regulated activity in a wetland area.
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
The presence in the environment of man-made or man-induced
conditions or contaminants in quantities or characteristics which
are or may be injurious to human, plant or wildlife or other animal
life or to property.
Any form of draining, dredging, excavation or mining, either
directly or indirectly; any form of dumping or filling, either directly
or indirectly, erecting any building or structures, constructing roads,
driving pilings or placing any obstructions, whether or not changing
the ebb and flow of the water; any form of pollution, including but
not limited to installing a septic tank, running sewer outfall, discharging
sewage treatment effluent or other liquefied wastes, including drainage
from swimming pools, into or so as to drain into a wetland; or any
other activity which substantially impairs any of the several functions
or benefits of wetlands. These activities are subject to regulation,
whether or not they occur upon the wetland itself, if they impinge
upon or otherwise substantially affect the wetland and are located
within the regulated area. Activities exempted under this definition:
The depositing or removal of the natural products
of wetlands by recreational or commercial fishing, shellfishing, aquaculture,
hunting or trapping are not regulated under this Article.
Agricultural activities excluded from regulation
under § 24-0701.4 of Article 24.[1]
Public health activities, orders and regulations
of the New York State Department of Health are not regulated under
this chapter, provided that copies of all such orders or regulations
affecting wetlands are filed with the approving authority in advance.
Nothing herein contained shall be deemed to
affect the taking of wetland products regulated by the Trustees of
the Freeholders and Commonalty of the Town of Southampton.
The area within 150 feet of the boundary of a wetland for
any structure or building, or the area within 200 feet of the boundary
of a wetland for any septic or discharge system, or the area within
125 feet of a boundary of wetland for any clearing of land, landscaping
and use of fertilizers. "Regulated area" may also be extended by the
Village Board in accordance with Section 665.2(b) of Title 6 of NYCRR.
Except for coastal erosion structures (sea walls, revetments,
bulkheads, gabions,) and docks, the nominal standard of 150 feet for
setting back structures and buildings from the landward edge of any
wetland and 200 feet for setting back any septic or discharge system
from the landward edge of any wetland and 125 feet for setting back
any clearing of land, landscaping and fertilizing from the landward
edge of any wetland.
The Official Freshwater Wetlands Map promulgated and amended
by the Commissioner of the New York State Department of Conservation
pursuant to § 24-0301.5 of the Freshwater Wetlands Act.
The Trustees of the Freeholders and Commonalty of the Town
of Southampton.
The Village Board of Trustees of the Incorporated Village
of Southampton.
The Wetlands Overlay District Map.
A natural or man-made channel through which water flows continuously,
seasonally or periodically and which contains or connects to wetlands
as herein defined.
All lands and waters of the Village of Southampton which
contain any or all of the following;
Lands and submerged lands, commonly called "marshes,"
"swamps," "sloughs," "bogs" and "flats," supporting aquatic or semiaquatic
vegetation of the following types:
Wetlands trees which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other trees, including, among others,
red maple (Acer rubrum), willows (Salix species), tupelo (Nyssa syivatica),
swamp white oak (Quercus bicolor) grey birch (Betula populifolia)
and shadbush (Amelanchier canadensis).
Wetlands shrubs which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other shrubs, including, among others,
alder (Alnus species), buttonbush (Cephalanthus occidentalis), leatherleaf
(chamaedaphne calyculata), sweet pepperbush (Clethra alnifolia), swamp
azalea (Rhodo dendron viscosum), spicebush (Lindera benzoin), bog
laurel (kalmia polifolia), highbush blueberry (Vaccinium corymbosum)
and winterberry holly (Ilex verticillata).
Emergent vegetation, including, among others,
cattails (Typha species), pickerelweed (Ponterderia cordata), bulrushes
(Scirpus species), rushes (Juncus species), arrowheads (Sagittaria
species), purple loosestrife (Lythrum salicaria), swamp loosestrife
(Decondon verticillatus), swamp rose mallow (Hisbiscus palustris),
smartweeds (Polygonum species), water plantain (Alisma plantago) and
manna grasses (Glyceria species).
Rooted, floating-leaved vegetation, including,
among others, water lily (Nymphaea ordorata), starwort (Callitriche
species), pondweeds (Potamoqeton species), spatterdock (Nuphar species)
and watercress (Nasturtium officinale).
Free-floating vegetation, including, among others,
duckweed (Lemna species), big duckweed (Spirodela polyrhiza) and watermeal
(Wolffia species).
Wet meadow vegetation which depends upon seasonal
or permanent flooding or sufficiently waterlogged soils to give it
a competitive advantage over other open land vegetation, including,
among others, blue and yellow flag (Iris species) ferns (Osmunda species,
Theylpteris palustris and Woodwardeia species), bulrushes (Scirpus
species), sedges (Carex species), rushes (Juncus species), cattails
(Typha species), rice cut-grass (Leersia oryzoides), reed canary grass
(Phalaris arundinacea), sensitive fern (Opoclea sensibilis), skunk
cabbage (Symplocarpus foetidus), swamp loosestrife (Decondon verticillatus),
spike rush (Eleocharis species), break rush (Rhynchospora species),
umbrella sedges (Cyperus species) and manna grasses (Glyceria species).
Bog mat vegetation, including, among others,
sphagnum mosses (Sphagnum species), sundews (Drosera species), leatherleaf
(Chamaedaphne calyculata), bladderworts (Utricularia species), cranberries
(Vaccinium macrocarpon and Vaccinium oxycoccos), piewort (Eriocaulon
species) and water pennyworts (Hydrocotyle species).
Brackish marsh vegetation, containing elements
of subsection A(1) through (6) above, including, among others, common
reeds, cattails, bulrushes, sedge, rushes and ferns, as well as switch
grass (Panicum virgatum), cordgrasses (Spartina species), spike grass
(Distichlis spicata), black grass (Juncus gerardii), glassworts (Salicornia
species), sea lavender (Limonium nashii), marsh elder (Iva frutescens)
and groundsel bush (Baccharis halimifolia).
Submergent vegetation, including, among others,
pondweeds (Potamogeton species), naiads (Naias species), bladderworts
(Utricularia species), wild celery (Vallisneria americana), coontail
(Ceratophyllum demersum), water milfoils (Myriophyllum species), muskgrass
(Chara species), stonewort (Nitella species), waterweeds (Elodea species)
and water smartweed (Polygonum 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, provided
that such wet conditions do not exceed a maximum seasonal water depth
of six feet, and provided further that such conditions can be expected
to persist indefinitely, barring human intervention.
Hydric soils, those that are:
Saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions that favor the
growth and regeneration of hydrophytic vegetation;
Flooded frequently (more than 50 times in 100
years for more than seven consecutive days on each occurrence during
the growing season);
Poorly drained (having the water table one foot
or less from the existing natural grade for at least seven consecutive
days during a growing season); or
Soils found in the Village of Southampton and
presumed to be hydric soils which are shown on Sheet Numbers 49, 62
and 73 in the United States Department of Agriculture, Soil Conservation
Service, Soil Survey of Suffolk County, 1975, and are known as:
Hydrophytic vegetation as defined by the United
States Department of the Interior, Fish and Wildlife Service, in Classification
of Wetlands and Deepwater Habitat of the United States, December 1979,
and more specifically contained in Wetland Plants of the State of
New York, 1986, United States Department of the Interior, Fish and
Wildlife Service.
[1]
Editor's Note: See Article 24 of Environmental
Conservation Law.
[Amended 12-14-1990 by L.L. No. 13-1990]
Without first having a obtained a wetlands (natural resource) special permit from the Village Zoning Board of Appeals and complying with Chapters 49, 54, 97 and 116 of the Village Code, no person shall commence a regulated activity within a wetland or a regulated area or:
A.
Fill in, 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
or tidal water.
B.
Clear, dig, dredge or in any other way add to, alter
or remove any material within 150 feet of any boundary of any wetland,
watercourse or tidal water.
C.
Erect, construct, reconstruct, enlarge or alter any
structure, including but not limited to any groin, bulkhead, dock,
boathouse, residence, swimming pool or other accessory structure,
road or other improvement whatsoever in, on or under or within 150
feet of any boundary of any wetland, watercourse or tidal water.
D.
Build, create or install any new cesspool, septic
tank leaching field, dry well 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 200 feet of any boundary of any wetland,
watercourse or tidal water.
E.
Clear, grade, landscape, fertilize by any method or
physically disturb existing and/or indigenous vegetation within 125
feet of a boundary of a wetland.
F.
Construct, create, eliminate, enlarge or diminish
in size any wetland, watercourse, pond or lake, whether man-made or
natural, by filling, dredging, damming or any other method whatsoever.
This subsection shall also be deemed to apply to artificially lined
ponds which are greater than 1,000 square feet in size or which, regardless
of size, are situate in the groundwater table.
A.
Any person proposing to conduct or cause to be conducted
a regulated activity specified herein upon any wetland or within a
regulated area shall file an application on a form prescribed by the
Zoning Board of Appeals for a permit as hereinafter provided. Such
application shall include the following:
(1)
The name and address of the applicant and the
applicant's agent, if any, and whether the applicant is owner, lessee
or contract vendee. If the applicant is not the owner, the written
consent of the owner must be attached.
(2)
The street address and Suffolk County Tax Map
designation of the subject property.
(3)
A detailed report of the specific purpose, nature
and scope of the activity proposed. Included shall be a report on
the nature, extent and type of wetlands involved and a completed long
environmental assessment form Part I.
(4)
The applicant shall cause a survey, at a minimum
scale of one inch equals 40 feet, to be prepared by a civil engineer
or surveyor registered in New York State. The survey shall include
those of the elements listed herein which are appropriate to the proposed
activity. This information, in total, shall constitute the survey:
(a)
Legal data:
[1]
The name and address of the owner of record.
[2]
The name and address of the person, firm or
organization preparing the map, sealed with the applicable New York
State license seal and signature.
[3]
The key map at one inch equals 1,000 feet.
[4]
The date, North arrow and written and graphic
scale.
[5]
Property description shall be prepared by a
licensed surveyor or civil engineer. The survey may reference a land
surveyor's map or base reference map. All distances shall be in feet
and hundredths of a foot. All angles shall be given to the nearest
10 seconds or closer. The error of closure shall not exceed one in
10,000.
[6]
The true and full extent of the proposed regulated
activity and site characteristics within 200 feet of the proposed
activity. The area contained within this radius shall be termed the
"locus of activity."
[7]
All wetlands within 200 feet of the proposed
activity, to correspond with numbered flagged wetlands boundaries
on the site within the locus of activity.
[8]
The locations, names and existing width of adjacent
streets and curblines within the locus of activity.
[9]
The location and owners of all adjoining lands
within the locus of activity as shown on the latest tax records.
[10]
The location, width and purpose
of all existing and proposed easements, setbacks, reservations and
areas dedicated to public use within or adjoining the locus of activity.
[11]
A complete outline of existing
easement, deed restrictions or covenants applying to the locus of
activity.
[12]
Existing zoning within the locus
of activity.
(b)
Natural features within the locus of activity.
[1]
The existing contours with intervals of two
feet or less referred to a datum satisfactory to the approving authority.
In addition, spot elevations will be required where contour elevations
are less than two feet on the site.
[2]
The boundaries of any flood zones within the
five-hundred-year flood boundary of the latest Flood Insurance Rate
Map as established by the Federal Emergency Management Agency or other
area subject to flooding or stormwater overflows.
[3]
The boundaries of the Village coastal erosion
hazard area on the site.
[4]
The location of existing natural features, such
as water bodies, drainagecourses, wetlands, marshes, dunes, bluffs,
beaches, escarpments, woodlands, flood hazard areas, surface waters,
groundwater within 10 feet of the existing grade, agricultural soils
and the habitat of any rare, threatened or endangered species.
(c)
Man-made features within the locus of activity.
[1]
In addition to the principal and accessory structures,
all other structures and facilities associated with the proposed structures
should be outlined on the survey (i.e., parking area, landscaped area
and any planned driveways or walkways).
[2]
The total area to be disturbed during construction
and the type of vegetation that will be removed either by excavation
or by fill shall be shown.
[3]
Type, depth and associated activities for pilings
construction (i.e., equipment to be used for pile driving, temporary
roads needed for pile driving and construction equipment and sediment
control measures).
[4]
The route of water and utility hookup from the
main lines to the proposed structures, including the width and depth
of the trench and the type of equipment to be used.
[5]
A detailed description, based on a minimum of
two borings, of the soil strata. A minimum of one boring shall be
in the proposed location(s) of septic systems, dry wells or similar
recharge/drainage systems.
[6]
Level of groundwater at the location of the
proposed septic system and drywells.
[7]
Plans for reclamation of land disturbed during
the construction of the principal and accessory structures and underground
structures (i.e., pipeline and septic system).
[8]
Projected water utilization and quantities of
sewage disposal during months of occupancy.
[9]
Field flagging or staking of any of the above
activities as required by the approving authority.
(5)
Any additional topographical and perimeter surveys,
hydrological computations, engineering studies and other factual or
scientific data and reports as deemed necessary by the approving authority
to permit it to arrive at a proper determination.
(6)
In the case of applications affecting water
retention capability, water flow or other drainage characteristic
of any wetland, the approving authority may require the inclusion
of a statement of the area upstream and downstream watershed, impact
analysis and information as to rainfall intensity in the vicinity
for not less than a ten-year return frequency, together with approximate
runoff coefficients to determine the capacity and size of any channel
sections, pipes or waterway openings, together with plans for necessary
bridges, culverts, stormwater or pipe drains that, in the opinion
of the approving authority, are needed to arrive at a proper determination
on the application, consistent with the purposes of this chapter.
B.
One copy of any such application shall be filed with
the Village Clerk of the Village of Southampton and seven copies with
the approving authority.
C.
The applicant shall publish a notice of such application
in the official newspaper and one other newspaper having a general
circulation in the Village and provide proof of notification to the
approving authority.
D.
The approving authority with respect to all applications
shall be the Zoning Board of Appeals, except that the Town Trustees
shall be the approving authority with respect to any wetlands or regulated
area already under their jurisdiction upon the effective date of this
chapter. In such latter case, the Zoning Board shall be deemed to
be an involved agency pursuant to the State Environmental Quality
Review Act[1] for regulated activities not under Town Trustee jurisdiction.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
E.
No application shall be considered complete until
the approving authority has made a negative declaration pursuant to
the State Environmental Quality Review Act or where a positive declaration
has been made, until the approving authority accepts a draft environmental
impact statement as complete for review.
F.
The Zoning Board or Town Trustees, in accordance with Subsection D above, shall refer any complete application submitted to it as the approving authority, pursuant to this chapter, to the Building Inspector for review and report. The Building Inspector shall report back to the Zoning Board or Town Trustees, as the case may be, within 30 days of the date of referral or within such other periods as may be specified by the Zoning Board, or Town Trustees at the time of referral. The referral period may be extended by the Building Inspector, in writing, for a good cause not to exceed an additional 30 days.
G.
The approving authority, no sooner than 30 days and
not later than 60 days after the receipt of a complete application
and publication of notice of application as required herein, shall
hold a public hearing. The approving authority shall fix a time and
place for a public hearing thereon and shall provide for the giving
of notice at least 15 days prior to the date thereof, as follows:
(1)
By publishing a notice in the official newspaper
of the Village and one other newspaper having a general circulation
in the Village.
(2)
By requiring the applicant to erect a white-with-black-lettering
sign or signs 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 that an application
for a permit is pending and 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 property or street line and shall be not less than two
nor more than six feet above the grade at the property line. The sign
shall be made of durable material and shall be furnished by the Municipal
Clerk. It shall be displayed for a period of not less than 10 days
immediately preceding the public hearing date or any adjournment date.
The applicant shall file an affidavit that he has complied with the
provisions of this subsection.
(3)
The applicant shall submit evidence that he
has notified by certified mail, return receipt requested, all property
owners, as shown on the latest municipal tax roll, within 200 feet
of all boundaries of the regulated area.
(4)
If the land involved in an application is within
500 feet of the boundary of any other municipality or if the affected
wetland or its adjacent area lies within two municipalities, notice
of the public hearing shall also be mailed to the Municipal Clerk
of such other municipality.
(5)
Notice of the public hearing and a description
of the applicant's proposal shall be transmitted to the Suffolk County
Planning Commission in any case where the land involved in an application
is within 500 feet of:
(a)
The boundary of any other municipality, the
Atlantic Ocean or any bay or estuary thereof.
(b)
Any state or county park or other recreation
area.
(c)
The right-of-way of any federal, state or county
parkway, throughway, expressway or other controlled- or full-access
highway.
(d)
The right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines.
(e)
The boundary of any state- or county-owned land
on which a public building or institution is situated.
(6)
No action shall be taken on applications referred
to the Suffolk County Planning Commission until the Commission's recommendation
has been received or 45 days have elapsed after the Commission received
the full statement on the applicant's proposal.
(7)
All applications and maps and documents relating
thereto shall be open for public inspection at the office of the Clerk
of the Village of Southampton. At such hearing, any persons filing
a request for a hearing or timely notice of appearance may appear
and be heard. The hearing of said application may be incorporated
with any other hearing required to be held by the approving authority.
H.
Within 45 days of the date of any public hearing on
said application, the approving authority shall render a decision
to approve, approve with modifications or disapprove the issuance
of a permit for the proposed activity. The time periods provided for
in this section may be extended for good cause where it is necessary
to permit full compliance with the State Environmental Quality Review
Act.
A.
The Village map is not intended to represent field-verified
or site-specific wetland limit lines but rather to indicate the area
of jurisdiction. If an activity falls within the boundaries of the
maps, there shall be presumption that a wetland permit will be needed.
However, upon submission of a site survey depicting the upper limit
of wetlands vegetation, only then will it be possible to determine
jurisdiction. Likewise, if an activity falls outside the jurisdiction
of the Village map, including minimum setback distances, a permit
is presumed not to be needed. If a required determination of jurisdiction
is needed, the Building Inspector may require information to be submitted
for such determination and may field-verify such information.
B.
The applicant shall have the burden of demonstrating,
in a clear and convincing manner, that the proposed activity will
be in accord with the policies and provisions of this chapter.
C.
In granting, denying or limiting a permit for property
on the state map, the standards for permit issuance contained in 6
NYCRR 665.7 for freshwater wetlands or 661.10 for tidal wetlands,
as applicable, in conjunction with the classification of the subject
wetland as indicated by the state map filed by the Department, must
be applied as a minimum. In applying these standards, the effects
of the proposed activity must be considered regardless of political
boundaries.
D.
In granting, denying or limiting a permit, the approving
authority shall also consider the effect of the proposed activity
with reference to the public health, safety and welfare, fish and
wildlife, flood, hurricane, storm dangers and the protection or enhancement
of the several functions of the wetlands and the benefits derived
therefrom as set forth in this chapter, irrespective of political
boundaries. No permit shall be granted which would have a substantial
adverse impact on the public health, safety and welfare or the protection
or enhancement of the several functions of wetlands and the benefits
derived from them as set forth in this chapter, regardless of political
boundaries.
[Amended 12-14-1990 by L.L. No. 13-1990]
E.
In addition to the other standards enumerated herein,
the approving authority shall seek to achieve the maximum feasible
setback from the wetlands for buildings, structures, septic systems,
pools and dry wells, roads, driveways and fertilized vegetation which
would ensure wetlands protection and meet all other standards of this
chapter. The Zoning Board of Appeals may vary other dimensional regulations
to achieve maximum wetlands setbacks. Where the approving authority
is the Town Trustees, it may approve the permit application upon condition
of obtaining a variance from the Zoning Board of Appeals, in order
to achieve maximum wetland setbacks.
F.
The Zoning Board of Appeals or Town Trustees may grant
a permit, subject to such terms and conditions as it shall deem reasonable,
where it is the approving authority, upon finding that such activity
is not contrary to the purpose of this chapter.
G.
Notwithstanding any other provision herein, a duly
filed notice, in writing, that the state or any agency or political
subdivision of the state is in the process of acquiring any wetland
by negotiation or condemnation authorizes but does not require denial
of any permit, but only if both the affected landowner and the local
government have been so notified.
(1)
The written notice must include an indication
that the acquisition process has commenced, such as that an appraisal
of the property has been prepared or is in the process of being prepared.
(2)
If the landowner receives no offer for the property
within one year of the permit denial, this bar to the permit lapses.
If its negotiations with the applicant are broken off, the state or
any agency or political subdivision must, within six months of the
end of negotiation, either issue its findings and determination to
acquire the property pursuant to § 204 of the Eminent Domain
Procedure Law or issue a determination to acquire the property without
public hearing pursuant to § 206 of the Eminent Domain Procedure
Law or this bar to the permit lapses.
H.
In granting a permit, the approving authority may
limit the same or impose conditions or limitations designed to carry
out the public policy set forth in this chapter. The approving authority
may require a bond in an amount and with surety and conditions satisfactory
to it securing to the Village of Southampton, as the case may be,
compliance with the conditions and limitations set forth in the permit.
The approving authority may suspend the permit if the applicant fails
to comply with the terms and conditions set forth in the application.
I.
The approving authority shall state upon the record
findings and reasons for all actions taken pursuant to this section.
A record shall be established of all permits granted pursuant to action
of the approving authority under this chapter. Each case shall be
identified by a sequential numbering system and alphabetically by
the applicant's name. Said files shall be available for public inspection
at the Municipal Clerk's office.
J.
The approving authority shall keep minutes of its
proceedings, showing the vote of each member upon every question or,
if absent or failing to vote, indicating such fact. The approving
authority shall keep records of its examination and official actions,
all of which shall be filed in the Municipal clerk's office and shall
be a public record.
K.
Permits authorized by approving authority's actions
shall be obtained within 90 days and shall automatically expire if
construction under the permit is not started within 90 days of issuance
and completed within one year. Extensions of these periods may be
granted by the approving authority without a further public hearing
where good cause is shown.
A.
Review of the determination of the approving authority
shall be pursuant to the provisions of Title 11 of Article 24 of the
Environmental Conservation Law of the State of New York or pursuant
to the provisions of Article 78 of the Civil Practice Law and Rules.
B.
Any owner of the wetland affected or any resident
or citizen of the Village of Southampton shall be deemed to have the
requisite standing to seek review.
[Amended 1-9-1998 by L.L. No. 1-1998]
A.
The application fee for a wetlands special permit
application shall be $750 or such other amount as the Village Board
of Trustees may hereafter fix and establish from time to time by resolution.
[Amended 11-9-2006; 6-23-2009]
B.
The applicant shall also bear the cost to the approving authority of professional review, when such expertise is required by the approving authority. In such cases where expert opinion is determined to be needed, the applicant shall be notified and a review fee paid to the approving authority before it may render a decision with respect to the completeness of the application. The review fee shall not exceed the limits imposed by Chapter 54, Environmental Quality Review, of the Village Code.
A.
This chapter shall not apply to any land uses, improvements
or development which has been exempted under § 24-1305 of
the Environmental Conservation Law of the State of New York.
B.
Where this chapter is less or more protective of the
environment than the Environmental Conservation Law of the State of
New York or any law or ordinance of the County of Suffolk or the Village
of Southampton, the law or ordinance that is more protective of the
environment shall prevail.
C.
This chapter shall apply to all wetlands and regulated
areas within the Village of Southampton.
D.
It is the purpose of this chapter to provide additional
and cumulative remedies to preserve, protect and conserve the wetlands
of the Village. Nothing in this chapter nor anything done by virtue
of it shall abridge, repeal or alter private or civil rights of action
and remedies nor reduce, transfer or abolish the powers or duties
of the Village's elected and appointed officers, boards or agencies.
[Amended 8-13-2020 by L.L. No. 7-2020]
The following penalties shall apply:
A.
Any person who violates, disobeys or disregards any provision of
this chapter shall be liable for a civil penalty not to exceed $3,000
for every such violation. Before assessment of the civil penalty,
the alleged violator shall be afforded a hearing or opportunity to
be heard before the approving authority upon due notice and with rights
to specification of the charges and representation by counsel.
B.
Any civil penalty or order issued by an approving authority shall
be reviewed pursuant to Article 78 of the Civil Practice Law and Rules.
D.
The approving authority shall have the right to seek equitable relief
to restrain any violation or threatened violation of any provision
of this chapter.
Permits approved during the effective period
of the DEIS resolution preceding the enactment of this chapter shall
be given full force and effect after the adoption hereof.
