[HISTORY: Adopted by the Town Board of the
Town of Bedford 8-20-1991;[1] amended in its entirety 11-18-2014 by L.L. No. 3-2014. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 53.
Flood damage prevention — See Ch. 62.
Subdivision of land — See Ch. 107.
Zoning — See Ch. 125.
[1]
Editor's Note: Former Ch. 122, Wetlands, adopted 2-20-1973,
as amended, was repealed 8-20-1991 by L.L. No. 3-1991
This legislative action shall be known as the "Freshwater Wetlands
Law of the Town of Bedford." The intent of this chapter is to promote
the health and welfare of the citizens of Bedford by preserving and
protecting the wetlands of the Town through careful regulation and
control so that they may continue in their natural functions and to
protect property from damages caused by flooding and other losses
due to wetland destruction.
A.
The Town Board of the Town of Bedford has determined that the public
interest, health, safety and the economic and general welfare of the
residents of the Town of Bedford will be best served by providing
for the protection, preservation, proper maintenance and use of its
ponds, lakes, reservoirs, water bodies, rivers, streams, watercourses,
wetlands, natural drainage systems and adjacent land areas from encroachment,
spoiling, polluting or elimination.
B.
The remaining wetlands (as defined below) in Bedford are a valuable
natural resource which serves to benefit the entire Town and the surrounding
region by:
(1)
Providing drainage and flood control through hydrologic absorption
and natural storage.
(2)
Protecting surface/subsurface water resources, watersheds and groundwater
recharge systems.
(3)
Providing a suitable living, breeding, nesting and feeding environment
for many forms of wildlife, including waterfowl, shorebirds and rare
species such as the osprey.
(4)
Treating polluted surface and subsurface waters through biological
degradation and chemical oxidation.
(5)
Controlling downstream erosion and serving as natural sedimentation
areas and filter basins.
(6)
Providing sources of nutrients in freshwater food cycles.
(7)
Serving as nursery grounds and sanctuaries for freshwater fish.
(8)
Providing recreation areas for fishing, boating, hiking, bird-watching,
photography and other passive recreational uses.
(9)
Preserving much needed open space which serves to satisfy man's psychological
and aesthetic needs.
(10)
Maintaining the potable water supply and renovation of septic and
other wastes in the Town.
C.
Wetlands protection is a matter of concern to the entire Town, and
the establishment of regulatory and conservation practices in this
critical area serves to protect the public health, safety and welfare
by ensuring review and regulation of any activity on wetlands which
might adversely affect that health, safety and welfare.
D.
Wetlands in Bedford and other areas form an ecosystem which is not
confined to any one property owner or neighborhood. Experience has
demonstrated that effective wetlands protection requires uniformity
of preservation and conservation throughout the Town.
E.
Loss of wetlands can cause or aggravate flooding, erosion, degradation
and diminution of water supply for drinking and waste treatment and
may pose a threat to the health, safety and welfare of the people
of Bedford and the surrounding region.
F.
Regulation of wetlands is consistent with the legitimate interests
of farmers and other landowners to graze and water livestock and to
make reasonable use of water resources.
A.
It is declared to be the intent of the Town of Bedford to control, protect, preserve, conserve and regulate the use of wetlands (as defined below) within the Town of Bedford to ensure that the benefits found to be provided by wetlands as set forth in § 122-2 hereof will not be lost and to protect the important physical, ecological, recreational and economic assets of the present and future residents of the Town, and so as to protect the broader public interest.
B.
These regulations are enacted with the intent of providing a reasonable
balance between the rights of the individual property owner to the
free use of his property and the rights of present and future generations.
Therefore, this chapter recognizes the rights of owners of property
in or near wetlands to use their property for reasonable purposes
consistent with other regulations and controls, provided that such
use, in the judgment of the appropriate agencies or officials of the
Town of Bedford, does not result in a loss of or impairment to the
wetland system, both on and off site, or the functions which the wetlands
have found to fulfill in the Town of Bedford.
C.
It is the intent of this chapter to incorporate the consideration
of wetlands protection into the Town's extant land use and development
approval procedures.
A.
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings. Words used in the present
tense include the future and the plural includes the singular. The
word "shall" is intended to be mandatory.
B.
APPLICANT
BEDFORD REGULATED WETLAND AREA MAP
BUILDING
BUILDING INSPECTOR
CERTIFICATE OF COMPLIANCE
CODE ENFORCEMENT OFFICER
COMMISSION
CONSERVATION BOARD
DAMS and WATER CONTROL MEASURES AND DEVICES
DEPOSIT
ECOLOGIST/BOTANIST
FACULTATIVE
FERTILIZER
MATERIAL
MITIGATION PLAN
OBLIGATE
PERMIT
PERSON or APPLICANT
PLANNING BOARD
PLANT
POLLUTION
REMOVE
SOIL SCIENTIST
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
STATE FRESHWATER WETLANDS
STRUCTURE
TOWN BOARD
TOWN CLERK
TOWN DIRECTOR OF PLANNING
TOWN ENGINEER
TOWN ENVIRONMENTAL CONSULTANT
WETLANDS
(1)
(a)
(b)
(2)
(3)
(a)
(b)
WETLANDS PERMIT OFFICIAL
WETLAND/WATERCOURSE BUFFER
As used in this chapter, the following terms shall have the meanings
indicated:
See "person."
A series of maps, dated January 1991, prepared by Evans Associates
that show areas which may constitute regulated wetlands.
Any structure having a roof, supported by columns or by walls
or self-supporting, and intended for the shelter, housing or enclosure
of natural persons, animals or chattel.
The duly appointed Building Inspector of the Town of Bedford.
That form of written confirmation by the Town of Bedford
that all authorized activities have been physically completed in accordance
with this chapter and an authorizing activity permit and/or activity
implementation permit as required.
The official of the Town appointed by the Town Board to fulfill
the designated responsibilities set forth in this chapter.
The duly appointed Conservation Board of the Town of Bedford
as created pursuant to § 239-y of the General Municipal
Law.
Barriers which regulate or obstruct the flow of water or
raise, or lower or maintain the level of water in ponds, lakes, natural
drainage systems and wetlands.
To fill, place, eject or dump any liquid, solid or gaseous
material or the act thereof, but not including uncontaminated stormwater.
A person having special knowledge of the physical, chemical
and biological sciences related to the physiology, identification
and distribution of native plants and vegetative associations in wetland
and upland systems and of methods to describe, classify and delineate
vegetative species and associations.
Having the power to exist in and become adapted to changed
conditions; distinguished from obligate.
Any organic or inorganic material of natural or synthetic
origin that is applied to soil to supply one or more nutrients needed
for the growth of plants.
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 (excluding pesticides, herbicides,
algaecides and agricultural or radioactive wastes to the extent that
same are exempt or regulated exclusively by the State of New York);
sewage, sewage sludge or effluent; and industrial or municipal solid
waste.
The plan prepared by an applicant to compensate for the proposed
wetland, watercourse and wetland/watercourse buffer impacts pursuant
to the standards and requirements of this chapter.
Having only one life condition; distinguished from facultative.
That form of Town approval required by this chapter for the
conducting of a regulated activity within any area of the Town of
Bedford defined as a "wetland" or "wetland/watercourse buffer."
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.
The duly appointed Planning Board of the Town of Bedford
as created pursuant to § 271 of the Town Law.
Any living thing that grows in the ground and has roots and
leaves or flowers, and needs sun and water to survive, including trees,
shrubs, herbs, ferns, mosses and other vegetation.
The presence in the environment of human-induced conditions
or contaminants in quantities or characteristics which are or may
be injurious to human, plant or animal life or to property.
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or regrade or the act thereof.
A person having special knowledge of the physical, chemical
and biological sciences and applicable to the genesis and morphology
of soils as natural bodies and of the methods to describe, classify
and map soil units.
The law pursuant to Article 8 of the New York Environmental
Conservation Law providing for environmental quality review of actions
which may have a significant effect on the environment.
Lands and waters of the state, as shown on the State Freshwater
Wetlands Map, which contain any and all of the conditions described
in Subdivision 1 of § 24-0107 of the Environmental Conservation
Law.
Anything constructed or erected, the use of which requires
location on or under the ground or attachment to something having
location on the ground. Structure shall include a building as defined
herein.
The duly elected Town Board of the Town of Bedford.
The duly elected Town Clerk of the Town of Bedford.
The Director of Planning of the Town of Bedford.
Any person employed by the Town of Bedford as the Town Engineer,
including consultants.
The qualified environmental scientist which the Town Board
retains to carry out the functions described in this chapter.
All areas and waters of the Town of Bedford that are comprised
of hydric soils and/or are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and under normal circumstances do support, a prevalence of hydrophytic
vegetation. The following criteria shall be used to determine the
presence of hydrophytic vegetation, hydric soils and hydrologic indicators:
Hydrophytic vegetation are those plants which are dependent
upon seasonal or permanent flooding or sufficiently waterlogged soils
to give them a competitive advantage over other species. These plants
may belong to any of the following vegetative types: wetland trees,
wetland shrubs, emergent vegetation, submergent and rooted floating-leaved
vegetation, free-floating vegetation, wet meadow vegetation and bog
mat vegetation. The following indicators of hydrophytic vegetation
may be used in conjunction with hydric soils and/or wetland hydrology:
The presence of obligate wetland species, particularly as dominants,
in a vegetation unit shall be considered diagnostic of wetlands. Facultative
species may be present but obligate upland species cannot be present
on other than microsites. Obligate and facultative vegetative species
are listed in the National Lists of Plant Species That Occur in Wetlands:
Northeast (Region 1) (Reed, 1988) prepared by the United States Fish
and Wildlife Service in cooperation with the National and Regional
Wetland Plant List Review Panels, as amended from time to time and
as on file with the Town Clerk.
Plants with adaptations to inundation and/or saturated soil
conditions shall be considered diagnostic of wetlands. Such adaptations
include but are not limited to pneumatophores, buttressed tree trunks,
floating stems, floating leaves, multiple trunks, hypertrophied lenticels
and inflated leaves, stems or roots.
Hydric soil is a soil that is saturated, flooded or ponded long
enough during the growing season to develop anaerobic conditions in
the upper part, as set forth in the Federal Manual for Identifying
and Delineating Jurisdictional Wetlands, dated January 1989, prepared
by the federal government, and as updated from time to time and as
on file with the Town Clerk.
Hydrologic indicators.
The following water bodies and watercourses are regulated under
this chapter:
The Bedford Regulated Wetlands Area Map is intended to provide
general guidance only in locating and determining those areas which
constitute wetlands, and areas not shown on said map may constitute
wetlands as defined herein. Finite boundaries of wetlands may be required
to be established by the Commission or the applicant. The delineation
of wetlands boundaries shall be performed by a qualified botanist/ecologist
and/or certified soil scientist.
An area surrounding a wetland/watercourse that is intended
to provide protection to the wetland/watercourse from human activity
and other encroachment associated with development. The wetland/watercourse
buffer shall be an area extending 100 feet horizontally away from
and parallel to wetland boundary or bank of the watercourse. Regulated
area surrounding such natural drainage systems shall include all adjacent
surface for 100 feet as measured from both sides of the bank of the
watercourse or adjacent surface which has an elevation of less than
five feet above the normal (mean) waterline, whichever is more.
This chapter may be amended by the Town Board after due notice
and public hearing.
A.
The Town Board is hereby authorized and empowered to create a Wetlands
Control Commission which shall consist of five resident members, who
shall be qualified by reason of training, experience or interest in
engineering, in water-related science, community planning, conservation,
landscape architecture, wildlife management, forestry, ecology, hydrology
or other related field. The Commission may also obtain access to such
training through qualified consultants. The members of the Wetlands
Control Commission shall be appointed by the Town Board, and the Town
Board may allocate and budget for such expenses as may be necessary
and proper. The Town Board is hereby authorized to make such appropriation
as it may see fit for such expenses. If a previous Commission does
not exist, of the members first appointed, one shall hold office for
the term of one year, two for the terms of two years and two for the
terms of three years. If a previous Commission does exist, their successors
shall be appointed for terms of three years from and after the expiration
of the terms of their predecessors in office. If a vacancy shall occur
otherwise than by expiration of a term, it shall be filled by the
Town Board by appointment to the unexpired term. Meetings of the Commission
shall be held on a regular basis. Three members of such Commission
shall constitute a quorum for holding a meeting. A minimum of three
concurring votes shall be required to approve or deny an application.
The Commission shall keep minutes of its proceedings showing the vote
of each member upon any question or, if absent or failing to vote,
indicating such fact, and shall also keep records of its official
actions.
B.
The Commission may refer appropriate questions to the Town Engineer,
the Director of Planning, the Town Environmental Consultant and Code
Enforcement Officer for his or her opinion and recommendation. The
Commission may require of an applicant such engineering studies or
information as is necessary for its review of an application.
C.
In connection with each application, the Town Environmental Consultant
shall determine the boundaries of a wetland based on field investigation,
flagging and survey of the property by the applicant. The Town Environmental
Consultant may consult with, and/or may require the applicant to consult
with, biologists, hydrologists, soil scientists, ecologists/botanists
or other experts as necessary to make this determination.
D.
Alternate
member. The Wetlands Control Commission is composed of five members
that review, hear and decide cases. This number is reduced when a
member cannot attend a meeting of the Wetlands Control Commission
or, because of conflict of interest, cannot vote on a matter to be
considered by the Wetlands Control Commission, which could affect
the quorum of three members needed to conduct official business. The
appointment of an alternate member is appropriate to aid in successful
planning and will provide assistance to the Wetlands Control Commission
when members are unavailable and when members need to recuse themselves.
It is the legislative intent of the Town Board to provide for the
appointment of an alternate member to the Wetlands Control Commission
as a reasonable response to such concerns.
[Added 5-16-2023 by L.L.
No. 7-2023]
(1)
Appointment. The Town Board is hereby authorized to appoint, by resolution,
an alternate member to the Wetlands Control Commission. Such alternate
member shall be a resident of the Town of Bedford.
(2)
Term. Alternate members of the Wetlands Control Commission shall
be appointed for a term of three years.
(3)
Duties.
(a)
The Chairperson, or the member deputized to chair the meeting
in the absence of the Chairperson, shall designate the alternate member
to hear and vote on matters and applications coming before the Wetlands
Control Commission when a regular member of the Wetlands Control Commission
is absent or unable to participate on an application or matter before
the Wetlands Control Commission. The Chairperson, or the member deputized
to chair the meeting in the absence of the Chairperson, shall also
designate an alternate member to vote when a vacancy exists on the
Wetlands Control Commission. When so designated, the alternate member
shall have the same voting privileges as regular members of the Wetlands
Control Commission. All such designations of voting privileges to
the alternate member shall be noted in the minutes of the Wetlands
Control Commission meeting at which such designations are made.
(b)
The alternate member may be allowed to fully participate in
all meetings of the Wetlands Control Commission, as members do, at
the discretion of the Chairperson, or the member deputized to chair
the meeting in the absence of the Chairperson, but cannot vote until
designated to do so by the Chairperson, or the member deputized to
chair the meeting in the absence of the Chairperson.
(c)
All provisions of state law and local law relating to Wetlands
Control Commission membership, including but not limited to member
eligibility, vacancy in office, removal, compatibility of office and
service on other boards, training and continuing education requirements,
shall also apply to alternate members, except that alternate members
shall not receive compensation.
A.
Every decision, recommendation or determination of the Commission
shall be filed in the office of the Town Clerk within 10 days and
shall be a public record. The Wetlands Control Commission shall have
the power to adopt, amend and repeal rules and regulations governing
its procedure and transaction of business consistent with the Public
Officers Law § 100. All rules and regulations and any amendments
or repeal thereof shall take effect immediately upon filing in the
office of the Town Clerk, after approval by the Town Board.
B.
The Wetlands Control Commission shall review applications for and take appropriate action on projects submitted within its jurisdiction pursuant to § 122-9 of this chapter.
C.
For each application submitted to the Wetlands Control Commission,
the Commission shall, pursuant to the requirements of SEQRA, make
a determination of significance of the proposed action and, further,
determine appropriateness of acting as the lead agency and any requirement
for a draft environmental impact statement when necessary.
D.
The Commission shall have the power to grant or deny permits to conduct
activities regulated under this chapter, but only when such permits
do not violate the intent and purposes of this chapter.
E.
The Commission shall investigate, review and recommend action upon
water conservation and drainage problems referred to it by the Town
Board, Planning Board, Zoning Board of Appeals, Building Inspector
and Conservation Board and shall coordinate Town of Bedford water
resource planning with the planning of adjacent communities, counties
and governmental authorities.
F.
The Commission shall endeavor to educate and inform the residents
of the Town regarding the provisions of this chapter.
G.
The Commission shall have the power to determine whether a person who has violated any of the provisions of § 122-8 of this chapter shall be required to restore the disturbed area to its original condition and to order such restoration be completed within a time limit as determined by the Commission.
H.
The Commission shall have the power to:
(1)
Collect and recommend application fees for permits to conduct activities
under this chapter.
(2)
When it deems necessary, the Commission may require security in the
form of a bond or other form of security acceptable to the Commission
as a condition of a permit granted under this chapter to ensure compliance
with the terms of the permit.
I.
The Commission may receive and review all minutes of the Conservation
and Planning Board meetings and shall supply the Conservation and
Planning Boards with minutes of all of the Wetlands Control Commission's
meetings.
A.
The Town Environmental Consultant shall conduct a site inspection
and may require the applicant to stake or otherwise locate in the
field all pertinent locations of a proposed activity, including wetlands,
watercourses and wetland/watercourse buffer.
B.
The Town Environmental Consultant shall report regularly and meet
periodically with the Commission regarding the content and status
of applications.
C.
At the request of the Commission, the Town Environmental Consultant:
(1)
Will attend meetings and work sessions of the Commission and
accompany the Commission on site walk meetings;
(2)
Prior to the Commission making its findings on an application in accordance with § 122-10, advise the Commission whether the application, after giving effect to any conditions for approval which the Commission may set, fulfills the requirements for granting a permit;
(3)
Will advise the Commission on the status of work contemplated
under permits granted by the Commission;
(4)
Will otherwise advise and assist the Commission in carrying
out its duties under this chapter.
D.
Upon completion of all authorized regulated activities, an applicant shall request a final inspection by the Town Environmental Consultant in order to obtain a certificate of compliance as set forth in § 122-9 of this chapter, certifying that all authorized activities are completed in accordance with the permit granted by the Commission.
A.
Prohibited acts. It shall be unlawful to place or deposit materials or chemical wastes or to introduce influents of sufficiently high thermal or chemical content as to cause deleterious ecological effect in any wetland or the wetland/watercourse buffer, including without limitation, the installation of a septic tank or fields, except as provided for in § 122-8B(3), the running of a sewer outfall or the discharging of sewage treatment effluent or other liquid wastes into or so as to drain into a wetland, watercourse or wetland/watercourse buffer. It shall also be unlawful to locate animal feedlots or pens, manure stockpiles or similar animal storage areas within a wetland, watercourse or wetland/watercourse buffer.
B.
Regulated acts which require a permit. It shall be unlawful to perform any of the following activities in any wetland or within the wetland/watercourse buffer area unless specifically allowed under § 122-8C without a duly issued permit from the Commission:
(1)
Place or construct any structure, accessory structure, swimming pool
or tennis court. The foregoing shall include, without limitation:
(a)
Any related storage or stockpiling of construction materials,
use of equipment or machinery or other construction activity;
(b)
Renovations or alterations to existing improvements which increase
the impervious surface or areal extent of such improvements including
walls, driveways, drives or other improvements; and
(c)
Installation of pipes or wells or service lines, conduits and
cables.
(2)
Conduct any form of draining, dredging, dewatering, excavation or
removal of material, either directly or indirectly. The foregoing
shall include, without limitation, any draining or withdrawing water
from streams, ponds or other water bodies within the Town of Bedford.
(3)
Conduct any form of dumping, filling or depositing of material, either
directly or indirectly. Replacement of an existing septic tank or
septic leaching field located within the regulated wetland or wetland
buffer is permitted, provided there is no alternative outside of the
regulated area.
(4)
Alter or grade natural features and contours, alter drainage conditions
or divert any flow of a watercourse, water body, marsh or swamp.
(5)
Construct docks, dams, other water control devices, pilings or bridges,
whether or not they change the ebb and flow of the water.
(6)
Install any service lines, cable conduits, pipes or wells.
(7)
Construct pervious or impervious driveways or roads.
(8)
Cut or remove any healthy plant. The exception to this shall be the
removal (by nonmechanical and nonchemical means) of those plants contained
on a published and regularly updated list of invasive, nonnative plant
species. The list of invasive species shall be the NYSDEC invasive
species list, 6 NYCRR Part 575, as modified from time to time.
(9)
Deposit or introduce organic or inorganic chemicals including but
not limited to fertilizers, pesticides, herbicides and fungicides.
C.
Acts permitted by right. The following acts are permitted by right
within wetlands, or the wetland/watercourse buffer area without permit,
provided that they do not constitute a pollution or erosion hazard
or interfere with proper drainage or adversely affect reasonable water
use by others. Such permitted acts must conform to the Town of Bedford
Zoning Ordinance.
(1)
Normal ground maintenance of existing landscaped areas and residential gardens, including existing lawn areas and trimming and removal of dead or diseased vegetation, or removal of invasive species, as described in § 122-8B(8).
(2)
Repair of walkways and walls.
(3)
Operation and maintenance of existing dams and water control devices,
excluding the adjustment of water elevations over 18 inches in height.
(4)
The activities of farmers and other landowners in grazing and watering
livestock, fishing and making reasonable use of water resources.
(5)
Public health activities, orders and regulations of the Westchester
County Department of Health for emergencies only.
(6)
Maintenance of existing drainage channels where impedance of flow
may cause flooding or threaten public safety on highways or in dwellings
or other structures.
D.
Administrative permits. The following improvements and activities
related to them are permitted for preexisting single-family residences,
upon the issuance of an administrative wetland permit issued by the
Wetlands Permit Official, who shall require sufficient information
from the applicant to permit a proper evaluation of the permit request,
and may require soils or wetlands surveys, topographic surveys, grading
or drainage plans, erosion control plans or such other information
as the Wetlands Permit Official may require. Prior to issuing an administrative
wetland permit, the Wetlands Permit Official, after visiting the site
and upon consultation with the Town Environmental Consultant, shall
certify that there are no apparent violations or any other conditions
at the property that adversely affect the wetlands and that the proposed
improvement or activity, after giving effect to any conditions to
such permit, will not result in any adverse impact on the wetlands
or the wetland/watercourse buffer.
(1)
Dry-laid stone walls, containing no mortar or cement, where the wall
is designed to permit the passage of small animals by permitting openings
at fifteen-foot intervals at least six inches in height above ground
level and 12 inches in length, and where the construction of said
wall will not inhibit or alter the natural drainage flow or cause
the blocking or damming of surface water.
(2)
Decks or porches with a footprint of 200 square feet or less located
more than 50 feet from a wetland or watercourse, provided that no
grading is required for their construction other than for posts or
footings.
(3)
Emergency repair or reconstruction of sewage disposal facilities,
provided that such repairs and maintenance are in kind and in situ
replacement or repair of broken, damaged or worn wastewater treatment
system components.
(4)
Single-story movable sheds, without foundation or footings, with
a footprint of 100 square feet or less located more than 50 feet from
a wetland or watercourse, provided:
(5)
Movable play sets or swing sets or other small additions to existing
structures, without foundation, with a footprint of 100 square feet
or less and located more than 50 feet from a wetland or watercourse,
provided no grading is required for installation.
(7)
Field changes to unexpired permits issued by the Commission.
(8)
Applications for the first renewal of a wetlands permit or an extension
thereof for one year or less, provided:
(9)
Other activities within 100 feet of a wetland or watercourse where
the applicant demonstrates, to the satisfaction of the Wetlands Permit
Officer, that there will be no direct or indirect impact associated
with the activity, and where the total project cost is estimated to
be less than $10,000.
E.
The Wetlands Permit Official shall furnish the Commission at each
of its regular monthly meetings copies of each application and permit
issued under this section together with any relevant supporting items.
A.
Application for permit. An application for a permit subscribed by
the owner or agent shall be filed with the Commission and shall contain
the following information:
(1)
Name, post office address and telephone number of the owner and the
applicant.
(2)
Street address and Tax Map designation of the property covered by
the application.
(3)
Statement with consent from the owner for any agent making application.
(4)
Statement of proposed work and purpose thereof.
(5)
The owner's permission to allow visits to site.
(6)
Plans for the proposed regulated activities shall be submitted, unless
otherwise specified by the Commission, drawn to a scale of not less
than one inch equals 30 feet (unless otherwise specified by the Commission).
The plans shall be certified by an engineer, architect, land surveyor
or landscape architect licensed in the State of New York. Plans shall
show the following:
(a)
The location of all wetlands as determined by a qualified ecologist,
botanist and/or soil scientist no earlier than 12 months prior to
the date of filing the application.
(b)
Location of construction or area proposed to be disturbed and
its relation to property lines, buildings, roads and watercourses
within 250 feet.
(c)
Estimated quantities of material of excavation or fill.
(d)
Location of any well and depth thereof and any sewage or wastewater
disposal system within 100 feet of the disturbed area.
(e)
Existing and adjusted contours at two-foot intervals in the
proposed disturbed area and to a distance of 100 feet beyond.
(f)
Details of any drainage system proposed, both for the conduct
of the work and after completion thereof, and measures proposed to
control erosion and siltation both during and after the work.
(g)
Where creation of a lake or pond or alteration of a watercourse
or wetland is proposed, details of the construction of any dams, embankments
and outlets or other water control devices.
(h)
A property location map.
(i)
Where the existing septic system on the property is in wetlands
or wetlands buffer, provide evidence of periodic cleaning within the
previous two years.
(j)
An appropriate mitigation plan.
(k)
Other details as may be determined to be necessary by the Commission.
The Commission shall notify the applicant within 60 days of receipt
of an application if such additional information is necessary.
(7)
Applications affecting the water-retention capacity, water flow or
other drainage characteristics of any pond, lake, reservoir, natural
drainage system or wetland shall, upon determination of the Commission,
include a statement prepared by a professional engineer licensed in
the State of New York of the impact of the project on upstream and
downstream areas, giving appropriate consideration to flood or drought
levels of watercourses and amounts of rainfall.
(8)
Copies of all applicable Town, county, state or federal permits or
permit applications which are required for such work or improvement,
unless such permits are conditioned upon obtaining a permit under
this chapter.
(9)
An application fee and engineering and inspection fee in amounts
set forth in the fee schedule approved by the Town Board.
B.
Waiver of plan requirements. The plan requirements listed in § 122-9A(6) may be modified by the Commission. This waiver shall not apply to wetlands listed on the State Freshwater Wetlands Map.
C.
Public hearing and notice. Upon receipt of an application, the Commission,
at its discretion, may call for a public hearing on any permit or
application. The Commission shall fix a reasonable time for the hearings.
Notice of the public hearing shall be published at least 10 days prior
to the hearing in the official newspaper and shall be mailed by the
applicant or appellant at least 10 days prior to the hearing to owners
of lots whose property is within 1,000 feet of the controlled area.
The expense of publishing and mailing any notice required by this
chapter shall be paid by the applicant, and the applicant must file
with the Commission an affidavit of mailing with a list of the names
of the owners of record of the property within the 1,000 feet of the
controlled area, together with the section and lot number of each,
with such written notice prior to the public hearing.
D.
Burden of proof. The applicant shall have the burden of proof of demonstrating that the proposed activity is not adverse to the general health, safety or economic and general welfare of the residents of Bedford or its neighboring communities, that it will not degrade the environment nor result in any of the adverse impacts stated in § 122-2, and that the applicant will otherwise suffer undue hardship if a permit is not issued.
E.
Action by the approval authority.
(1)
The Commission shall, within 45 days of the filing of a complete application or within 30 days of the date of the closing of any public hearing held pursuant to Subsection C above, whichever date shall be later, render a decision to approve, deny or approve with modifications the application, giving due consideration as specified in § 122-10. In approving any application, the Commission may impose such conditions or limitations as it determines necessary to ensure compliance with the intent, purposes, standards and public policy of this chapter. The Commission shall state upon the record findings and reasons for all actions taken. The Commission may extend the time limitations for decision rendering only when awaiting wetland boundary or classification decisions from the New York State Department of Environmental Conservation. A decision should be rendered no later than 30 days from the receipt by the Commission of such requested information.
(2)
Following action by a concurring vote of at least three members of
the Commission to approve, deny or approve with modifications any
application, a written resolution shall be issued by the Commission
to the applicant if it was so decided and filed with the Town Clerk.
Said resolution shall record:
(a)
The assigned application calendar number.
(b)
The name and address of the applicant.
(c)
The name and address of the property owner (if different from
the applicant).
(d)
The address and Tax Map designation of the property.
(e)
The date of the Commission action on the application.
(f)
All conditions placed on the regulated activity.
(g)
The date by which work is to be completed.
(h)
The expiration date of the permit.
(3)
Inactive permit applications. All permit applications must be diligently
pursued by an applicant. Should any application before the Commission
remain inactive for a period exceeding one year without submission
of substantive additional written documentation and supplemental information,
the application shall be considered withdrawn. Withdrawn applications
may be resubmitted as new applications, subject to all fees and review
requirements of this chapter.
F.
Certificate of compliance.
(1)
Upon the completion of all authorized work conducted pursuant to
a permit the applicant shall request that the Town Environmental Consultant
make a final inspection thereof to determine compliance.
(2)
If the Town Environmental Consultant finds all work has been completed
in accordance with the issued permits and the provisions of this chapter,
then the Town of Bedford may issue a certificate of compliance relating
to such permit.
(3)
A certificate of compliance shall be deemed to authorize the initial
and continued activity and use affecting a regulated area and resource
so long as continued full conformity and compliance are maintained
with the terms and conditions of an issued activity permit and the
provisions of this chapter.
G.
Expiration of permit.
(1)
All permits, unless otherwise indicated, shall expire on completion
of the acts specified or, unless otherwise indicated, shall be valid
for a period of one year, whichever occurs sooner.
(2)
Permits may be renewed by the Commission upon applications submitted
at least 60 days before the expiration of the permit. Standards for
issuance of renewals shall be the same as for the issuance of permits.
(3)
The Building Department shall not give certificate of occupancy approval
without prior approval of the Commission for any projects involving
a wetland permit.
H.
Inspection. Work conducted under a permit shall be open to inspection
at any reasonable time, including weekends and holidays, by the Town
Engineer, the Town Environmental Consultant, the Building Inspector
or by members of the Commission or their designated representatives.
The applicant shall reimburse the Town for the costs of such inspection
when incurred by outside consultants hired by the Town for this purpose.
I.
Other permits. Conformance with this chapter does not eliminate the
necessity for any applicant to obtain the approval or permits required
by any other agencies prior to construction in accordance with the
permit. Obtaining such approval or permits is the responsibility of
the applicant. No operations shall be initiated until such approvals
or permits have been issued.
A.
Consideration. In granting, denying or conditioning any permit, the
Commission shall consider the following:
(1)
All evidence offered at or before any public hearing.
(2)
All reports from other commissions and/or federal, state or Town
agencies.
(3)
Additional requested information.
(4)
All relevant facts and circumstances, including but not limited to
the following:
(a)
The environmental impact of the proposed action.
(b)
The alternatives to the proposed action.
(c)
Irreversible and irretrievable commitments of resources which
would be involved in the proposed activity.
(d)
The character and degree of injury to or interference with safety,
health or the reasonable use of property which is impacted or threatened.
(e)
The suitability or unsuitability of such activity to the area
for which it is proposed.
(f)
The effect of the proposed activity with reference to the protection or enhancement of the several functions of wetlands and the benefits they provide which are set forth in § 122-2B of this chapter.
(g)
The appropriate mitigation plan.
(5)
The availability of preferable alternative locations on the subject
parcel or, in the case of activity of sufficient magnitude, the availability
of other reasonable locations.
(6)
The availability of further technical improvements or safeguards
which could feasibly be added to the plan or action.
(7)
The possibility of further avoiding reduction of the wetlands' or
watercourses' natural capacity to support desirable biological life,
prevent flooding, supply water, control sedimentation and/or prevent
erosion, assimilate wastes, facilitate drainage and provide recreation
and open space.
(8)
The extent to which the exercise of property rights and the public
benefit derived from such use may or may not outweigh or justify the
possible degradation of the inland wetland or watercourse, the interference
with the exercise of other property rights and the impairment or endangerment
of public health, safety or welfare.
B.
Preparation of a mitigation plan.
(1)
Where the applicant has demonstrated and the Commission has determined
that either losses or impacts to the wetland, watercourse or wetland/watercourse
buffer are necessary and unavoidable and have been minimized to the
maximum extent practicable as determined acceptable by the Commission,
the applicant shall be required to prepare and implement a mitigation
plan acceptable to the Commission.
(2)
The mitigation plan shall be proposed where the applicant has demonstrated
and the Commission has determined that either losses or impacts to
the wetland, watercourse or wetland/watercourse buffer are necessary
and unavoidable and have been minimized to the maximum extent practicable
as determined acceptable by the Commission. In instances in which
a preexisting septic tank or fields are located within wetlands and/or
wetland/watercourse buffer, the Commission may consider mitigation
measures which provide for the removal of such tank or fields and
creation of new septic tank and/or fields to an area outside of any
wetlands and/or wetland/watercourse buffer. Such facilities shall
be assessed and designed consistent with the requirements of the New
York City Department of Environmental Protection and the Westchester
County Health Department.
(3)
For the purposes of required mitigation, impacts to wetland/watercourse
buffer areas will be viewed as impacts to wetlands and watercourses.
On-site mitigation shall be the preferred approach; off-site mitigation
shall be permitted only in cases where an on-site alternative is not
possible and the applicant has control of the off-site property.
(4)
Acceptable mitigation must be provided to minimize impacts to the
maximum extent practicable, striving for protection and preservation
of wetlands, watercourses and/or wetland/watercourse buffer and the
various functions served by those areas within the Town of Bedford.
All mitigation plans shall be based on the following order of preference:
(a)
Minimization of impacts and disturbance to wetlands, watercourses
and wetland/watercourse buffer, in that order.
(b)
Preservation of remaining wetlands, watercourses and wetland/watercourse
buffer through the dedication and establishment of perpetual conservation
easements, development restriction areas, or equivalent.
(c)
Restoration or repair of existing damaged wetlands, watercourses
and/or wetland/watercourse buffer, including enhancement thereto.
(d)
Construction of replacement wetlands, watercourses and buffer
areas, that recreate as nearly as possible the original wetlands,
watercourses and/or wetland/watercourse buffer in terms of spatial
area, type, functions, hydrologic conditions, geographic location
and setting.
(5)
Any mitigation plan prepared pursuant to this section and accepted
by the Commission shall become part of the permit for the application.
(6)
A monitoring and inspection schedule for a specified period of time
as agreed to by the Commission shall be established and implemented.
Town-incurred costs for monitoring and inspection of applicant projects
shall be funded by an applicant as required by this chapter.
C.
Findings. No permit shall be issued by the Commission pursuant to
this chapter unless the Commission shall find that:
(1)
The proposed regulated activity is consistent with the policy of
this chapter to preserve, protect and conserve wetlands and the benefits
they provide, to prevent the despoliation and destruction of wetlands
and to regulate the development of such wetlands in order to secure
the natural benefits of wetlands consistent with the general welfare
and beneficial economic, social and agricultural development of the
Town.
(2)
The proposed regulated activity is consistent with the land use regulations
governing wetlands applicable in the Town of Bedford.
(3)
The proposed regulated activity is compatible with the public health
and welfare.
(4)
The proposed regulated activity minimizes degradation to or loss
of any part of the wetland or its adjacent area and minimizes any
adverse impacts on the functions and benefits which said wetland provides.
D.
Wetland acquisition. The Commission shall deny a permit if both the
affected landowner and the local government have been notified by
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 freshwater
wetland by negotiation or condemnation with the following provisions:
(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 ban 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 ban
to the permit lapses.
E.
Effect of violations on approval procedure. No permit application
shall be accepted and no permit shall be granted for a property where
the Building Inspector has found a violation of this chapter and where
such violation has not been corrected; provided, however, that the
Commission shall consider a permit application to cure a violation.
Any decision of the Commission made pursuant to or within the
scope of this chapter may be reviewed at the instance of any person
aggrieved by the action in accordance with Article 78 of the State
Civil Practice Law and Rules, provided that such review is commenced
within 30 days of the filing of such decision or order in the office
of the Town Clerk.
A.
Any person violating any provision of this chapter shall be guilty
of a violation and, upon conviction thereof, shall be punished by
a fine not to exceed the sum of $250 and/or imprisonment for no more
than 15 days, or both. Each day shall constitute a separate and distinct
offense, punishable by a like fine or penalty as herein set forth.
B.
Notwithstanding the penalties herein above provided, the Town of
Bedford may maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of any provision of this chapter.
C.
The foregoing provisions for enforcement of the regulations in this
chapter are not exclusive, but are in addition to any and all laws
applicable thereto.
D.
In addition to these punishments, any offender may be ordered by
the court to restore the affected freshwater wetland to its condition
prior to the offense, insofar as that is possible. The court shall
specify a reasonable time for the completion of such restoration,
which shall be effected under the supervision of the Commissioner
or local government.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
All acts, whether allowed by right or by permit, must conform
to the Town of Bedford Zoning Ordinance.[1]
The Town and its several departments shall be exempt from the
permitting process under this chapter. Nonetheless, the Town Board
finds that wetlands protection is a matter of concern for the entire
Town and that conservation practices in this critical area shall serve
to protect the public health, safety and welfare. Therefore, the Town
and its departments shall apprise the Wetlands Consultant, whenever
possible, of all new construction projects impacting wetlands to ensure
that best wetlands and watercourse protection practices are considered.
It shall be the duty of the Wetlands Consultant to keep the Commission
informed about the progress of these projects and to serve as liaison
between the Commission and the Town.
