Town of Monroe, NY Wetlands

The Town Board of the Town of Monroe finds that the preservation and protection of wetlands is a matter of concern to the town. This chapter acknowledges that wetland areas constitute an important physical, economic, social, aesthetic and recreational asset to existing and future residents of the town. Wetlands are part of an ecosystem that, if not protected, can cause or aggravate flooding, erosion and diminution of surface water and groundwater resources and may pose a threat to the health, safety and welfare of the people of Monroe and the surrounding region.

Current New York State Department of Environmental Conservation (NYSDEC) law regulates activities in and adjacent to wetlands 12.4 acres and greater. Wetlands less than 12.4 acres are considered local wetlands and shall be subject to the procedures and conditions set forth herein.

§ 56-2 Title; purpose.

This chapter shall be known as the "Local Freshwater Wetlands Local Law of the Town of Monroe" and establishes the criteria and procedures for obtaining a permit for activities in and adjacent to the town's local wetlands.

§ 56-3 Findings of fact; policy.

In their natural state, wetlands serve multiple functions, including:

(1)

Protecting water resources by providing sources of surface water, recharging groundwater and aquifers, serving as chemical and biological oxidation basins and/or functioning as settling basins for naturally occurring sedimentation.

(2)

Controlling flooding and stormwater runoff by storing or regulating natural flows.

(3)

Providing unique nesting, migratory and wintering habitats for diverse wildlife species.

(4)

Supporting unique vegetative associations specifically adapted for survival in low-oxygen environments.

(5)

Providing areas of unusually high plant productivity which support significant wildlife diversity and abundance.

(6)

Providing breeding and spawning grounds, nursery habitat and food for various species of fish.

(7)

Treating pollution through natural biological degradation and chemical oxidation.

(8)

Providing open space and visual relief from development.

(9)

Serving as outdoor laboratories and living classrooms for the study and appreciation of natural history, ecology and biology.

Considerable acreage of these important natural resources has been lost or impaired by draining, dredging, filling, excavating, building, polluting and other acts inconsistent with the natural uses of such areas. Remaining wetlands are in jeopardy of being lost, despoiled or impaired by such acts, contrary to the public safety and welfare.

It is therefore the policy of the Town of Monroe to prevent the despoliation and destruction of wetlands and take into account the ecological, economic, recreational and aesthetic values. Furthermore, this chapter is in furtherance of the town's policy of no net loss of wetland areas.

§ 56-4 Intent.

It is the intent of the Town of Monroe to regulate activities in and around wetlands to ensure that the benefits found to be provided by wetlands as set forth in § 56-3 herein will not be lost and to protect the important ecological, physical, economic, social and recreational assets. These activities shall include:

Impeding flood flows, reducing flood storage areas or destroying storm barriers.

Increasing water pollution through location of domestic waste disposal systems in wet soils; inappropriate siting of stormwater control facilities; unauthorized application of fertilizers, pesticides, herbicides and algicides; disposal of solid wastes at inappropriate sites; creation of unstabilized fills; or the destruction of wetland soils and vegetation serving pollution and sediment control functions.

Increasing erosion.

Decreasing breeding, nesting and feeding areas for many species of waterfowl and shorebirds, including those rare and endangered.

Interfering with the exchange of nutrients needed by fish and other forms of wildlife.

Decreasing habitat for fish and other forms of wildlife.

Adversely altering the recharge or discharge functions of wetlands, thereby impacting groundwater or surface water supplies.

Significantly altering when a wetland area is wet and thereby causing either short- or long-term changes in vegetational composition, soils composition, soil characteristics, nutrient recycling or water chemistry.

Destroying sites needed for education and scientific research, such as outdoor laboratories, living classrooms and training areas.

Interfering with the recreation opportunities provided by wetlands for fishing, boating, hiking, bird-watching, photography, camping and other passive uses.

Destroying or damaging aesthetic property values, including significant public viewsheds.

§ 56-5 Definitions.

Words or phrases issued in this chapter shall be interpreted as defined below; and where ambiguity exists, words or phrases shall be interpreted so as to give this chapter its most reasonable application in carrying out the regulatory goals stated in §§ 56-3 and 56-4.

ACTIVITY

Any act within a regulated area to which the requirement of this chapter may apply.

ADJACENT AREA

See "wetland buffer."

ADMINISTRATIVE PERMIT

A permit issued by the Town Engineer and/or Building Inspector for a regulated activity that is limited in scope and limited in potential impact, as defined by this chapter.

AGRICULTURAL ACTIVITY

The grazing and watering of livestock; the use of water resources for agricultural purposes; harvesting the natural products of wetlands, excluding peat mining and timber harvesting; and selective cutting of trees.

APPLICANT

A person who files an application for a permit under this chapter and 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, the person who would actually control and direct the proposed activity or the authorized agent of such person.

APPROVAL AUTHORITY

The board or public official empowered to grant or deny permits under this chapter. The "approval authority" for the Town of Monroe shall be:

The Planning Board of the Town of Monroe for regulated activities requiring a wetland permit and a public hearing, as defined by this chapter.

The Town Engineer and/or Building Inspector for regulated activities requiring an administrative permit that are limited in scope and limited in potential impacts, as defined by this chapter.

BOUNDARY OF A WETLAND

The outer limit of the soils and/or vegetation as defined under "wetland/freshwater wetland."

CLEAR-CUTTING

Any cutting of more than 30% of trees four inches or more in diameter at breast height (4.5 feet) in an area 10,000 square feet or more over a period of two consecutive years within a specified area.

DAMS AND WATER CONTROL MEASURES

Barriers used or intended to or which, even though not intended, in fact do obstruct the flow of water or raise, lower or maintain the level of water.

DATE OF RECEIPT OF APPLICATION BY APPROVAL AUTHORITY

An application shall be deemed received by the approval authority on the date of the first regular meeting of the approval authority following the filing of the application and supporting plans pursuant to the provisions of this chapter.

DEPOSIT

To fill, grade, discharge, emit, dump or place any material or the act thereof.

DRAIN

To deplete or empty of water by drawing off by degrees or in increments.

DREDGE

To excavate or remove sediment, soil, mud, sand, shells, gravel or other aggregate.

ECOLOGIST/BOTANIST/WETLAND SPECIALIST

A person having special knowledge of the physical, chemical and biological sciences related to the physiology, identification and distribution of native plants, vegetative associations and hydric soils in wetland and upland systems and of methods to describe, classify and delineate vegetative species and associations and hydric soils.

EXCAVATE

To dig out and remove any material from a wetland or wetland buffer.

FACULTATIVE WETLAND SPECIES

Vegetative species that can occur in wetland systems as listed in the "National List of Plant Species that Occurs in Wetlands: Northeast (Region 1), 1988, published by the United States Fish and Wildlife Service in cooperation with the National and Regional Interagency Review Panels and as updated from time to time.

FILL

See "deposit."

FLOODPLAIN

The area adjacent to a water body which is subjected to periodic inundation during a one-hundred-year storm event, as shown on the Flood Insurance Rate Maps.

GRADING

To adjust the degree of inclination of the natural contours of the land, including leveling, smoothing and other modification of the natural land surface.

HYDRIC SOIL

A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part and as further defined under "wetland."

HYDROPHYTIC VEGETATION

Macrophytic plant life growing in water that is at least periodically deficient in oxygen as a result of excessive water content and as further defined under "wetland."

MATERIAL

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; sewage sludge or effluent; or industrial or municipal solid waste.

MICROSITE

A small site supporting facultative or obligate vegetation anomalous within the context of the larger vegetative unit. "Microsites" may be drier or wetter than surrounding areas as a result of altered drainage, incidental topographic variation or a related characteristic.

MUNICIPALITY

The Town of Monroe.

NATIONAL LIST OF PLANT SPECIES THAT OCCURS IN WETLANDS: NORTHEAST (REGION 1), 1988

The list of obligate and facultative wetland plant species developed by the United States Department of the Interior Fish and Wildlife Service in cooperation with the National and Regional Interagency Review Panels, as amended and updated from time to time.

OBLIGATE UPLAND SPECIES

Plant species that, under natural conditions, always occur in uplands (i.e., greater than 99% of the time).

OBLIGATE WETLAND SPECIES

Plant species that, under natural conditions, always occur in wetlands (i.e., greater than 99% of the time). "Obligate wetland species" for New York State are listed in the National List of Plant Species that Occurs in Wetlands: Northeast (Region 1), 1988, published by the United States Fish and Wildlife Service in cooperation with the National and Regional Interagency Review Panels and as updated from time to time.

PERMIT

That form of written approval required by this chapter for the conduct of a regulated activity within a wetland or wetland buffer.

PERSON

See "applicant."

POLLUTION

Any harmful effect or the contamination or rendering unclean or impure of any wetland or waters by reason of erosion or by any water or other materials discharged or deposited therein.

PROJECT

Any proposed or ongoing action which may result in direct or indirect physical or chemical impact on a wetlands including but not limited to any regulated activity.

REMOVE

To dig, dredge, suck, bulldoze, dragline, blast or otherwise excavate or grade, or the act thereof.

SELECTIVE CUTTING

Any cutting of trees within the boundaries of a wetland or wetland buffer that is not clear-cutting as defined in this section.

SOIL SCIENTIST

A person having special knowledge of the physical, chemical and biological sciences applicable to the genesis and morphology of soils as natural bodies and of the methods to describe, classify and map soil units.

STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR)

The law pursuant to Article 8 of the New York Environmental Conservation Law providing for environmental quality review of actions which might have a significant effect on the environment.

STRUCTURES

Anything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on the ground, including but not limited to buildings, tennis courts, docks, jetties and swimming pools.

WATER TABLE

The zone of saturation at the highest average depth during the wettest season.

WETLAND BUFFER

An area surrounding a wetland that is intended to provide some degree of protection to the wetland from human activity and other encroachment associated with development. The "wetland buffer" shall be subject to the regulations for wetlands as defined in this chapter as it relates to the need to protect wetlands and not to protect the "wetland buffer" itself. The "wetland buffer" shall be determined to be the area generally extending 100 feet horizontally away from and paralleling the wetland boundary but can be greater or less than 100 feet where designated by the approval authority based upon site-specific conditions relating to topography, slopes, soils, etc.

WETLAND/FRESHWATER WETLAND

Areas and waters of the Town of Monroe that are comprised of hydric soils and/or are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation. Finite boundaries of wetlands are to be determined by a qualified ecologist/botanist/wetlands specialist or soil scientist as any area which provides one or more of the wetland functions as recited in § 56-3 of this chapter due to the presence of one or more of the following:

(1)

Hydrophytic vegetation: 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:

(a)

The dominance of obligate and facultative wetland vegetative species. Obligate upland species cannot be present on other than microsites. Obligate and facultative wetland vegetative species are listed in the National List of Plant Species that Occurs in Wetlands: Northeast (Region 1), 1988, published by the United States Fish and Wildlife Service in cooperation with the National and Regional Interagency Review Panels and as updated from time to time.

(b)

Plants with adaptations to inundation and/or saturated soil conditions. Such adaptations include but are not limited to buttressed tree trunks, floating stems, floating leaves, multiple trunks and inflated leaves, stems or roots.

(2)

Hydric soils: areas with somewhat poorly drained, poorly drained and very poorly drained soils as determined by a soil scientist, consistent with either of the following:

(a)

The United States Department of Agriculture Soil Conservation Service (SCS), including but not limited to the following classification of soils identified in Orange County, as may be updated or amended by the SCS:

		Soils List
	Ab	Alden silt loam
	Ac	Alden extremely stony soils
	Be	Basher fine sandy loam
	Ca	Canandaigua silt loam
	Cd	Carlisle muck
	Ce	Carlisle muck, very deep
	Cf	Carlisle muck, ponded
	Fd	Fredon loam
	Ha	Halsey silt loam
	Hh	Histic humaquepts, ponded
	Ma	Madalin silt loam
	Pa	Palms muck
	Pb	Palms muck, ponded
	RA	Raynham silt loam
	Sb	Scarboro mucky sandy loam
	Uf	Udifluvents-fluvaquents complex, frequently flooded
	Wa	Wallkill silt loam
	Wd	Wayland silt loam

(b)

The technical criteria for determining hydric soils as presented in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (Federal Interagency Committee for Wetland Delineation), January 1989.

(3)

Hydrologic indicators. The following water bodies and watercourses are regulated under this chapter:

(a)

Ponds, lakes, reservoirs, marshes, swamps, bogs or other areas of permanent water retention, regardless of origin.

(b)

Natural drainage systems, including rivers, streams and brooks which contain water at least six months of the year, and the associated floodplains of such water sources. Regulated area surrounding such natural drainage systems shall include all adjacent surfaces 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.

WETLAND HYDROLOGY

The sum total of wetness characteristics in areas that are inundated or have saturated soils for sufficient duration to support hydrophytic vegetation.

§ 56-6 Activities requiring permits; exempt activities.

Regulated activities requiring a wetland permit. No regulated activity shall be conducted in a wetland or wetland buffer without a permit from the approval authority. Regulated activities include all activities within a wetland that shall be considered unlawful in the absence of a specific written permit by the approval authority. Regulated activities also include all activities within a wetland buffer as it relates to the protection of the wetland, not the wetland buffer itself. Regulated activities include but are not limited to:

(1)

Placement or construction of a structure greater than 400 square feet.

(2)

Any form of draining, dredging, excavation or removal of material, either directly or indirectly.

(3)

Any form of dumping, filling or depositing of material, either directly or indirectly.

(4)

Installation of any service lines or cable conduits.

(5)

Introduction of any form of pollution, including but not limited to the installation of a septic tank, the running of a sewer outfall or the discharge of sewage treatment effluent or other liquid wastes into or so as to drain into a wetland.

(6)

Alteration or modification of natural features grades and contours.

(7)

Alteration or modification of natural drainage patterns.

(8)

Construction of dams, docks or other water control devices, pilings or bridges, whether or not they change the natural drainage patterns.

(9)

Installation of any pipes or wells.

(10)

Clear-cutting of any area of trees.

(11)

Deposition or introduction of organic or inorganic chemicals, including pesticides and fertilizers.

(12)

Grazing of one or more horses or other animals and any agricultural activity which involves draining or excavation of a wetland.

(13)

Any other activity that may impair the natural function(s) of a wetland as described in §§ 56-3 and 56-4 of this chapter.

Regulated activities requiring an administrative permit. The following regulated activities are determined by this chapter to be limited in scope and limited in potential impact. The approval authority for permits to conduct these regulated activities shall be the Town Engineer/Building Inspector. In the event that, upon review of the request for an administrative permit, the Town Engineer/Building Inspector determines that the granting of an administrative permit would be inappropriate in light of §§ 56-3 and 56-4 of this chapter, the Town Engineer/Building Inspector shall neither approve nor deny the application but rather shall forward the application to the Planning Board for processing in accordance with the procedures set forth in this chapter.

(1)

A regulated activity which does not require subdivision approval, site plan approval or the issuance of a special permit by either the Town Board or the Planning Board and where any deposition or removal of material from the wetland or buffer area is not in excess of 20 cubic yards over a one-year period.

(2)

Construction of a driveway or walkway when the intrusion is less than 25% of the wetland area.

(3)

Crossing of a natural drainage system where a single culvert less than 25 feet in length and 18 inches in diameter is required.

Exempt activities within a wetland or wetland buffer. The following activities are exempt from this chapter to the extent that said activities do not constitute a pollution or erosion hazard or interfere with proper drainage, and provided that the activities do not require structures, grading, fill, draining or dredging:

(1)

Normal ground maintenance, including mowing, trimming of vegetation and removal of dead or diseased vegetation around a residence.

(2)

Repair of walkways, walls, docks, boat-launching facilities and other such water-related structures.

(3)

Decorative landscaping and planting in wetland buffers.

(4)

Public health activities, orders and regulations of the Orange County Department of Health and/or the New York State Department of Health for emergencies only.

(5)

Deposition or removal of natural products of wetlands in the process of recreational or commercial fishing, shellfishing, aquiculture, hunting or trapping, but excluding excavation and removal of peat or timber.

§ 56-7 Wetland permits.

Application. Any person proposing to conduct a regulated activity in a wetland or wetland buffer where such activity requires a wetland permit shall file an application for a permit with the approval authority, which application shall contain the following information:

(1)

The name and address of the property owner and the applicant.

(2)

The street address and Tax Map designation of the property involved.

(3)

A statement of consent from the property owner for any agent making application.

(4)

A statement of proposed plans or activity and the purpose thereof, showing the following:

(a)

The location of the activity or area proposed to be disturbed and its relation to property lines, buildings, roads and watercourses within 250 feet.

(b)

The estimated quantities of materials to be deposited or removed.

(c)

The location of any well and of any waste disposal system within 100 feet of the proposed activity.

(d)

Details of any drainage system proposed to conduct the work.

(e)

Existing and adjusted contours at two-foot intervals in the area of the proposed operation or project and to a distance of 100 feet beyond.

(5)

Applications affecting the water-retention capacity, water flow or other drainage characteristics of any water body, stream, natural drainage system or wetland shall include a statement of the project on upstream and downstream areas, giving appropriate consideration to other than normal levels of watercourses and amounts of rainfall.

(6)

Such other design specifications, engineering studies or impact considerations as the approval authority may deem essential. The approval authority shall notify the applicant within 60 days of receipt if such additional information is necessary.

Application fee. The application shall be accompanied by a fee of $35.

[Amended 10-15-1990 by L.L. No. 8, 1990]

Receipt of application. Upon receipt of the application, the approval authority shall forward one copy of the application to the Town Engineer, one copy to the Town Board and one copy to the Town Clerk. The Town Engineer, or other such professional as may be indicated by the scope of the work involved, shall review the application and shall file a written report with the approval authority with recommendations concerning the application. Such report shall evaluate the proposed regulated activity in terms of the findings, intent and standards of this chapter.

Public hearing. Within 60 days after the receipt of a complete application, the approval authority shall hold a public hearing on such application, notice of such hearing to be published at least 10 days in the newspaper last designated as the official newspaper of the Town of Monroe for the publication of legal notices. All applications, maps and documents relating thereto shall be available for public inspection at the Town Hall. At such hearing, any person or persons having an interest may appear and be heard. To the greatest extent practicable, such hearings shall be incorporated with any other public hearing conducted by the approval authority in connection with the activity for which approval is sought.

Considerations.

(1)

The approval authority shall, within 60 days of the closing of the public hearing, render a decision to approve, deny or approve with modifications the application. If additional applications are pending before the approval authority, the approval authority may render its decision at the same time as its decision on any additional application.

(2)

In approving, denying or approving with modifications an application, the approval authority shall state for the record and file with the Town Clerk written findings and reasons for all actions taken in consideration of the following:

(a)

All evidence offered at any public hearing.

(b)

Any report from other federal, county or town officials.

(c)

Additional data requested by the approval authority.

(d)

All relevant facts and circumstances, including but not limited to:

[1]

The direct and indirect environmental impact of the proposed action on wetlands and/or wetland buffers.

[2]

Alternatives to the proposed action.

[3]

The effect of the proposed activity on wetland functions.

[4]

The proposed safeguards for the protection, preparation and proper maintenance of the wetland.

[5]

The adequacy of safeguards to protect surface water and groundwater resources from drought, pollution, overuse and other forms of misuse.

[6]

The availability of further technical improvements or safeguards that could be added to the plan or action.

[7]

The proposed plans for the replacement and/or enhancement of wetland areas.

Conditions of approval. In approving any application, the approval authority may impose such conditions or limitations as it determines necessary to ensure compliance with the intent, purpose, standards and public policy of this chapter, such as but not limited to the following:

(1)

A performance bond or collateral as a condition of approval, the amount and surety of such bond or collateral to be approved by the Town Board.

(2)

Certification by the applicant of insurance against liability which might result from the proposed operation or use covering any and all damages which might occur or an amount to be determined by the Town Board commensurate with the scope of the proposed action.

Validity of permit. The approval authority may fix a reasonable time for the completion of an action, but unless otherwise specified, it shall be valid for a period of one year. Upon good cause shown, the approval authority may extend the period of validity for an additional one year.

Transfer of permit. Permits may be transferred to new legal owners or applicants of the affected property so long as the conditions and plans, as approved, remain unchanged. Notice of such transfer of permits must be filed with the Town Clerk within 30 days of the transfer.

§ 56-8 Administrative permits.

Application. Any person proposing to conduct a regulated activity in a wetland or wetland buffer requiring an administrative permit shall file an application with the Town Engineer/Building Inspector, which application shall contain the following information:

(1)

The name and address of the property owner and the applicant.

(2)

The street address and Tax Map designation of the property involved.

(3)

A statement of consent from the property owner for any agent making application.

(4)

A statement of the proposed plans or activity and the purpose thereof, showing the following:

(a)

The location of the activity or area proposed to be disturbed and its relation to property lines, buildings, roads and watercourses within 250 feet.

(b)

The estimated quantities of materials to be deposited or removed.

(c)

The location of any well and of any waste disposal system within 100 feet of the proposed activity.

(d)

Details of any drainage system proposed to conduct the work.

(e)

Existing and adjusted contours at two-foot intervals in the area of the proposed operation or project and to a distance of 100 feet beyond.

(5)

Such other design specifications, engineering studies or impact considerations as the Town Engineer/Building Inspector may deem essential. The Town Engineer/Building Inspector shall notify the applicant within 30 days of receipt if such additional information is necessary.

Application fee. The application shall be accompanied by a fee of $35.

[Amended 10-15-1990 by L.L. No. 8, 1990]

Receipt of application. Upon receipt of the application, the Town Engineer/Building Inspector shall forward one copy of the application to the Planning Board and one copy to the Town Clerk. The Town Engineer/Building Inspector shall review the application and any supporting plans and documentation for the purpose of determining whether or not the application is eligible for treatment under the provisions of § 56-6B of this chapter, Regulated activities requiring an administrative permit. If the Town Engineer/Building Inspector requires additional information, plans or specifications in order to make such determination, the applicant shall be notified within 15 days after receipt of the application by the Town Engineer/Building Inspector.

Eligibility. If the Town Engineer/Building Inspector determines that the application is not eligible for an administrative permit or, at his discretion, the Town Engineer/Building Inspector elects not to process the application pursuant to the provisions of this chapter, the Town Engineer/Building Inspector shall so notify the applicant and the Town Clerk, in writing, and forward the application to the Planning Board for processing.

Decision. If the Town Engineer/Building Inspector determines that the application is eligible for an administrative permit, the Town Engineer/Building Inspector shall, within 30 days of receipt of the application, render a decision to approve, deny or approve with modifications the application.

Consideration of action. In approving, denying or approving with modification an application, the Town Engineer/Building Inspector shall provide written findings and reasons for the actions taken and file them with the Town Clerk and Planning Board. Such findings and reasons shall take into consideration the following:

(1)

All relevant facts and circumstances, including but not limited to:

(a)

The direct and indirect environmental impact of the proposed action on wetlands and/or wetland buffers.

(b)

Alternatives to the proposed action.

(c)

The effect of the proposed activity on wetland functions.

(d)

The proposed safeguards for the protection, preparation and proper maintenance of the wetlands.

(e)

The adequacy of safeguards to protect surface water and groundwater resources from drought, pollution, overuse and other forms of misuse.

(f)

The availability of further technical improvements or safeguards that could be added to the plan or action.

(2)

Any report from other town officials, boards or federal and county officials.

Conditions of approval. In approving an administrative permit, the Town Engineer/Building Inspector may impose such conditions or limitations as determined necessary to ensure compliance with the intent, purpose, standards and public policy of this chapter, such as but not limited to the following:

(1)

A performance bond or collateral as a condition of approval, the amount and surety of such bond or collateral to be approved by the Town Board.

(2)

Validity. The Town Engineer/Building Inspector may fix a reasonable time for the completion of an action, but unless otherwise specified, an administrative permit shall be valid for a period of one year.

Transfer of permits. Administrative permits may be transferred to new legal owners or applicants of the affected property so long as the conditions and plans, as approved, remain unchanged. Notice of such transfer of permits must be filed with the Town Clerk within 30 days of the transfer.

§ 56-9 Appeals; judicial review.

Zoning Board of Appeals. Any person aggrieved by any decision of the approval authority in granting either an administrative permit or a wetland permit may take an appeal to the Town Zoning Board of Appeals within 20 days from the filing of said decision with the Town Clerk. Upon receipt of the notice of appeal, the Town Clerk shall forward a copy thereof to the Zoning Board of Appeals at its next regular meeting, and the Zoning Board of Appeals shall set a time within 30 days thereafter when a hearing on such appeal will be heard. At such hearing, any interested person or agency, including but not limited to the appellant and the Town Engineer/Building Inspector, may appear and give testimony.

Appeal decision. Within 30 days after the close of the hearing, the Zoning Board of Appeals shall issue a decision providing for one of the following:

(1)

Affirming the action taken by the approval authority.

(2)

Affirming with modifications the action taken by the approval authority.

Stay in decision. The filing of a notice of appeal pursuant to the provisions of this section shall automatically affect a stay in the decision of the approval authority, and such stay shall remain in effect until the appeal has been acted upon by the Zoning Board of Appeals as provided for in this section.

Judicial appeal. Any person aggrieved by a decision of the Planning Board or the Zoning Board of Appeals may appeal in accordance with the provisions of Article 78 of the New York Civil Practice Law and Rules.

§ 56-10 Order to cease work; revocation of permit.

In the event that there is a violation of any provision of the permit or any condition duly imposed, wherein the violation may create irreparable damage to the wetland or wetland buffer, the permit holder or agent or contractor shall, at the sole direction of the Town Engineer of the Town of Monroe, be issued a written order to cease all work creating or causing said violation. Said notice shall be delivered in person or by certified or registered mail.

The permit holder shall appear before the approval authority at a special hearing not more than 14 days from the date that the notice of cease work is received by the permit holder. If, after the special hearing, the approval authority finds and determines that the applicant has failed to comply with any of the terms and conditions set forth in the application and/or permit, the approval authority may revoke the permit.

§ 56-11 Penalties for offenses.

Any person found to have violated or disobeyed any provision of this chapter, any order of the approval authority or any condition duly imposed by the approval authority in a permit granted pursuant to this chapter shall, for the first offense, be guilty of a violation punishable by a fine of not less than $50 nor more than $100. For each subsequent offense, such person shall be guilty of a violation punishable by a fine of not less than $500 nor more than $1,000 and imprisonment for not more than 30 days. The imposition of penalties herein prescribed shall not preclude the town from instituting appropriate legal actions or proceedings to prevent or enjoin any violation of this chapter.