This chapter shall be known as "The Wetlands Law of the Village of Airmont."
The Board of Trustees finds and declares it to be the public policy
of the Village to preserve, protect and conserve the wetlands, water bodies
and watercourses in the Village of Airmont and the benefits derived therefrom,
to prevent the despoliation and destruction and to regulate the use and development
thereof to secure the natural benefits of wetlands, water bodies and watercourses
consistent with the general welfare and beneficial economic and social development
of the Village. In this connection, the Board of Trustees finds as follows:
A. Freshwater wetlands are invaluable resources for flood
and storm control, fish and wildlife habitat, protection and provision of
groundwater, recreation, pollution treatment, erosion control, environmental
education and open space.
B. The preservation and maintenance of wetlands, water bodies
and watercourses in an undisturbed and natural condition constitute important
physical, ecological, social, aesthetic, recreational and economic assets
necessary to promote the health, safety and general welfare of present and
future residents of the Village and of downstream drainage areas.
C. It is the intent of this chapter to implement the Freshwater
Wetlands Act of the State of New York as presently contained in Article 24
of the Environmental Conservation Law, as the same may be amended from time
to time, to the extent that said Freshwater Wetlands Act applies to property
within the Village of Airmont, and to promote the public purposes identified
therein and in this section by providing for the protection, preservation,
proper maintenance and use of the Village's wetlands, water bodies and watercourses
by preventing or minimizing erosion due to flooding and stormwater runoff,
by maintaining the natural groundwater supplies, preserving and protecting
the purity, utility, water retention capability, ecological functions, recreational
usefulness and natural beauty of all wetlands, water bodies, watercourses
and other related features of the terrain and by providing and protecting
appropriate habitats for natural wildlife.
For the purpose of this chapter, wetlands are defined as all lands and
waters of the Village of Airmont, including but not limited to any such lands
and waters hereafter designated on the State Wetlands Map, which have a contiguous
area of at least 1/10 of an acre and which contain any or all of the following:
A. Lands and submerged lands commonly called marshes, swamps,
sloughs, bogs and flats, whether flooded at all times, flooded only seasonally
or having a water table during at least three consecutive months of the year
within six inches of the ground surface or supporting aquatic or semiaquatic
vegetation of the types listed in § 24-0107, Subdivision 1(a), of
Article 24 of the Environmental Conservation Law. The common names of these
vegetative types are:
(1) Wetland trees, which depend upon seasonal or permanent
flooding or sufficiently waterlogged soils to give them a competitive advantage
over other trees, including, among others, red maple, willows, black spruce,
swamp white oak, red ash, black ash, silver maple, American elm and larch.
(2) Wetland 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, buttonbush, bog rosemary,
dogwoods and leatherleaf.
(3) Emergent vegetation, including, among others, cattails,
pickerelweed, bulrushes, arrow arum, arrowheads, reed, wild rice, bur reeds,
purple loosestrife, swamp loosestrife and water plantain.
(4) Rooted, floating-leaved vegetation, including, among
others, water lily, water shield and spatterdock.
(5) Free-floating vegetation, including, among others, duckweed
and watermeal.
(6) Wet meadow vegetation, which depends upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them a competitive
advantage over other open land vegetation; including, among others, sedges,
rushes, cattails, rice cut-grass, reed conary grass, swamp loosestrife and
spike rush.
(7) Bog mat vegetation, including, among others, sphagnum
mosses, bog rosemary, leatherleaf, pitcher plant and cranberries.
(8) Submergent vegetation, including, among others, pondweeds,
naiads, bladderworts, wild celery, coontail, water milfoils, muskgrass, water
weeds and water smartweed.
B. 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.
C. Lands and water substantially enclosed by aquatic or semiaquatic vegetation as set forth in §
206-3A of this chapter or by dead vegetation as set forth in §
206-3B of this chapter which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
D. The waters overlying the areas set forth in §
206-3A and
B and the lands underlying §
206-3C of this chapter.
E. Lands and submerged lands containing poorly drained soils,
as defined by the United States Department of Agriculture including, but not
limited to, the following:
(1) Poorly drained glacial till:
(3) Alluvium soils:
(c) (103) Fluvaquents and Humaquepts.
Except as provided in §
206-5 of this chapter, it shall be unlawful to conduct, directly or indirectly, any of the following activities upon any wetland, water body or watercourse or within 100 feet of the boundary of any wetland, water body or watercourse unless a permit is obtained pursuant to the requirements of this chapter:
A. Any form of drainage, dredging, excavation or removal
of material, except removal of debris or refuse.
B. Any form of depositing of any material such as but not
limited to soil, rock, debris, concrete, garbage, chemicals, etc.
C. Erecting any building or structure of any kind, roads,
the driving of pilings or placing of any other obstructions, whether or not
they change the ebb and flow of the water.
D. Installing a septic tank, running a sewer outfall, discharging
sewage treatment effluent or other liquid waste into or so as to drain into
any wetland, water body or watercourse.
E. Any other activity which substantially impairs any of the several functions served by wetlands, water bodies and watercourses or the benefits derived therefrom as set forth in §
206-2 of this chapter.
The following activities are permitted by right within or adjoining
any wetland, water body or watercourse, except where the Planning Board submits
written notification to the property owner that it is assuming jurisdiction
over the activity for the purpose of assuring that the intent of this section
is not violated:
A. The depositing or removal of the natural products of
the wetlands, water bodies or watercourses by recreational or commercial fishing,
agriculture, hunting or trapping where otherwise legally permitted.
B. Outdoor recreation activity that does not materially
alter the natural state of the land or require construction, including use
of field trails for nature study, hiking or horseback riding, swimming, skin
diving and boating, where otherwise legally permitted.
C. Grazing, farming and harvesting of crops where otherwise legally permitted; provided, however, that any tillage of soil shall leave an undisturbed strip not less than six feet wide at the edge of any wetland, watercourse or water body to prevent erosion. With respect to any properties designated on the State Wetlands Map, the activities of farmers and other landowners in grazing and water livestock, making reasonable use of water resources, harvesting natural products of the wetlands, selectively cutting brush and timber, draining land or wetlands for growing agricultural products and otherwise engaging in the use of wetlands or other land for growing agricultural products shall be excluded from regulated activities and shall not require a permit under §
206-4 of this chapter, except that structures not required for the enhancement or maintenance or the agricultural productivity of the land and any filling activities shall not be excluded hereunder, and provided that the use of wetlands, water bodies and watercourses for uses other than those referred to in this subsection shall be subject to the provisions of this chapter. Each farmer or landowner who intends to conduct an activity described in this subsection which would otherwise be regulated shall notify the Planning Board, in writing, of his intention to engage in such activity, stating the approximate acreage to be affected, the general location thereof, the use or uses to be made of such land and the methods to be employed.
D. Gardening where otherwise legally permitted; provided,
however, that any tillage of soil shall leave an undisturbed strip not less
than six feet wide at the edge of any wetland, watercourse or water body to
prevent erosion.
E. Operation and maintenance of such dams, retaining walls,
terraces, sluices, culverts or other water control structures or devices as
legally existed on the effective date of this section.
F. Public health activities as exemplified by orders and
regulations of the Rockland County Department of Health. The Department of
Health shall notify the Planning Board, in writing, of the proposed activity
it will undertake.
G. Any actual and ongoing emergency activity as defined
by the Board of Trustees which is immediately necessary for the protection
and preservation of life or property or the protection or preservation of
natural resource values.
Except as hereinafter provided, it shall be unlawful for any person,
firm, entity or corporation to:
A. Place, deposit or permit to be placed or deposited any
debris, fill, sand, stone or other solid materials of any kind or nature or
construction of any kind into or across any stream, pond, ditch, culvert,
pipe, watercourse or other drainage system, whether artificial or natural,
shown on the Official Map of the Town of Ramapo.
B. Construct and/or place any ditch, pipe, culvert or artificial
watercourse of any kind or nature which shall collect and direct the flow
of natural surface waters or drainage or increase in intensity or quantity
the flow of surface waters or drainage from paved surfaces, structures, roads
or improvements directly into any stream, pond, ditch, culvert, pipe or watercourse
or other drainage system shown on the Official Map of the Town of Ramapo.
C. Fill, obstruct, dam, divert or otherwise change or alter
the natural or artificial flow of waters or drainage or the intensity or quantity
of flow, through any stream, ditch, pipe, pond, culvert, watercourse or other
improvement or drainage system shown on the Official Map of the Town of Ramapo.
Review of the determination of the Planning Board shall be, within a
period of 30 days after the filing thereof, pursuant to the provisions of
Title II 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 with respect to the properties designated on the State Wetlands
Map or otherwise regulated by the state.
All applications for a Wetlands Permit shall be accompanied by a fee
in accordance with the Fee Schedule adopted by the Board of Trustees.
Pursuant to Title 23 of Article 71 of the Environmental Conservation
Law, 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
Planning Board upon due notice, and with rights to specification of the charges
and representation by counsel.
B. The Planning Board shall also have the power, following
a hearing, to direct a violator to cease violation of this chapter and, under
the Board's supervision, to satisfactorily restore the affected freshwater
wetland or watercourse to its condition prior to the violation, insofar as
that is possible, within a reasonable time and under the supervision of the
Planning Board.
C. Any civil penalty or order issued by the Planning Board
shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules.
D. In addition to the above civil fine, any person who violates
any provision of this chapter shall be guilty of a violation pursuant to the
Penal Law punishable by a fine of not less than $500 nor more than $1,000.
For a second and each subsequent offense, the violator shall be guilty of
a misdemeanor punishable by a fine of not less than $1,000 nor more than $2,000
or a term of imprisonment of not less than 15 days nor more than 6 months,
or both. Each offense shall be a separate and distinct offense and, in the
case of a continuing offense, each day's continuance thereof shall be deemed
a separate and distinct offense. Instead of these punishments, any offender
may be punishable by being 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 restoration shall be effected under the supervision of the Commissioner
of the Department of Environmental Conservation or of the Village. Each offense
shall be a separate and distinct offense and, in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate and distinct
offense.
E. The Planning Board shall have the right to seek equitable
relief to restrain any violation or threatened violation of any provision
of this chapter.
The Code Inspector or Building Inspector shall issue and post notices
of violations of this chapter. In addition, by resolution, the Board of Trustees
may direct the Code Inspector or Building Inspector to make such inspection
and reports, initiate and take such court proceedings and perform all other
actions as required by the Board of Trustees as may be necessary to enforce
this chapter or to invoke penalties for its violation.
For the purpose of this chapter, certain words and terms used herein
are defined as follows:
BUILDING
Any structure having a roof, self-supporting or supported by columns
or walls, which is permanently affixed to the ground, and intended for the
shelter, housing or enclosure of persons, animals or chattel.
DEPOSIT
To fill, place, eject, discharge or dump any material but not including
stormwater.
MATERIAL
Soil, stones, sand, gravel, clay, bog, peat, mud, debris and refuse
or any other organic or inorganic substance, whether liquid, solid or gaseous
or any combination thereof.
STATE WETLANDS MAP
The wetlands map prepared by the State of New York pursuant to Article
24 of the Environmental Conservation Law.
STRUCTURE
Anything constructed or erected, the use of which requires location
on the ground or attachment to something having location on the ground. Included
are swimming pools, parking garages and tennis courts, but not anything requiring
only simple paving or surfacing of the ground such as parking lots, driveways
or sidewalks.
WATER BODIES
Any body of standing water which is not dry more than three months
of the year as computed from the average of the last two consecutive calendar
years and which, when wet, is customarily more than 500 square feet in water
surface area.
WATERCOURSES
Any body of flowing water flowing in an identifiable channel or course
and which is not dry more than three months of the year.
ZONING DISTRICT
A zoning district as specified in Chapter
210, Zoning, of the Code of the Village of Airmont.
ZONING LAW
The Zoning Law in effect in the Village of Airmont.