[HISTORY: Adopted by the Town Board of the Town of Clifton Park 12-19-1988
by L.L. No. 27-1988. This local law superseded former Ch. 124, Freshwater
Wetlands, adopted 8-30-1976 by L.L. No. 4-1976, as amended. Amendments noted
where applicable.]
[Amended 4-6-1998 by L.L.
No. 2-1998]
A.Â
The Town of Clifton Park ("town") finds that streams
and freshwater wetlands are valuable natural resources as they provide flood
protection, wildlife habitat, open space, water quality enhancement, recreation
opportunities and other benefits which, if preserved and maintained in an
undisturbed, natural condition, constitute important assets to existing and
future residents of the town.
B.Â
It is the intent of the town to protect the present and
future citizens of the town by preserving streams and freshwater wetlands
and the benefits derived therefrom.
C.Â
It is the intent of the town that there be a review board
whose purpose is to provide input to the applicants and appropriate federal,
New York State and local government agencies to ensure that local concerns
for streams and wetlands are addressed in the planning and implementation
of projects within the town.
D.Â
This review board shall be the Town of Clifton Park Environmental
Conservation Commission (ECC), which shall review applications for wetlands
or stream disturbance permits submitted to local, New York State or federal
governmental bodies and provide input thereto.
[Amended 4-6-1998 by L.L.
No. 2-1998]
This chapter shall be known and may be cited as the "Freshwater Wetlands
and Stream Protection Law of the Town of Clifton Park."
[Amended 4-6-1998 by L.L.
No. 2-1998]
The following terms, phrases, words and their derivatives shall have
the meanings given herein:
Any person who files for a permit, letter of permission, authorization,
approval or other governmental review.
Any form of draining, dredging, excavating or removing of soil, mud,
sand, shells, gravel or other aggregate; any form of dumping, filling or depositing
of any soil, stones, sand, gravel, mud, rubbish or fill of any kind, whether
directly or indirectly; the erecting of any structures or roads; the driving
of pilings or the placing of any other obstructions, whether or not the ebb
or flow of water is changed; any form of pollution, including but not limited
to sewage, industrial wastewater, untreated stormwater runoff and cooling
water.
Those lands and waters within the Town of Clifton Park as shown on
the most recent Freshwater Wetlands Map promulgated by the New York State
Department of Environmental Conservation pursuant to § 24-0301 of
Article 24 (Freshwater Wetlands) of the Environmental Conservation Law. The
extent of New York State freshwater wetlands must be confirmed by New York
State Department of Environmental Conservation personnel.
That form of approval or letter of permission given by the New York
State Department of Environmental Conservation for regulated activities in
freshwater wetlands (as defined in Article 24, Title 7, of the New York State
Conservation Law).
That form of approval given by the New York State Department of Environmental
Conservation for regulated activities in classified streams (as defined in
Article 15, Title 5, of the New York State Conservation Law).
That form of approval (nationwide or individual permit), letter of
permission or authorization given by the United States Army Corps of Engineers
for conducting regulated activities in federal jurisdictional wetlands (as
defined in 33 CFR 320).
Any corporation, firm, partnership, association, trust, estate, one
or more individuals or any unit of government or agency thereof.
As a result of human activities, the presence in the environment
of chemical substances or physical conditions in quantities that may adversely
impact natural resources, vegetation, fish, wildlife, human populations and
property.
Those activities which may adversely impact the structure and function
of freshwater wetlands and streams. Such activities include, but are not limited
to, those listed under "disturbance."
Classified streams located in the Town of Clifton Park that have
been indexed and/or mapped by the New York State Department of Environmental
Conservation. A composite of such mapping is on file with the Town Clerk.
Those wetlands defined by the United States Army Corps of Engineers
and the United States Environmental Protection Agency as those lands that
are inundated or saturated by surface or ground water at a frequency and duration
that is sufficient to support, and under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions.
The extent of federal jurisdictional wetlands shall be determined by the methodologies
presented in the Corps of Engineers Wetlands Delineation Manual (Technical
Report Y-87-1), US Army Engineer Waterways Experiment Station, Vicksburg,
Mississippi, or latest version, or by alternative methodologies approved by
the US ACOE.
[Amended 4-6-1998 by L.L.
No. 2-1998]
Where feasible, the town shall consult with all appropriate state and
federal agencies regarding wetlands policies, regulations and programs.
[Amended 4-6-1998 by L.L.
No. 2-1998]
A.Â
Stream disturbance.
(1)Â
Except as provided in Subsection A(2) of this section, no person or local public corporation may change or disturb any stream, its bed or banks nor remove from its bed or banks sand, gravel or other material without a permit issued from the Town of Clifton Park.
(2)Â
Exceptions to the permit requirement are the following:
(a)Â
A local public corporation that has entered into a written
memorandum of understanding with the New York State Department of Environmental
Conservation regarding the conduct of activities in local streams.
(b)Â
Any person actively cultivating agricultural land, provided
that the exception applies to crossing of protected streams by livestock and
farming equipment and to the withdrawal of water for irrigation purposes in
a manner which does not alter the stream.
B.Â
Freshwater wetlands, New York State.
(2)Â
The following activities or persons shall be exempt from
ECC review:
(a)Â
The deposition or removal of the natural products of
freshwater wetlands or streams by recreational or commercial fishing, shellfishing,
agriculture, and hunting or trapping.
(b)Â
Each farmer or landowner who intends to conduct a regulated activity that includes grazing and watering livestock, making reasonable use of water resources, harvesting natural products of wetlands, selectively cutting timber (as long as the farmer or landowner complies with Chapter 184, Selective Cutting of Timber, of the Code of the Town of Clifton Park), draining wetlands for growing agricultural products and otherwise using wetlands for growing products. However, individuals engaging in this activity shall notify the ECC, in writing, regarding the nature of the proposed activity, including the location and approximate acreage of freshwater wetlands affected, the intended use of the land affected and the methods to be used. Any farmer or landowner that has filed a plan for the agricultural use of the property with the Soil and Water Conservation District is exempt from the notification requirement.
(c)Â
Public health activities, orders and regulations of the
New York State Department of Health.
(d)Â
Any actual and ongoing emergency activity which is necessary
for the protection and preservation of life, property or natural resources,
including search and rescue operations, prevention of pollution, disease control,
prevention of flooding and storm damage and public health activities.
(e)Â
An other activities listed as exempt in 6 NYCRR 663.4.
A.Â
Any person proposing to conduct a regulated activity
upon any stream, New York State freshwater wetland and regulated adjacent
area or federal jurisdictional wetland greater than 1/3 acre shall file an
application for review by the ECC. Application forms shall be made available
through and filed with the Town Clerk, together with a filing fee of $50.
Such application shall include a detailed description of the proposed activity
and a map or plan showing the area of the stream and/or freshwater wetland
that would be affected, as well as the location of the proposed activity,
and any other information that ECC requires to enable it to review the activity.
[Amended 4-6-1998 by L.L.
No. 2-1998]
B.Â
The application shall be accompanied by a list of the
names and mailing addresses of the owners of record of lands adjacent to the
freshwater wetland and/or stream or adjacent area upon which the project is
to be undertaken and the names and mailing addresses of known claimants of
water rights which relate to any land within the boundary of or within 100
feet of the boundary of the property on which the proposed regulated activity
is to be located.
A review of the regulated activity by the ECC does not relieve the applicant
of the necessity to obtain authorization from other agencies which have jurisdiction
over the project proposal and to comply with all other applicable federal,
state and local laws and regulations.
[Amended 4-6-1998 by L.L.
No. 2-1998]
A.Â
The ECC may elect to hold a public hearing in conjunction
with a public hearing scheduled by the appropriate legislative body before
which an application is pending (Zoning Board of Appeals, Planning Board or
Town Board). Said hearing will be held at a regularly scheduled Zoning Board,
Planning Board or Town Board meeting.
B.Â
If the proposed regulated activity is of a minor nature
(that is, if implemented, the activity would not adversely affect any stream
of freshwater wetland), ECC mu elect not to hold a public hearing on the application.
C.Â
Following ECC review of the application:
(1)Â
The ECC shall make, in writing, specific recommendations
concerning the regulated activity.
(2)Â
Recommendations by the ECC must be made within 15 days
of the hearing date.
(3)Â
These recommendations shall be forwarded, in writing,
to the Planning Board, Zoning Board of Appeals or Building Department, as
appropriate, for use in their site plan approval, special use permit, variance
or building permit review processes. If the ECC disapproves the activity or
recommends modifications thereto, the Planning Board and/or Zoning Board of
Appeals shall not act contrary to such disapproval or recommendation, except
by a vote of a majority plus one of all the members of the Board.
(4)Â
Where approvals are concurrently sought from other governmental
agencies, the ECC may forward recommendations to the New York State Department
of Environmental Conservation and/or the United States Army Corps of Engineers,
as appropriate.
D.Â
In reviewing the proposed regulated activity, the ECC
shall consider whether:
(1)Â
The proposed activity is consistent with the policy of
this chapter.
(2)Â
The proposed regulated activity is consistent with local
zoning, land use regulations and the Comprehensive Plan.
(3)Â
Permits and approvals are required from other governmental
agencies.
(4)Â
The proposed activity is compatible with public health,
safety and welfare.
(5)Â
The proposed activity is reasonable and necessary.
(6)Â
There is a reasonable alternative for the activity on
lands that do not contain streams or wetlands.
(7)Â
The applicant has designed the project in a manner that
would minimize actual or potential impacts to streams or wetlands.
E.Â
The applicant shall have the burden of demonstrating
that the proposed regulated activity will meet the standards set forth in
this section.
A.Â
In making recommendations on regulated activities, the
ECC shall consider the effect of the proposed activity with reference to the
public health and welfare, fishing, flood, hurricane and storm dangers and
protection or enhancement of the several functions of the freshwater wetlands
and the benefits derived therefrom which are set forth hereinabove.
B.Â
In reviewing the proposed regulated activity, the ECC
shall consider whether:
(1)Â
The proposed regulated activity is consistent with the
policy of this chapter to preserve, protect and conserve freshwater wetlands
and/or streams and the benefits derived therefrom, to prevent the despoliation
and destruction of freshwater wetlands and to regulate the development of
such wetlands in order to secure the natural benefits of freshwater wetlands
consistent with the general welfare and beneficial economic, social and agricultural
development of the town.
(2)Â
The proposed regulated activity is consistent with the
land use regulations applicable in the town pursuant to Article 24 of the
State Environmental Conservation Law.
(3)Â
The proposed regulated activity is compatible with public
health and welfare.
(4)Â
The proposed regulated activity is reasonable and necessary.
(5)Â
There is a reasonable alternative for the proposed regulated
activity on a site which is not a freshwater wetland and/or stream or adjacent
area thereto.
C.Â
The applicant shall have the burden of demonstrating
that the proposed regulated activity will be in accord with the standards
set forth in this section.
