The Town Board is hereby authorized and empowered
to create a Water Control Commission, which shall consist of five
resident members, who shall be qualified by reason of training or
experience in engineering, in water-related science, community planning,
conservation, landscape architecture, wildlife management, forestry,
ecology, hydrology or other related business or profession. The Commission
may also obtain access to such training through qualified consultants.
The members and the Chairman of the Water Control Commission shall
be appointed by the Town Board, and the Town Board may authorize and
budget for such expenses as may be necessary and proper. If a previous
Commission does not exist, of the members first appointed, one shall
hold office for the term of one year, one for the term of two years,
one for the term of three years, one for the term of four years and
one for the term of five years. If a previous Commission does exist,
its successors shall be appointed for terms of five years from and
after the expiration of the terms of their predecessors in office.
If a vacancy shall occur other 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 at such times as the Commission
may determine, Three members of such Commission shall constitute a
quorum for holding a hearing and making a decision on 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.
Every decision, recommendation or determination
of the Commission and Town Engineer shall be filed in the office of
the Town Clerk and shall be a public record. The Water 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 amendments or repeal thereof shall take effect immediately upon
filing in the office of the Town Clerk, after approval by the Town
Board.
The Town Engineer or consulting engineer shall
furnish to the Water Control Commission such recommendations and engineering
data as the Commission shall request and require, the Town Engineer
or consulting engineer shall advise the Commission on all other matters
within the jurisdiction of the Commission and, upon request of the
Commission, shall be present at the meetings and deliberations of
the Commission.
The powers and duties of the Water Control Commission
shall be as follows:
A.
Review and action. The Water Control Commission shall review applications for and take appropriate action on projects submitted within its jurisdiction pursuant to Article V of this chapter.
B.
Establishing boundaries of controlled areas. In connection with each application, the boundaries of a controlled area shall be established by the Water Control Commission or by consultants retained by the Commission in accordance with § 63-4 of this chapter.
C.
Compliance with SEQRA. For each application submitted
to the Water Control Commission, the Commission shall, pursuant to
the requirements of SEQRA, make a determination of significance of
the proposed action when none has been made by any other agencies
and, further, determine appropriateness of acting as the lead agency
and any requirement for a draft environmental impact statement when
necessary.
D.
Power to grant or deny. The Commission shall have
the power to grant or deny wetlands activity permits to conduct activities
regulated under this chapter, but permits will be granted only when
they do not violate the intent and purposes of this chapter or the
State Freshwater Wetland Act.
E.
Administrative permit referrals. The Commission shall have the power to refer applications to the Town Engineer for issuance of an administrative permit in addition to those administrative actions listed in § 63-8C of this chapter.
F.
Advisory and educational functions. The Water Control
Commission shall investigate and report upon water conservation and
drainage problems referred to it by the Town Board, Town Planning
Board or the general public, shall coordinate Town of Pound Ridge
water planning with the planning of adjacent communities, counties
and adjacent governmental authorities and shall increase public knowledge
and awareness of sound wetland management.
G.
Power to require restoration. The Water Control Commission shall have the power to determine whether a person who has violated any of the provisions of § 63-8 of this chapter shall be required to restore, within reason, the disturbed area to its original condition, to specify a reasonable time limit for such restoration and to order such restoration.
H.
The Commission shall have the power to:
(1)
Application fees. Recommend to the Town Board the
application fees for permits to conduct activities under this chapter
and to collect such fees.
(2)
Bonds. Set, collect, recommend and hold bonds as it
deems necessary as a condition of a permit granted under this chapter
to ensure compliance with the terms of the permit.
(3)
Administrative fees. Set and collect engineering and
administrative fees where the same may be appropriate as determined
by the Commission.
I.
Power to advise on administrative permits. The Water
Control Commission may act as advisor to the Town Engineer or consulting
engineer, at his request, for administrative permits.
J.
Power to inspect controlled areas on private property.
The Commission or its agents and the Town Engineer shall have the
right to enter and inspect controlled areas on private property for
the purpose of administering and enforcing the provisions of this
chapter. Such access shall be upon reasonable notice or attempt thereof
to the landowner under the circumstances.
K.
Other duties: Other duties and powers granted to it
by other ordinances of the Town.
[Added 12-10-1987 by L.L. No. 7-1987]
