Application forms for a wetlands activity or
administrative permit under this chapter shall be obtained from the
Town Engineer, and shall include the following information:
A.
Name/address. The name, address and telephone number
of applicant, and, if the applicant is not the owner, the written
consent of the owner must be attached.
B.
Tax Map designation. The street address and Tax Map
designation of property involved.
C.
List
of property owners. A list of adjacent and nearby property owners
within 500 feet of the perimeter of the subject property be notified.
[Amended 12-8-2016 by L.L. No. 2-2016]
D.
Plans/specifications. Detailed plans and specifications
for the proposed wetlands activity, drawn to a scale of not smaller
than one inch equals 50 feet, showing the following
(1)
Location of wetlands, minimum activity setback area
and disturbed areas. The location of the construction area proposed
to be disturbed and its relation to property lines, buildings, roads,
controlled areas and watercourses within 250 feet.
[Amended 12-10-1987 by L.L. No. 7-1987]
(2)
Quantity of material. Estimated quantities of material
to be deposited or removed.
(3)
Location of wells/septics. The location of any well
and depth thereof and of any waste disposal system within 250 feet
of the proposed operation or project.
(4)
Drainage system details. The details of any drainage
system proposed both for the construction process of the system and
the final development and maintenance of the system.
(5)
Construction details/deposition of spoil. Where creation
or enlargement of a lake or pond is proposed, details of the construction
of any dams, embankments, outlets or other water-control devices and
of deposition of the spoil material.
(6)
List of affected functions. A list of all beneficial
functions of the wetland which will be affected by the application.
(7)
Details of protection procedure. A diagram showing
what erosion controls will be installed and a schedule for their installation
and maintenance.
(8)
Construction schedule. A schedule of the construction
activities to occur under the requested wetlands activity permit
[Added 12-10-1987 by L.L. No. 7-1987]
(9)
SEQR form. A completed environmental assessment form
(EAF) for the proposed activities requested under the wetlands activity
permit.
[Added 12-10-1987 by L.L. No. 7-1987]
Applications may, in addition to the items listed in § 63-9 herein, be required to include existing and adjusted contours at two-foot intervals in the area of the proposed operation or project and to a distance of 50 feet beyond said operation or project when the Commission or Town Engineer feels that the inclusion of such information is necessary to the proper evaluation of the application. The Commission or Town Engineer shall notify the applicant within 45 days of receipt of an application if such additional information is necessary.
Each application shall be accompanied by an
application fee, as set from time to time. No application shall be
considered complete by the Commission or the Town Engineer until the
application fee has been received by the Town.
Applications affecting the water retention capacity,
water flow or other drainage characteristics of any pond, lake, reservoir,
natural drainage system or wetland shall include a statement and numerical
calculations of the impact of the project on upstream and downstream
areas giving appropriate consideration to other than normal levels
of watercourses and amounts of rainfall, specifically the one-hundred-year
storm.
Applications should also contain such other
design specifications, engineering studies or impact considerations
as the approval authority may deem necessary.
The applicant shall provide any other information
the applicant feels is necessary to demonstrate that the proposed
activity is not adverse to the general health, safety or economic
and general welfare of the residents of Pound Ridge.
[Amended 12-10-1987 by L.L. No. 7-1987]
Four completed copies of the application, together
with four copies of the specified supporting plans and documentation,
including an environmental clearance form or environmental assessment
form where necessary, shall be filed with the Town Engineer, who shall
retain one copy and forward three copies to the Commission. Applications
under this chapter involving subdivision, site development plan or
special permit approval by the Planning Board or Town Board shall
be submitted concurrently with the application for such preliminary
subdivision approval, site development plan approval or special permit
approval.
Plans and specifications for all applications
requiring Commission approval shall be prepared and certified by an
engineer, landscape architect or architect licensed by the State of
New York.
Plans and specifications for applications requiring
approval of the Town Engineer need not be prepared and certified by
a licensed practitioner but shall be neat, complete, fully definitive
of all details of the proposed operation or project and capable of
reproduction.
Following receipt of an application determined
by the Water Control Commission to be complete, the Commission may
call a public hearing on any application and shall call a public hearing
where requested by the applicant or where required by other applicable
statutes.
[Amended 12-10-1987 by L.L. No. 7-1987; 12-8-2016 by L.L. No. 2-2016]
Notice of hearings shall be given in the same manner as prescribed for the approval of plats and the Applicant shall notify all property owners of record as listed in accordance with § 63-9C. Such service shall be made by mail and shall be made at least 14 days before the date set for the hearing.
Any applicant may withdraw his/her application at any time prior to the Commission's final action on it. Any application fee paid by the applicant, as outlined in § 63-11 of this chapter, shall not be refunded to any applicant who so withdraws his/her application, except where insubstantial review has been completed by the Commission.
Within 45 days from the close of any public hearing pursuant to § 63-18 hereof or in accordance with the time schedules established under SEQR, where applicable, the Commission shall render a written decision to approve, deny or approve with modifications the application, giving due consideration to the findings and recommendations of the Town Engineer, where appropriate. Such decision shall include a statement of findings upon which the Commission has relied in its decision. In approving any application, the Commission may impose such conditions as it determines necessary to ensure compliance with the intent and purposes of this chapter. The Commission shall file a copy of its decision with the Town Engineer as authorization to issue a permit.
When the proposed scope of work affects lands
requiring subdivision approval by the Planning Board, the Water Control
Commission shall render its determination to the Planning Board within
time limits specified by the Planning Board as being necessary to
comply with the Land Development Regulations.[1] Failure to render a decision within the time limits set
forth shall not be deemed an approval of the application. However,
failure to render a decision within said time limit shall not prevent
the Planning Board from rendering its determination on the subdivision.
In granting, denying or granting a permit with
conditions, the Commission shall consider the following:
A.
Evidence: all evidence offered at or before any public
hearing.
B.
Reports: any reports from other commissions and/or
federal, state or Town agencies.
C.
Requested information: additional requested information.
D.
Other data: all relevant facts and circumstances,
including but not limited to the following
(1)
Environmental impact. The environmental impact of
the proposed action.
(2)
Alternatives. The alternatives to the proposed action.
(3)
Health and safety. Whether the proposed action will
have a deleterious effect on the general health, safety or economic
and general welfare of the residents of Pound Ridge or its neighboring
communities.
(4)
Wetland safeguards. Whether the proposed action will
have adequate safeguards for the protection and preservation of the
environment and proper maintenance of any affected ponds or controlled
areas, including lakes, reservoirs, natural drainage systems and wetlands
and the natural functions of and the benefits derived from such areas.
(5)
Groundwater safeguards. Whether the proposed action
will have adequate safeguards employing the best available technology
to protect the potable fresh surface and ground water supplies of
the Town from drought, pollution, overuse and other forms of misuse.
(6)
Environmental protection. Whether the proposed action has been planned, designed or constructed so as to create minimal disturbance; to prevent or mitigate damage from erosion, turbidity or siltation; to preserve the natural flora and fauna and their habitat; to protect against flood and pollution of the controlled area affected; and to protect any other benefits of wetland as discussed in Article I and is the best alternative available for the proposed action.
(7)
Alternative sites. There is no practicable alternative
site for the proposed activity in an area of the subject property
which is not a freshwater wetland.
(8)
New York State land use standards. The proposed action
is in compliance with the standards set forth in 6 NYCRR 665.7(e)
and (g).
(9)
Balance of rights. 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 and welfare.
No permit shall be issued by the Commission
pursuant to this chapter unless the Commission shall find that:
A.
Consistent with legislative intent. The proposed activity is consistent with the legislative intent of this chapter set forth in § 63-2.
B.
No alternative. There is no practicable alternative.
C.
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 Pound Ridge or its neighboring communities, that it will not degrade the environment or result in any of the adverse impacts stated in Article I, or that the applicant will otherwise suffer undue hardship if a permit is not issued.
In granting a permit, denying a permit or granting a permit with conditions, the Commission shall state upon the record its reasons for granting or denying such permit. The statement may include discussion of the considerations and criteria listed in §§ 63-23 and 63-24 of this chapter.
A.
Reasons for decision. In denying a permit or denying a permit in part. the Commission shall state upon the record its reasons for denying such permit. The statement may include discussion of the considerations listed in § 63-23 of this chapter.
B.
Permission to resubmit. The Commission's statement
in denying a permit may include permission to modify, amend or correct
the applicant's proposal.
C.
Applicant's recourse. In the event of denial with or without permission to modify, amend or correct, the applicant may submit a new application or may seek judicial review pursuant to § 63-38 of this chapter.
D.
Rejection of modified proposal. The rejection of a modified proposal shall be equivalent to a denial of an application for the purposes of § 63-38 of this chapter.
E.
Public acquisition of wetlands. Duly filed notice,
in writing, that the state or any agency or subdivision thereof is
in the process of acquiring any freshwater wetlands by negotiation
or condemnation shall be sufficient basis for denial of any permit.
No permit shall be valid for more than one year
after approval of an application by the Commission. All permits shall
expire upon the completion of the acts specified therein. The validity
of any acts of work duly completed pursuant to an existing permit
shall not be affected by the expiration of the aforesaid permit, but
such work shall not be continued beyond the expiration date. Permits
may be renewed by the Commission or Town Engineer, respectively, upon
application 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. Permits, including all of their conditions,
shall be binding on successors and assignees of the permit holder.
To insure compliance with the terms and conditions
set forth in the permit or the restoration of protected wetlands and
their functions, the Water Control Commission, at its discretion and
when deemed necessary for the protection of the interests of the Town
or property owners affected by a project, may require the applicant
or his contractor or agent to file a bond in an amount satisfactory
to the Town Engineer and the Commission. Such bond shall be in a form
satisfactory to the Town Attorney, or, in the alternative, the applicant
shall make a cash deposit with the Commission in said amount. In the
event that materials are to be removed from the site, the applicant
shall be required to obtain from the Town Board a special permit for
the excavation and removal of materials under the Zoning Ordinance
of the Town of Pound Ridge.[1] The performance or rehabilitation bond provided for herein
shall be in addition to any bond which may be required by the Town
Board in connection with the excavation and transportation of materials.
Furthermore, the applicant may be required to
certify that she/he has insurance against liability which might result
from the proposed operation or use covering any and all damages which
might occur within three years of completion of such operations, in
an amount to be determined by the Commission commensurate with the
projected operation.
Permits shall specify the permitted days and
hours of operation and the type of equipment to be used.
The issuance of any permit by the Commission
pursuant to this chapter does not remove the obligation to acquire
any other permits or approvals required by law.
Upon the completion of any new lake, pond or
other source of water suitable for fire fighting, the Commission shall
forward a vicinity sketch and information as to the size, accessways
and estimated water volume of such body of water to the Fire Department
of the fire district serving the affected premises.
For those wetlands not shown on the State Freshwater
Wetlands Map, the Water Control Commission may waive the specified
requirements in any individual case where, in the Commission's judgment,
such waiver is in the public interest. Such waiver must appear on
the records of the Commission, together with the reasons therefor.
No waivers shall be granted which will have the effect of nullifying
the intent and purpose of these regulations or other applicable Town,
state or federal regulations. In granting any waiver, the Commission
shall attach such conditions as are necessary, in its judgment, to
secure substantially the objectives of the standards or requirements
so waived.
The Commission or its agents may inspect any
work conducted under a permit issued in conjunction with this chapter.
The information gathered at these inspections can be used as the basis
for a suspension or revocation of the permit.
A.
Stop-work order. The Building Inspector and/or the
Town Engineer may issue a stop-work order whenever he deems that a
violation of this chapter has occurred. The issuance of a stop-work
order shall mandate a review by the Commission on the revocation of
the permit. The stop-work order shall remain in effect until the Commission's
decision on revocation.
[Amended 4-9-1998]
B.
Suspension and revocation. The Commission may suspend
or revoke a permit issued pursuant to this chapter after a public
hearing on five days' written notice mailed to the applicant's address,
return receipt requested, where it finds that the permittee has not
complied with any or all terms of such permit, has exceeded the authority
granted in the permit or has failed to undertake the project in the
manner set forth in the application. A new permit will be required
for the completion of work started under a permit that has been subsequently
revoked.
C.
Written reasons for suspension and revocation. The
Commission shall set forth, in writing, in the file it keeps regarding
a permit application its findings and reasons for revoking or suspending
a permit pursuant to this section.
D.
Revocation of permit in disturbed area. The Commission
may require that an area already disturbed by work performed under
a permit which has been revoked by the Commission be returned to a
natural state by the permit holder.
[Amended 4-9-1998]
Within 30 days after completion of all work
allowed under a permit granted in accordance with this chapter, the
applicant shall notify the Building Inspector and/or the Town Engineer
of such completion and shall submit as-built drawings, except for
work performed under an administrative permit. Within 30 days of such
notification and submission, the Building Inspector and/or the Town
Engineer, the Commission or their appointed representative shall inspect
the work for compliance with all conditions of the permit.
[Amended 4-9-1998]
When all work allowed under a permit is deemed
acceptable, the Building Inspector and/or the Town Engineer or Commission
shall issue a certificate of completion. which shall be accompanied
by cancellation or return of any bond collected for that permit.
[Amended 4-9-1998]
When all work allowed under a permit is not
deemed acceptable, the Building Inspector and/or the Town Engineer
or Commission shall so notify the applicant. The notification of noncompliance
shall include a list of all conditions in violation of the terms of
the permit and shall specify a time limit for the correction of all
items so listed.
