[Amended 9-14-1987 by L.L.
No. 4-1987]
It is the intent of this chapter to protect the public interest, general
health, safety and economic and general welfare of the village by regulating
usage of and modifications to wetlands, lakes, ponds and reservoirs and rainfall
drainage systems wholly or in part within the Village of Larchmont or owned
by the Village of Larchmont.
As used in this chapter, the following terms shall have the meanings
indicated:
CONTROLLED AREAS
If an area can be defined by more than one of the following categories,
the "controlled area" shall be the greater of the areas so determined.
A.
WETLANDSGeographical areas covering 1/4 acre or more covered with shallow and sometimes temporary, intermittent waters, commonly referred to as marshes, swamps, bogs, wet meadows, potholes, sloughs and river overflow lands.
(1)
The following categories shall apply:
(a)
Seasonally flooded basins or flats.
(b)
Inland fresh meadows, having a few inches of water after heavy rains.
(c)
Inland shallow fresh marshes, having up to six inches of water.
(d)
Inland deep fresh marshes, having up to three feet of water.
(e)
Shrub swamps, having up to six inches of water.
(f)
Wooded swamps, having up to one foot of water.
(g)
Bogs. Shallow ponds may be present.
(2)
The controlled area shall include all contributory adjacent surface
of ground elevation less than two feet higher than the high-water mark from
a once-in-ten-year-frequency storm.
B.
RAINFALL DRAINAGE SYSTEMSThose existing interconnected networks of depressed contours and enlargements thereto which, by virtue of their location, convey surface water runoff from its source to and including its ultimate points of discharge, wholly or partially within village limits. The controlled area of said rainfall drainage systems shall include the greater of:
(1)
All adjacent contributory surface of elevation less than five feet above
the high-water mark from a once-in-ten-year-frequency storm.
(2)
All adjacent contributory surface within 100 feet measured horizontally
in all directions, from the high-water mark from a once-in-ten-year-frequency
storm.
C.
PONDS, LAKES, RESERVOIRSAreas of permanent water retention fed by springs or rainfall drainage systems and which have one or more points of outlet. The controlled area shall include the pond, lake or reservoir and all adjacent ground surface within 35 horizontal feet of the water mark when full to overflow level.
PERSON
Includes the singular and the plural and shall include an individual,
individuals, a firm, corporation, partnership, foundation, association, company,
institution, organization or any other recognized legal entity.
A person may appear before or communicate with the Commission for the
purpose of stating preliminary intent.
A. An applicant for a permit shall present plans, specifications
and design data in duplicate to the Wetlands Water Control Commission.
(1) In such cases as the total estimated cost of the proposed
project, including labor and materials, does not exceed the sum of $500, the
plans and specifications need not be prepared by a licensed practitioner but
shall be neat, fully definitive of all details of the proposed project, legible
and capable of reproduction.
(2) In such cases as the total estimated cost of the proposed
project, including labor and materials, exceeds the sum of $500, the plans
and specifications shall be prepared by a professional engineer or architect
or landscape architect, all duly licensed for such work by the Education Department,
State of New York, or by the United States Soil Conservation Service or by
an appropriate agency of the State of New York.
(3) The application for a permit must be made by the owner
of record of land in a controlled area or by the duly authorized agent of
such owner, such authorization to be in writing.
(4) Discretionary waiver. The Wetlands 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. 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.
B. The applicant shall have the burden of demonstrating
that the proposed act is not adverse to the public interest, general health,
safety and economic welfare of the residents of the Village of Larchmont.
C. The Wetlands Water Control Commission shall examine said
plans and specifications or cause them to be examined by the Village Engineer
or such licensed practitioner as may be indicated by the scope of the work
involved. The examiner shall render the requested report to the Wetlands Water
Control Commission within 45 days.
D. Within a reasonable time after the report, as specified in Subsection
B above, has been submitted to the Commission, the Commission shall cause a notice of public hearing to be published, on at least 10 days' notice, in the newspaper last designated as the official newspaper of the Village of Larchmont for the publication of legal notices. The applicant and all interested parties and taxpayers shall be heard at the public hearing. Such notice of hearing shall contain an adequate description of the property involved, setting forth the street location of the parcel and the designation thereof on the Tax Map of the Village of Larchmont. Notice of such public hearings shall be sent by mail to the owners of property located within 500 feet of the subject property.
E. The Wetlands Water Control Commission shall review the
report, consult with the Planning Commission of the Village of Larchmont,
where applicable, and render its determination to the applicant as soon as
practicable after the public hearing.
(1) If the determination of the Wetlands Water Control Commission
is affirmative, the applicant shall pay to the Village Clerk a fee in the
amount fixed by the Board of Trustees, whereupon one copy of the project documents
stamped as approved, together with a permit covering the work involved, shall
be returned to the applicant.
(2) When the proposed scope of work affects lands requiring
subdivision approval by the Planning Commission, the Wetlands Water Control
Commission shall render its determination to the applicant within time limits
specified by the Planning Commission.
(3) Duration of permits. The Wetlands Water Control Commission
shall specify, in its resolution of approval, the expiration date of any permit
granted pursuant to the Wetlands Water Control Commission and, subject to
the calling of an additional public hearing in the discretion of said Commission,
no permit shall be valid for more than one year. All permits shall expire
upon the completion of the acts specified therein. The validity of any acts
or work duly completed pursuant to an existing permit shall not be affected
by the expiration of the aforesaid permit, but same shall not be continued
beyond the expiration date except upon application for renewal of said permit.
No permit shall be assigned, transferred, sublet or sold to any other person
without written permission.
(4) At the discretion of the Wetlands Water Control Commission
and when deemed necessary for the protection of the interests of the village
or property owners affected by a project, the applicant or his contractor
or agent shall file a bond or undertaking in an amount satisfactory to the
Village Engineer and the Commission and in a form satisfactory to the Village
Attorney or, in the alternative, shall make a cash deposit with the Village
Treasurer in said amount to insure the satisfactory completion of the project
and the rehabilitation of affected or disturbed areas. In the event that materials
are to be removed from the site, the applicant shall be required to apply
to the Board of Trustees for a special permit for the excavation and removal
of materials. The performance or rehabilitation bond provided for herein shall
be in addition to any bond which may be required by the Board of Trustees
in connection with the excavation and transportation of materials.
(5) Permits shall specify the permitted days and hours of
operation and the type of equipment to be used. No material of any kind shall
be removed from any property in the construction of a project for which a
permit has been issued hereunder except pursuant to a special permit issued
by the Board of Trustees.
(6) 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.