[HISTORY: Adopted by the Board of Trustees of the Village of Rockville
Centre 7-19-1976 by L.L. No. 7-1976. Amendments
noted where applicable.]
It is declared to be the public policy of the State of New York and
the Village of Rockville Centre to preserve, protect and conserve freshwater
wetlands and the benefits derived therefrom, to prevent the despoliation and
destruction of freshwater wetlands and to secure the natural benefits of freshwater
wetlands, consistent with the general welfare and beneficial economic, social
and agricultural development of the state and Village.
As used in this chapter, the following terms shall have the meanings
indicated:
Lands and waters of the Village of Rockville Centre, as shown on
the Freshwater Wetlands Map, which wetlands contain any and all of the flora
and fauna described in Article 24 of the Environmental Conservation Law of
the State of New York.
A map on which are indicated the boundaries of any freshwater wetlands
in the Village of Rockville Centre.
Any corporation, firm, partnership association, trust, estate, one
or more individuals, or any unit of government or agency or subdivision thereof.
The presence in the environment of man-induced conditions or contaminants
in quantities or having characteristics which are or may be injurious to human,
plant or wildlife, or other animal life or to the property.
The Village of Rockville Centre.
The Village Board of the Village of Rockville Centre.
The Village Clerk of the Village of Rockville Centre.
A.Â
A permit shall be required for any form of draining,
dredging, excavation, removal of soil, mud, sand, shells, gravel or other
aggregate from any freshwater wetland, either directly or indirectly; and
for any form of dumping, filling or depositing of any soil, stones, sand,
gravel, mud, rubbish or fill of any kind, either directly or indirectly; for
erecting any structures, roads, driving of pilings or placing any other obstructions,
whether or not changing the ebb and flow of the water; for any form of pollution,
including but not limited to installing a septic tank, running a sewer outfall,
discharging sewage treatment effluent or other liquid wastes into or so as
to drain into a freshwater wetland; and for any other activity which substantially
impairs any of the several functions served by freshwater wetlands or the
benefits derived therefrom which are set forth in Article 24 of the Environmental
Conservation Law. These activities are subject to regulation, whether or not
they occur upon the wetland itself, if they impinge upon or otherwise substantially
affect the wetlands; provided, however, that no regulation shall apply to
any area more than 100 feet from the boundary of such wetland or any such
lesser or greater distance therefrom as determined by the Department of Public
Works of the Village of Rockville Centre and approved by the Village Board.
B.Â
The depositing or removal of the natural products of
the freshwater wetlands by recreational or commercial fishing, shellfishing,
aquaculture, hunting or trapping shall be excluded from the regulated activities
where otherwise legally permitted and regulated.
A.Â
The activities of farmers and other landowners in grazing
and watering livestock, making reasonable use of water resources, harvesting
natural products of the wetlands, selectively cutting timber, draining land
or wetlands for growing agriculture 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 hereunder, except
that structures not required for enhancement or maintenance of the agricultural
productivity of the land and any filling activities shall not be excluded
hereunder, and provided that the use of the land designated as a freshwater
wetland upon the Freshwater Wetlands Map at the effective date thereof for
uses other than those referred to in this section shall be subject to the
provisions of this chapter. Each farmer or landowner who intends to conduct
an activity described in this section which would otherwise be regulated shall
notify the Department of Public Works of the Village of Rockville Centre,
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.
B.Â
Public health activities, orders and regulations of the
Department of Health of the County of Nassau shall be excluded from regulated
activities. Copies of all such public health orders and regulations affecting
wetlands shall be filed with the Department of Public Works of the Village
of Rockville Centre. The Chief Engineer of the Department of Public Works
of the Village of Rockville Centre may request modification of such orders
or regulations if he deems said modification necessary to implement the policy
of this chapter.
A.Â
Any person proposing to conduct or cause to be conducted
a regulated activity upon any freshwater wetland within the town shall file
an application for a permit with the Village Clerk. In the event that the
freshwater wetland is located in more than one village or town, said application
shall be filed with the County Clerk of Nassau County. Determination of the
application shall be made by the Village Board in accordance with applicable
law and any rules and regulations as may be adopted by the Commissioner of
Environmental Conservation of the State of New York. Each application shall
include a detailed description of the proposed activity and a map showing
the area of the freshwater wetland directly affected, with the location of
the proposed activity thereon.
B.Â
The application fee shall be $50.
No sooner than 30 days and no later than 60 days after the receipt of
an application hereunder, and after notice of application has been published
by the applicant in two newspapers, one having general circulation in the
Village and the other having general circulation in the Town of Hempstead,
the Village Board shall hold a public hearing on said application, unless
no notice of objection has been filed or unless the Village Board, upon the
advice of the Chief Engineer of the Department of Public Works of the Village
of Rockville Centre, finds the proposed activities to be of such a minor nature
as not to affect or endanger the balance of systems within the wetlands, and
in those cases the public hearings shall be waived.
A.Â
In granting, denying or limiting any permit, the Village
Board 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 in Article 24 of the
Environmental Conservation Law.
B.Â
A 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.
C.Â
In granting a permit, the Village Board may limit same
or impose conditions or limitations designed to carry out the public policy
set forth in this chapter and require a bond in an amount and with surety
and conditions satisfactory to it securing compliance with the conditions
and limitations set forth in the permit. The Village Board may suspend or
revoke a permit if it finds that the applicant has not complied with any of
the conditions or limitations set forth in the permit or has exceeded the
scope of the activity as set forth in the application.
D.Â
The Village Board shall state upon the record the findings
and reasons for all actions taken pursuant to this section.
E.Â
A review of the determination of the Village Board shall
be within a period of 30 days after the filing thereof, pursuant to the provisions
of Title 11 of Article 24 of the Environmental Conservation Law or Article
78 of the Civil Practice Law and Rules. Any owner of the wetland affected
and any resident or citizen of the Village shall be deemed to have the requisite
standing to seek review.
A.Â
Appeals from any determination or order of the Village
Board shall be taken before the Freshwater Wetlands Appeal Board in accordance
with the provisions of Article 24 of the Environmental Conservation Law.
B.Â
The institution of judicial proceedings to review a determination
or an order of the Village Board shall be taken only in accordance with the
terms and provisions of Article 78 of the Civil Practice Law and Rules.
Any person committing an offense against this chapter, or any section
or provision thereof, shall be guilty of a Class B misdemeanor, punishable
by a fine not exceeding $250 for each such offense.
This chapter shall become effective upon completion of the Freshwater
Wetlands Map pertaining to the Village of Rockville Centre.
