[HISTORY: Adopted by the Board of Trustees of the Village of Sagaponack 11-12-2007
by L.L. No. 31-2007. Amendments noted where applicable.]
A.
The Board of Trustees finds and declares it to be the
public policy of the Village to protect and conserve its wetlands and the
benefits derived therefrom. It is the further policy of this Board to achieve
no overall net loss of the Village's remaining wetlands and to restore and
create wetlands, where prudent and necessary, to offset losses and increase
the quantity and quality of the Village's wetland resource base.
B.
To achieve these goals, the Village shall, by way of
this chapter, seek to avoid or minimize damage to wetlands to the maximum
extent possible by establishing local land use controls which place a priority
on the protection of natural vegetation and the preservation of wetland buffer
zones. Buffer zones are critical in protecting the integrity of wetlands from
potentially harmful effects, including their function in preventing drying
and windthrow, intercepting pollutants migrating toward wetlands and providing
essential wildlife habitat.
C.
It is the further intent of the Village that this chapter
be part of a comprehensive approach to managing the water resources of Sagaponack
by integrating wetland protection with other programs and local laws already
adopted by the Village. This program shall also include addressing the major
causes of surface and ground water degradation through stormwater abatement
and wastewater disposal controls, stronger coastal land use planning and zoning,
local waterfront revitalization, land acquisition, and wetlands stewardship.
A.
The wetlands of Sagaponack are indispensable and fragile
natural resources which are immensely important to both the environmental
and economic health of the Village. The rich assemblage and complex variety
of wetland habitats, ranging from small wet depressions, interdunal swales
and vernal ponds to expansive marshes, swamps, bays, creeks and ponds, sustain
a multitude of natural functions and values, making them essential to maintaining
the ecology and biodiversity of the region. The Board of Trustees finds that:
(1)
Sagaponack's coastal marshes are some of New York State's
finest, providing home to northern harrier, least and roseate terns, nesting
osprey and migrating peregrine falcons, all endangered or threatened statewide.
(2)
Vital breeding, nesting and staging grounds for thousands
of waterfowl, wading birds, shorebirds, raptors, warblers and other songbirds
are offered, with huge concentrations of migratory birds, en route along the
Atlantic Flyway, seeking out the barrier beaches and marine shorelines to
rest and refuel each spring and fall.
(3)
Tideland waters and estuaries are critical as overwintering
areas for harbor seals and countless ducks and geese and support a rich mollusk
fauna and productive finfish population, which are the basis of the Village's
vital commercial fishery and shellfishery industries.
(4)
Sagaponack's freshwater wetlands are equally significant
and include, among other habitats, exemplary coastal plain pond shore habitats
containing numerous rare and endemic species and some of the state's most
vigorous and extensive uncut stands of Atlantic white cedar swamp.
(5)
Coastal lands and waters provide an almost year-round
recreation season for residents and tourists alike and are especially favored
by those who enjoy fishing, boating, hunting, birdwatching, sightseeing and
swimming. Excellent opportunities are also offered for those seeking inspiration
or solitude, as the scenic quality, panoramic vistas and intriguing natural
beauty of Sagaponack's wetlands are, without question, unsurpassed. These
attractions translate into local economic dollars, as related services for
manufacturing and maintenance of boat and marine equipment and motel accommodations
have far-reaching economic benefits.
(6)
Wetlands play crucial roles in improving and maintaining
the quality of our surface and ground waters by filtering out harmful chemicals,
pesticides, heavy metals, bacteria, septic and organic wastes and excess nutrients,
such as nitrogen and phosphorous, which otherwise would result in overenrichment
of both fresh and marine waters and be toxic to aquatic life, causing fish
kills, algal blooms and closure of shellfish areas. Groundwaters often feed
and interface with wetlands, thus the natural water purification roles of
these systems, including their importance in preventing saltwater intrusion
into groundwater, likely help to maintain the quality of the water we drink.
(7)
Coastal marshlands also provide flood and storm damage
protection for our shore and waterfront areas by reducing the impact of storm
tides and waves. Wetland plants trap suspended sediments and stabilize underwater
soils, thus preventing turbidity and helping to keep our channels and watercourses
navigable.
B.
Many of the Village's wetlands have been lost or impaired
by clearing, filling, excavating, building, drainage, pollution and other
actions. Water pollution, as evidenced by continued declines in commercial
and recreational fin and shellfish catches, prohibitions on harvest and the
loss of biological productivity in coastal habitats, remains a serious problem
for coastal areas. Brown tide continues to threaten our bays. Available information
about the brown tide phenomenon emphasizes the need for a policy of comprehensive
protection of bays through surrounding land use controls.
C.
This loss of wetlands and lack of conservation measures
deprives Sagaponack's citizens not only of a healthy living environ but of
a healthy economy. It is therefore necessary for the Village to assert new
leadership in wetland protection activities by intensifying its efforts to
conserve this resource and secure its benefits through the establishment of
local land use regulations which discourage those activities that may adversely
affect wetlands and which encourage restoration of already degraded or destroyed
systems.
As used in this chapter, the following terms shall have the meanings
indicated:
A written permit, signed by the Chief Environmental Analyst, issued in response to a written request to conduct a regulated activity described in § 225-7B in a wetland or within 200 feet of a wetland boundary.
Any man-made pond that is created by using an artificial seal to
prevent water from seeping into the ground.
Any bank or cliff with a precipitous or steeply sloped face adjoining
a beach or body of water.
The outer limit of the vegetation, submerged lands and/or water specified
in the definition of freshwater, brackish or tidal wetlands. The wetland boundary
is to be defined and flagged at the point where existing wetland indicator
species no longer have a competitive advantage over upland species. Wetland
and upland plants will mix together at this transition zone. The methodology
used to determine this boundary shall be the same methodology utilized in
the New York State Department of Environmental Conservation (NYSDEC) Technical
Methods Statement relating to the Freshwater Wetlands Act,[1] to wit, if the innermost portion of a wetland is effectively 100%
wetland plants, the next concentric ring shows an area of 75% wetland species,
and the outer ring is a fifty-percent mix where the competitive advantage
of upland species is demonstrated, the boundary line will be drawn at the
midpoint of the outer ring. Where a site is dominated by facultative species
which are characteristic of Long Island wetlands, such as red maple (Acer
rubrum) and black tupelo (Nyssa sylvatica), a community approach shall be
used in determining the wetland boundary. The test of what constitutes a wetland
community will be satisfied if the species are those included in the description
of natural wetland community types as documented by the New York Natural Heritage
Program in the March 1990 manual titled "Ecological Communities of New York
State."
The distance between a wetland boundary and the closest permissible
location to such boundary for a regulated activity, as established by the
approving authority.
The Chief Environmental Analyst of the Town of Southampton or any
person duly appointed or designated to act as such Chief Environmental Analyst,
in each case acting pursuant to an intermunicipal agreement between the Village
and town.
A property that is being utilized, or includes existing vacant structures
formerly utilized prior to April 27, 2001, for intensive residential, commercial,
institutional or industrial activities or combinations of such activities.
A vertical or near vertical shore protection structure which is structurally
sound and has been engineered to protect uplands by completely separating
the land from the water.
A sloping shore protection device comprised of tightly packed, uniformly
placed stone or concrete which is structurally sound and has been engineered
to prevent erosion of landward sediments.
Disturbed or artificial upland vegetative communities such as mowed
lawn, mowed lawn with trees and ornamental tree or shrub landscapes, and vegetable
or flower gardens that are created and maintained by human activities to such
a degree that the physical structure of the substrate or species composition
is substantially different from the substrate and composition of a naturally
vegetated site.
A written notification from the approving authority or its designee,
issued in response to a written request for a determination, stating that
the proposed activity is exempt from the provisions of this chapter.
Management and manipulation of existing grid ditches in marshes to
restore proper hydrology in marshes and create a natural biological system
for mosquito control.
An alternative which is both available to the applicant and capable
of fulfilling the overall purpose of the project. "Available and capable of
being done" means the alternative is obtainable and feasible, in terms of
reasonable costs, existing technology and best available measures (i.e., most
up-to-date technology or the best designs, measures or engineering practices
that have been developed or are commercially available), proposed use and
project purpose. "Project purposes" shall be defined generally (e.g., construction
of a single-family home). The purpose of evaluating practicable alternatives
shall be to locate activities so that impacts to the wetland are avoided to
the maximum extent practicable. The practicable alternative analysis may reduce
the scale of the activity, consistent with the project purpose, proposed use
and permit issuance standards set forth in this chapter.
A customary, usual and normal activity to restore the sound and good
state of a structure after decay, dilapidation, injury or partial destruction,
and the routine maintenance necessary from time to time to keep a structure
in a state of good repair, including renovations which do not increase the
floor area of the existing structure.
Anything constructed or erected on or under the ground or upon another
structure or building.
The Trustees of the Freeholders of the Commonalty of the Town of
Southampton.
A permanent constructed stormwater retention or infiltration basin,
made by excavation or embankment construction, whose primary purpose is to
collect, retain and recharge stormwater runoff into the soil layer and underlying
aquifer.
Includes tidal, freshwater and brackish wetlands as follows:
Lands and submerged lands commonly called "brackish or intermediate
marshes" which occur along coastal rivers, streams, creeks, bays, lagoons
and coves where fresh and salt water mix and which frequently form a transition
zone or very narrow band between tidal and coastal fresh marshes. The vegetation
of these marshes is highly varied due to the broad range of salinities characteristic
of this coastal wetland type and often forms a continuum characterized by
a gradual intermixing of tidal and fresh marsh plants. These lands and waters
can occur at some distance inland from tidal watercourses and tidally flooded
salt marshes and are commonly dominated by aquatic or semiaquatic vegetation
of the following types, which depend upon intermittent permanent flooding
or sufficiently waterlogged soils to give them a competitive advantage over
other species:
Emergent vegetation, including, among others, bulrush (Scirpus robustus),
three square (Scirpus americanus), big cordgrass (Spartina cynosuroides),
salt meadow grass (Spartina patens), spike grass (Distichlis spicata), purple
loosestrife (Lythrum salicaria), soft-stemmed bulrush (Scirpus validus), spike
rushes (Eleocharis spp.), water hemp (Acnida cannabina), mock bishop weed
(Ptilimnium capillaceum), rose mallow (Hibiscus moscheutos), seashore mallow
(Kosteletzkya virginica) and common reed (Phragmites spp.), provided that
such common reed is underlain by bog, peat, hydric or saturated soils or is
inundated by brackish surface waters. Field indicators of wetland hydrology
or inundation shall include, among others, visual observation of inundation,
visual observation of soil saturation within 24 inches of the soil surface,
water marks (e.g., silt or pollen lines), drift lines (e.g., deposits of water-borne
debris), sediment deposits (e.g., sediment that settled out of standing water
on plant bases or objects on the ground), staining or matting of soils, leaves
or vegetation, drainage patterns in wetlands (e.g., braided channels in wetlands,
scouring of debris, or evidence of sheet flow), and local soil survey data
(e.g., typical water table depths, durations, and soil series mapped in the
county). Field indicators of bog, peat, hydric or saturated soils shall include
characteristic hydric soil profiles, horizons, composition, color, texture,
odor, moisture, taxonomy, and/or soil surveys.
Brackish meadow vegetation, including, among others, sensitive fern
(Onoclea sensibilis), halberd-leaved tearthumb (Polygonum arifolium), impatiens
(Impatiens capensis), American germander (Teucrium canadense), marsh fern
(Thelypteris palustris), soft-stemmed bulrush (Scirpus americanus), purple
loosestrife (Lythrum salicaria), bristly foxtail (Setaria geniculata), purple
gerardia (Agalinis purpurea) and slender goldenrod (Solidago tenuifolia).
Scrub-shrub vegetation or woody vegetation typically less than six meters
(20 feet) tall, including shrubs, young trees and trees or shrubs that are
small or stunted because of environmental conditions, including, among others,
groundsel-tree (Baccharis halimifolia), swamp rose (Rosa palustris), arrowwood
(Viburnum dentatum), American elder (Sambucus canadensis) and black gum (Nyssa
sylvatica).
Lands and submerged lands commonly called "coastal interdunal marshes"
which occur as low areas or swales in the dunes or barrier island, or occur
as other coastal depressions landward of a rise that are not directly connected
to open tidal water or tidal action, where fresh groundwater mixes with saltwater
and salt spray, and which are dominated by vegetation of the following types,
which depend on irregular or permanent flooding or sufficiently waterlogged
soils to give them a competitive advantage over other vegetation: including,
among others, aquatic spikerush (Eleocharis parvula), Canada rush (Juncus
americanus), rose mallow (Hibiscus moscheutos), three-square (Spircus americanus),
salt-meadow grass (Spartina patens), switchgrass (Panicum virgatum), annual
salt-marsh fleabane (Pluchea adorata), groundsel-tree (Bacchaaris halimifolia),
annual salt marsh aster (Aster subulatus), seaside goldenrod (Solidago sempervirens)
and common reed (Phragmites spp.), provided that such common reed is underlain
by bog, peat, hydric or saturated soils.
Lands and submerged lands commonly called "marshes," "swamps," "sloughs,"
"bogs" and "flats" supporting aquatic or semiaquatic vegetation of the following
types, which depend upon seasonal or permanent flooding or sufficiently waterlogged
soils to give them a competitive advantage over other species:
Wetland trees, including, among others, red maple (Acer rubrum), willows
(Salix spp.), black tupelo (Nyssa sylvatica), swamp white oak (Quercus bicolor),
Atlantic white cedar (Chamaecyparis thyoides), white ash (Fraxinus americana),
blue beech (Carpinus caroliniana) and American elm (Ulmus americana);
Wetland shrubs, including, among others, alder (Alnus spp.), buttonbush
(Cephalanthus occidentalis), highbush blueberry (Vaccinium corymbosum), sweet
pepperbush (Clethra alnifolia), arrowwood (Viburnum recognitum, V. dentatum),
winterberry (Ilex verticillata), dogwoods (Cornus spp.), inkberry (Ilex glabra)
and leatherleaf (Chamaedaphne calyculata);
Woodland herbaceous ground covers and ferns, including,
among others, skunk cabbage (Symplocarpus foetidus), Canada mayflower (Maianthemum
canadense), cinnamon fern (Osmunda cinnamomea), sensitive fern (Onoclea sensibilis),
royal fern (Osmunda regalis), marsh fern (Dryopteris thelypteris) and jack-in-the-pulpit
(Arisaema triphyllum);
Emergent vegetation, including, among others, cattails (Typha spp.),
pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), wild rice (Zizania
aquatica), bur-reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria),
swamp loosestrife (Decodon verticillatus), water plantain (Alisma plantago-aquatica)
and common reed (Phragmites spp.), provided that such common reed is underlain
by bog, peat, hydric or saturated soils or is inundated by fresh surface waters.
Field indicators of wetland hydrology or inundation shall include, among others,
visual observation of inundation, visual observation of soil saturation within
24 inches of the soil surface, water marks (e.g., silt or pollen lines), drift
lines (e.g., deposits of water-borne debris), sediment deposits (e.g., sediment
that settled out of standing water on plant bases or objects on the ground),
staining or matting of soils, leaves or vegetation, drainage patterns in wetlands
(e.g., braided channels in wetlands, scouring of debris, or evidence of sheet
flow), and local soil survey data (e.g., typical water table depths, durations,
and soil series mapped in the county). Field indicators of bog, peat, hydric
or saturated soils shall include characteristic hydric soil profiles, horizons,
composition, color, texture, odor, moisture, taxonomy, and/or soil surveys;
Rooted floating-leaved vegetation, including, among others, waterlily
(Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar
spp.);
Free-floating vegetation, including, among others, duckweed (Lemna spp.),
big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.);
Wet meadow vegetation, including, among others, sedges (Carex spp.),
rushes (Juncus oryzoides), reed canary grass (Phalaris arundinacea), swamp
loosestrife (Decodon verticillatus), spikerush (Eleocharis spp.), joe pyeweed
(Eupatorium purpureum) and boneset (Eupatorium perfoliatum);
Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum
spp.), bog rosemary (Andromeda glaucophylla), leather leaf (Chamaedaphne calyculata),
pitcher plant (Sarracenia purpurea) and cranberries (Vaccinium macrocarpon
and V. oxycoccos); and
Submergent vegetation, including, among others, pondweeds (Potamogeton
spp.), naiads (Najas spp.), bladderworts (Utricularia spp.), wild celery (Vallisneria
americana), coontail (Ceratophyllum demersum), water milfoils (Nitella spp.),
water weeds (Elodea spp.) and water smartweed (Polygonum amphibium);
Lands and submerged lands containing remnants of any vegetation that
is not aquatic or semiaquatic that has died because of wet conditions over
a sufficiently long period, provided that such wet conditions do not exceed
a maximum seasonal water depth of six feet, and provided further that such
conditions can be expected to persist indefinitely, barring human intervention;
Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection B(1) of this definition, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation; and
TIDAL WETLANDSAll lands lying in the area inundated by tidal action and/or peak lunar tides exhibiting salt marsh peat and saline or brackish soils at their undisturbed surface; all estuaries, tidal fresh marshes, salt meadow, tidal flats and littoral zones; and all lands which are dominated by one or more of the following plant species or associations: salt marsh hay (Spartina patens), spike-grass (Distichlis spicata), black grass (Juncus gerardi), saltwater cordgrass (Spartina alerniflora), saltwort (Salsola kali), glasswort (Salicornia spp.), sea lavendar (Limonium carolinanus), salt marsh bulrush or chairmaker's rush (Scirpus spp.), sand spurry (Spergularia marina), groundsel bush (Baccharis halimifolia), high tide bush or marsh elder (Iva frutescens), spikerush (Eleocharis spp.), bent grass (Agrotis spp.), sea blite (Suaeda spp.), umbrella sedges (Fimbrisylis spp.), rose mallow (Hibiscus moscheutos), narrow-leaf cattail (Typha angustifolia), arrow-grass (Triglochin maritimum), pickerel weed, (Pontederia cordata), blue flag (Iris versicolor), softstem bulrush (Scirpus validus), tussock sedge (Carex stricta) and common reed (Phragmites spp.), provided that such common reed is underlain by bog, peat, hydric or saturated soils or is inundated by tidal waters. Field indicators of wetland hydrology or inundation shall include, among others, visual observation of inundation, visual observation of soil saturation within 24 inches of the soil surface, water marks (e.g., silt or pollen lines), drift lines (e.g., deposits of water-borne debris), sediment deposits (e.g., sediment that settled out of standing water on plant bases or objects on the ground), staining or matting of soils, leaves or vegetation, drainage patterns in wetlands (e.g., braided channels in wetlands, scouring of debris, or evidence of sheet flow), and local soil survey data (e.g., typical water table depths, durations, and soil series mapped in the county). Field indicators of bog, peat, hydric or saturated soils shall include characteristic hydric soil profiles, horizons, composition, color, texture, odor, moisture, taxonomy, and/or soil surveys.
[1]
Editor's Note: See Art. 24 of the Environmental Conservation Law,
§ 24-0101 et seq.
A.
This chapter shall apply to all regulated lands within
the Village of Sagaponack except for the following:
(1)
Bottomlands and wetlands regulated by the Trustees of
the Freeholders and Commonalty of the Town of Southampton.
(2)
Bottomlands of, and wetlands adjacent to, artificially
lined ponds.
(3)
Lands separated from wetlands by a paved road surface
which borders the entire street side property line, provided that such road
was paved prior to August 13, 1993, and provided further that no direct means
of drainage from such lands to the wetland, such as a culvert, exists.
B.
This chapter shall apply to all regulated activities
within the Village of Sagaponack except for the following:
(1)
Activities for which a Trustee permit is required.
(2)
Repair of a structure.
(3)
Planting, seeding, cultivating or maintaining, without
the use of fertilizers, a disturbed area in agricultural use or horticulturally
improved on the effective date of this chapter.
(4)
The planting, seeding, cultivating, maintaining or fertilizing
of agricultural land by an occupier of agricultural land who has a soil and
water conservation plan pursuant to § 9 of the Soil and Water Conservation
Districts Law, provided that the plan has been filed with the Town of Southampton
Conservation Board and a staff member for the Conservation Board has certified
that the plan is being implemented by the occupier of the agricultural land.
(5)
Excavation and filling necessary for public improvements
confined to the excavation, construction and installation of stormwater abatement
measures, specifically leaching pool systems, stormwater retention basins
or detention ponds, to control and trap road runoff, sediments and contaminants,
provided that they are not constructed in wetlands.
(6)
Operation and maintenance of existing dams, sluices,
culverts or other water-control structures or devices which legally existed
on the effective date of this chapter.
(7)
Conservation, preservation or ecologically sound management
of soil, water, vegetation, fish, shellfish and wildlife, including repair
and maintenance of duck blinds or wildlife management shelters.
(8)
Any regulated activity which is no closer than 50 feet
to surface waters on a residential parcel improved with a functional bulkhead
or rock revetment where the activity is generally perpendicular to a bulkhead
or revetment 100 feet or more in length, and provided further that no other
unbulkheaded and/or unrevetted wetlands exist landward of such bulkhead or
revetment, and provided further that such bulkhead or rock revetment was constructed
or erected prior to August 13, 1993, and provided further that no activities
related to construction take place closer than 50 feet to surface waters and
that a project-limiting fence is installed to contain disturbance, as recommended
by the approving authority in its letter of nonjurisdiction. This provision
applies only to those property owners on which the bulkhead is situated.
(9)
Construction of a second-story addition to an existing
residence which was built prior to August 13, 1993, provided that such residence
is equipped with a septic system that meets current Suffolk County Department
of Health Services standards and does not require the demolition and rebuilding
of the residence to support a second story, and provided further that no activities
related to the construction take place within wetlands and that a project-limiting
fence is installed to contain disturbance, as recommended by the approving
authority in its letter of nonjurisdiction.
(10)
Activities that have received final conditional subdivision approval from the Town of Southampton Planning Board. If a subdivision has been approved and more than three years has lapsed, an owner must submit an application for an administrative wetlands permit to the Chief Environmental Analyst for an administrative wetlands permit pursuant to § 225-7.
(11)
Activities which occur landward of the upper landward
edge of the face of a bluff which lies generally parallel to the most landward
wetland boundary, with the exception of structures and septic systems which
would be no closer than 100 and 150 feet, respectively, landward of the wetland
boundary, and provided further that a nonfertilization/nondisturbance buffer
zone of at least 75 feet in width would be maintained.
C.
If any part of this chapter conflicts with town, Village,
county or state law, the law or ordinance that is more protective of the environment
shall prevail.
The approving authority with respect to applications under this chapter
shall be the Town of Southampton Conservation Board acting pursuant to an
intermunicipal agreement between the Village and town. In the event of any
uncertainty of authority to act, the Board of Trustees shall adopt a resolution
clarifying said authority.
A.
It shall be unlawful to engage in any of the following
activities in a wetland area or within 200 feet of a wetlands boundary without
a permit or an administrative wetlands permit pursuant to this chapter:
(1)
Place or deposit, or permit to be placed or deposited,
any debris, fill, sand, gravel or other material.
(2)
Clear, dig, dredge or in any other way add to, alter
or remove any material.
(3)
Plant, seed, cultivate or maintain with the use of fertilizers any lands, other than those exempted under § 225-4B(4), unless the occupier of the land maintains a natural seventy-five-foot buffer from any wetlands boundary.
(4)
Erect, construct, reconstruct or enlarge a structure.
(5)
Build, create or install any cesspool, septic tank, leaching
field or other in-ground sewage or other waste disposal or storage system,
including any pipe, conduit or other part thereof.
(6)
Construct, create, eliminate, enlarge or diminish in
size any wetland by filling, dredging, damming or any other method.
B.
Upon receipt of an application for any kind of permit
or administrative wetlands permit involving a regulated activity, the official
charged with the duty of issuing any such permit may refer the matter to the
Chief Environmental Analyst for assistance in determining whether the proposed
work requires a permit under this chapter.
C.
The wetland boundary as determined by the Chief Environmental
Analyst shall be presumptively correct. In the event that there is a dispute
with regard to the location of any wetlands boundary between the location
of the boundary as identified by the Chief Environmental Analyst and the location
of the boundary as mapped by the applicant, the approving authority shall
consider evidence at the public hearing from the applicant and the Chief Environmental
Analyst concerning the location of the boundary. The approving authority shall
establish the final location of the boundary as part of its decision to approve,
approve with modifications or conditions, or deny the issuance of the permit.
A.
The Conservation Board shall provide an application form
setting forth the information and documentation required to be submitted by
an applicant for a wetlands permit. A full environmental assessment form pursuant
to the State Environmental Quality Review Act (SEQRA)[1] shall accompany each application considered to be a Type I or unlisted action pursuant to SEQRA. Applications shall be submitted to the Conservation Board, unless the Planning Board is the approving authority for any such application, in which case the application shall be submitted to such Board. No application shall be considered complete until the approving authority has made a determination that the application is a Type II action or has made a negative declaration pursuant to SEQRA or, where a positive declaration has been made, until the approving authority accepts a draft environmental impact statement as complete for review, the report of the Chief Environmental Analyst under § 225-8 has been received and the required fee under § 225-13 has been paid.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law, § 8-0101
et seq.
B.
Activities which require an administrative wetlands permit
shall include the following:
(1)
Construction, installation or removal of a fence, open
arbor, trellis or other similar structure, and provided further that such
activity will not have an undue adverse impact on wetlands, bluffs, cliffs,
dunes or other steep slopes adjacent to the wetlands.
(2)
Pruning, removal of nuisance and dead or diseased vegetation
or supplemental planting of native vegetation, provided that any such activity
is otherwise authorized and provided further that such activity will not have
an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep
slopes adjacent to the wetlands.
(3)
Planting, seeding, cultivating or maintaining with use of fertilizers, other than those activities exempted under §§ 225-4B(4) and 225-6A(3), where such activities would occur no closer than 75 feet landward of the wetlands boundary and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands. Where such regulated activities are proposed on undeveloped property(ies), the minimum setbacks shall be 100 feet for turf, fertilizers, pesticides, herbicides, fungicides or similar treatments, landscaping or other clearing or disturbance of natural vegetation.
(4)
Environmental testing activities, including test borings,
soil sampling, environmental assessment and inventory activities, and provided
further that such activity will not have an undue adverse impact on wetlands,
bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(5)
Actions designed to provide structural support to buildings
and structures that have incurred or are in imminent peril of incurring structural
damage, without which such buildings may suffer further failure and provided
further that such activity will not have an undue adverse impact on wetlands,
bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(6)
Demolition or removal of any material or building or
structure, provided that a project-limiting fence is installed to contain
disturbance if deemed appropriate, and provided further that such activity
will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or
other steep slopes adjacent to the wetlands.
(7)
Restoration of wetlands and wetland buffers that were
destroyed, substantially altered or degraded due to filling, excavation, drainage,
clearing and/or invasion by nuisance plants, including restoration of natural
ground elevations, natural hydrology, removal of non-native or nuisance vegetation
and planting of native vegetation or habitat management techniques designed
to enhance wetland values, and provided further that such activity will not
have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep
slopes adjacent to the wetlands.
(8)
Construction of additions to the landward side of an
existing functional single-family dwelling, where such dwelling generally
lies parallel to the wetland boundary, provided that a nondisturbance/nonfertilization
buffer zone at least 50 feet in width would be maintained.
(9)
Construction of additions to an existing structure, other than those set forth under Subsection B(8), where such activities would occur no closer than 100 feet landward of the wetlands boundary, provided that a nonfertilization/nondisturbance buffer zone at least 75 feet in width would be maintained, and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands, provided that such residence is equipped with a septic system that meets current Suffolk County Department of Health Services standards.
(10)
Construction of accessory structures for existing single-family
dwellings, where such activities would occur no closer than 100 feet landward
of the wetland boundary, provided that a nonfertilization/nondisturbance buffer
zone at least 75 feet in width would be maintained, and provided further that
such activity will not have an undue adverse impact on wetlands, bluffs, cliffs,
dunes or other steep slopes adjacent to the wetlands.
(11)
Construction of new single-family dwellings where such
activity and all associated land disturbance would occur no closer than 125
feet landward of the wetlands boundary, provided that a nonfertilization/nondisturbance
buffer zone of at least 100 feet in width would be maintained and provided
further that such activity will not have an undue adverse impact on wetlands,
bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(12)
Construction within the existing footprint of the primary
and accessory structures, provided that such activity would occur no closer
than 75 feet landward of the wetland boundary and provided that a nonfertilization/nondisturbance
buffer zone of at least 50 feet would be maintained, and provided further
that such residence would be equipped with a septic system located no closer
than 150 feet to the wetlands boundary and such activity will not have an
undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes
adjacent to the wetlands.
(13)
Construction of pervious residential driveways or walkways,
where such activities would occur no closer than 75 feet landward of the wetlands
boundary and provided further that such activity will not have an undue adverse
impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to
the wetlands.
(14)
Construction of access-related structures, including
but not limited to structures needed to ensure American Disabilities Act (ADA)
compliance, such as stairs, ramps, walkways, trails and/or other similar structures,
and provided further that such activity will not have an undue adverse impact
on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(15)
The demolition, removal, relocation, repair and/or upgrading
of existing fuel tanks, fuel lines, fuel dispensers, cesspools, septic systems
or sanitary wastewater activities, including necessary site work, and provided
further that such activity will not have an undue adverse impact on wetlands,
bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(16)
Installation and connection of underground electric,
sewer, water, gas or other utilities to a residence where such installation
will occur no closer than 75 feet landward of the wetlands boundary and will
involve restoration of existing ground elevation and vegetation, and provided
further that such activity will not have an undue adverse impact on wetlands,
bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(17)
Open water marsh management measures, and provided further
that such activity will not have an undue adverse impact on wetlands, bluffs,
cliffs, dunes or other steep slopes adjacent to the wetlands.
(18)
Construction of berms no closer than 75 feet landward
of the wetlands boundary, and 100 feet for undeveloped property(ies), and
provided further that such activity will not have an undue adverse impact
on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(19)
Construction or installation of a drainage structure
for the retention of runoff, provided that such structure incorporates the
maximum feasible setback from the wetlands and provided further that such
activity will not have an undue adverse impact on wetlands, bluffs, cliffs,
dunes or other steep slopes adjacent to the wetlands.
(20)
Renewal and/or transfer of all permits on the same conditions
as the original permit if there is no change in the natural or physical conditions
or characteristics of the project site which would warrant reconsideration
of the permit. Renewal and/or transfer of all permits shall be for a period
of one year.
(21)
Improvement of existing driveways, but limited to adding
curbing, entrance gates, and lighting and improving drainage systems.
C.
Letter of nonjurisdiction. The landowner may request
from the approving authority or its designee a letter of nonjurisdiction.
Such a request must be made in writing and must be made in a form and manner
prescribed by the approving authority. The approving authority or its designee
shall issue a determination within 30 days of receipt of the properly submitted
written request for a determination. If the request for a determination is
denied by the designee of the approving authority, the person making the request
shall have the right to review of this request by the approving authority.
A request for review of a denial by the designee of the approving authority
shall be made by the person seeking the determination and shall be made in
writing to the approving authority within 30 days of the date of the denial
by the designee of the approving authority. The approving authority shall
make a determination on the denial by the designee of the approving authority
within 30 days after receipt of the written request.
D.
An application shall include, but not be limited to,
the following information:
(1)
The name, address and phone number of the applicant,
his/her surveyor and the applicant's agent and/or attorney, if any, and whether
the applicant is the owner, lessee or a contract vendee of that parcel. An
agent or attorney filing an application on behalf of an applicant shall be
required to file an affidavit stating that consent of all owners has been
obtained for that agent or attorney to act in their behalf.
(2)
The subdivision name, subdivision lot number, the zoning
district, the Suffolk County Tax Map number and the town-designated property
number, the parcel's location in any zoning overlay districts and the size
of the parcel.
(3)
List whether any rights-of-way, easements, restrictive
covenants or any other encumbrances exist on the parcel and include the legal
instrument creating said encumbrance.
(4)
List whether any prior wetlands permits have been issued
by the town under Chapter 175 and/or Chapter 325 of Code of the Town of Southampton
and, if so, give the date the permit was issued and the name of the applicant.
(5)
List whether a wetlands permit or letter of nonjurisdiction
has been obtained for the proposed project from the New York State Department
of Environmental Conservation and, if so, provide a copy of document.
(6)
List the predominant soil types on the parcel, describe
the drainage characteristics of the property and the depth to groundwater
on the parcel.
(7)
List whether any hunting, fishing or shellfishing opportunities
presently exist on or adjacent to the parcel.
(8)
List whether the property contains any species of plant
and/or animal life listed as rare, threatened or endangered by the United
States of America, the State of New York or the New York State Heritage Program
and, if so, list the species and its status.
(9)
List whether the property has ever been used for the
disposal of solid and/or hazardous waste.
(10)
List the dimensions, square footage, type of each proposed
structure and the setback to all wetland boundaries and property lines for
each proposed structure.
(11)
List the type and square feet or acres of vegetation
and soil types, if any, to be cleared or removed.
(12)
List separately the amount of fill to be deposited on
site for a septic system and for the rest of the proposed project.
(13)
List the anticipated water usage per day.
(14)
List whether the application requires the issuance of
federal, state or other local government approval and/or permits.
(15)
A deed and/or title report demonstrating ownership of
the subject parcel.
(16)
A disclosure affidavit from all owners of the property.
E.
Plot plan. The applicant shall provide 10 blue print
copies of a plot plan based upon an up-to-date guaranteed survey giving a
detailed layout of the lot or parcel, drawn to scale, and which clearly shows:
(1)
All property lines with directional bearings and distances,
the parcel's relationship to adjoining premises and public streets, and lot
area.
(2)
The nature, size and location of any wetlands as flagged
or verified by the staff of the Department of Land Management, Environmental
Division.
(3)
Existing topography of the site at two-foot contour intervals
as referred to the 1929 NGVD datum, the boundary line of mean high water where
the parcel bounds on tidal waters, and water depth contours for fill projects
or pond enlargements.
(4)
Location of existing and proposed wells and septic systems,
and the location of adjacent wells and septic systems within 150 feet of the
subject property.
(5)
The location of all existing and proposed buildings,
structures, improvements, driveways and parking areas, the number of stories
for each structure, with setback dimensions to each structure from all property
lines and wetlands. The closest point from any wetland should be clearly marked
depicting setbacks in linear feet. The existing and proposed edge of clearing
shall also be shown on the survey.
(6)
The location of all known easements, roads, trails, rights-of-way
and utilities on, over or immediately adjacent to the parcel.
(7)
The zoning district or districts and any zoning overlay
districts in which the subject property is located, the Suffolk County Tax
Map number, a directional arrow indicating North and the lot area.
(8)
The current flood zone designation according to FEMA,
as the same appears on the current Flood Insurance Rate Map, as amended.
F.
Nothing herein shall prevent the approving authority
from requiring an applicant to submit information the approving authority
deems necessary to render a decision on the application during the approving
authority's review of an application.
A.
After receipt of an application, the approving authority
shall refer the same to the Chief Environmental Analyst for review and an
advisory report. The Chief Environmental Analyst shall report back to the
approving authority in writing.
B.
The approving authority shall, no sooner than 30 days and not later than 60 days after the receipt of a complete application, hold a public hearing on any applications submitted pursuant to this chapter, unless the public hearing requirement is waived by the approving authority or the approving authority has treated the application as a minor project and has acted under the provisions of § 225-9. In determining whether to hold a public hearing, the approving authority shall consider the degree of public interest in the application and the extent to which a public hearing can aid the decisionmaking process by providing a mechanism for collecting relevant data.
C.
The approving authority shall give notice of a public
hearing as follows:
(1)
By causing notice of such hearing to be published in
the official Village newspaper and one additional newspaper of general circulation
at least 10 days prior to the date set for such hearing.
(2)
By requiring the applicant to erect a white sign or signs
with black lettering, measuring not less than two feet long and one foot wide,
which shall be prominently displayed on the premises facing each public street
on which the property abuts, giving notice of the date, time and place where
the public hearing will be held. The sign shall not be set back more than
10 feet from the street line and shall not be less than two nor more than
six feet above the grade at the street line. The sign shall be made of durable
material and shall be furnished by the approving authority. It shall be displayed
for a period of not less than 10 days immediately preceding the public hearing
date. No additional posting shall be required for any adjournment date. The
applicant shall file an affidavit that he has complied with the provisions
of this section.
(3)
By requiring the applicant to mail written notice of
the date, time and place of the hearing, together with a copy of the application
and survey submitted to the approving authority, by certified mail, return
receipt requested, to every property owner, as shown on the current Town of
Southampton assessment rolls, of parcels abutting the property which is the
subject of the application, proof of which shall be submitted to the approving
authority on or before the commencement of the public hearing in the form
of an affidavit with postal receipts annexed thereto confirming mailing of
said notices at least 10 days prior to the hearing date.
(4)
If the applicant cannot provide the affidavits as required by Subsection C(2) and (3) at the time of the hearing, the applicant shall be required to pay an additional fee of $50 prior to the rescheduled hearing date. The Conservation Board shall have the authority to waive this fee when in its judgment a waiver of the fee is appropriate.
D.
Within 45 days of the close of any public hearing, the approving authority shall render a decision to approve, approve with modifications or conditions or deny the issuance of a permit for the proposed activity. The approving authority shall also set the term of any permit issued pursuant to its decision, in accordance with the provisions of § 225-11.
E.
If the public hearing requirement has been waived, a decision to approve, approve with modifications or conditions, or deny the issuance of a permit shall be rendered within 45 days of the receipt of a complete application. The approving authority shall also set the term of any permit issued pursuant to its decision, in accordance with the provisions of § 225-11.
F.
The approving authority may require covenants, performance/maintenance
bonds or other similar documents to assure that the provisions of this section
are adhered to.
A.
The landowner may request from the Chief Environmental Analyst an administrative wetlands permit by completing an application. The application will allow the Chief Environmental Analyst to determine that such activity is described in § 225-7B and that such activity is compatible with the intent and purposes of this chapter and will not have a significant impact on wetlands or their functions and benefits. The application for an administrative wetlands permit must be upon the form provided by the Chief Environmental Analyst and must include the following minimum information:
B.
If the Chief Environmental Analyst determines to issue an administrative wetlands permit, the application procedures set forth in § 225-8 need not be followed. Such administrative wetlands permit shall be issued within 45 days of an accepted request therefor. Nothing herein shall be construed to prohibit the Chief Environmental Analyst from attaching such reasonable conditions to an administrative wetlands permit to ensure that wetlands or their benefits will not be adversely affected.
C.
Administrative wetlands permits will be issued by and
bear the name and signature of the Chief Environmental Analyst and will specify
the:
(1)
Activity for which the permit is issued.
(2)
Address or location where the activity is to be conducted.
(3)
Name and address of the applicant.
(4)
Permit number and date of issuance.
(5)
Period of permit validity. If not otherwise specified,
the permit will expire three years from the date of issuance.
(6)
Terms and conditions of the approval.
D.
If the Chief Environmental Analyst determines that a proposed activity, despite its inclusion in § 225-7B, may have an adverse impact on wetlands or their functions and benefits, the Chief Environmental Analyst may deny issuance of an administrative wetlands permit and require an application pursuant to § 225-7D of this chapter. Any such decision shall be communicated to the party requesting the administrative wetlands permit within 15 days thereof and must include a finding of fact that enumerates the basis for the issuance or denial of the permit.
E.
Acting on administrative wetlands permits. All decisions
shall be filed in the Village Clerk's office. The Chief Environmental Analyst
will also provide the Board of Trustees on a monthly basis with a list of
administrative wetlands permits that were issued or denied and will also provide
the Board of Trustees with a description of the proposed project, location
of the proposed project, and the basis for the issuance/denial of the administrative
wetlands permit.
F.
Upon approval of the application, the Chief Environmental
Analyst shall cause two sets of plans and specifications to be endorsed with the
word "Approved." The Chief Environmental Analyst shall also cause an administrative
wetlands permit to be issued. Prior to any construction or land disturbance,
the applicant shall prominently display said administrative wetlands permit
on the premises facing each public street. The applicant shall also keep a
copy of the plans and specifications on site open to inspection by the Chief
Environmental Analyst or his authorized representative at all reasonable times.
G.
The Building Inspector or designee shall accept applications
for administrative wetlands permits, which shall forward one copy of each
application submitted to the Chief Environmental Analyst.
H.
The Chief Environmental Analyst may issue and extend
an administrative wetlands permit for one or more periods of up to three years
each.
J.
The Chief Environmental Analyst may suspend or revoke
an administrative wetlands permit theretofore issued and approved in the following
instances:
(1)
Where he finds that there has been any false statement
or misrepresentations as to a material fact in the application, plans or specifications
on which the administrative wetlands permit was based.
(2)
Where he finds that the administrative wetlands permit
was issued in error and should not have been issued in accordance with the
applicable law.
(3)
Where he finds that the work performed under the permit
exceeds the scope of the application for which the permit was issued or there
is a violation of one of the conditions of the permit.
A.
Permits shall delineate a specific buffer zone from the
wetlands boundary for activities regulated by this chapter. The approving
authority shall, where practicable, impose a minimum buffer zone of 100 feet
for turf, fertilizers, pesticides, herbicides, fungicides or similar treatments,
landscaping or other clearing or disturbance of natural vegetation, 125 feet
for structures, and 150 feet for wastewater disposal and/or sanitary systems;
provided, however, that where such regulated activities are proposed on developed
properties, the minimum buffer zone imposed shall, where practicable, be 75
feet for turf, fertilizers, pesticides, herbicides, fungicides or similar
treatments, landscaping or other clearing or disturbance of natural vegetation,
and 100 feet for structures; provided further, however, that where such setbacks
are imposed landward of the wetland community of a constructed water recharge
basin, the minimum buffer zone imposed shall be 25 feet for regulated activities.
The approving authority shall impose greater buffer zones only where there
is an affirmative showing on the record that the imposition of the minimum
buffer zone would be insufficient, due to site-specific features, to protect
and preserve the wetlands.
B.
No wetlands permit shall be issued unless the applicant
demonstrates and the approving authority finds that the following standards
have been met:
(2)
The maximum practicable buffer zone, sufficient to protect and preserve the wetland (as required by Subsection A above), has been established for all activities regulated by this chapter.
(3)
All reasonable mitigation measures have been taken to
ensure that wetlands or their benefits will not be adversely affected.
(4)
The proposed project will not diminish any wetland in
size or quality, unless the approving authority finds that the proposed activity
is water-dependent or requires access to the wetland as a central element
of its basic function and will result in the minimum possible alteration or
impairment of the wetland or, if the proposed activity is not water-dependent,
that there is no practicable alternative.
C.
The approving authority shall, where practicable, impose
an expanded minimum buffer zone of 100 feet for turf, fertilizers, pesticides,
fungicides or similar treatments, landscaping or other clearing or disturbance
of natural vegetation, 125 feet for structures, and 175 feet for wastewater
disposal and/or sanitary systems from wetlands documented as habitat for rare
and endangered plants and animals and/or rare ecological communities, as documented
by the New York Natural Heritage Program. Areas that the approving authority
may consider for expanded minimum buffers include, but are not limited to,
extremely sensitive areas, such as coastal plain ponds and pond shores; coastal
plain inland Atlantic white cedar swamps; and breeding habitat for state endangered
eastern tiger salamander, northern harrier, least and roseate terns, and osprey.
D.
For projects that do not satisfy the standards enumerated
in this section, the approving authority shall consider imposing less than
the recommended setbacks if the approving authority finds that the following
requirements have been met:
(1)
If the approving authority determines that the applicant has demonstrated that there are no practicable alternatives which meet the standards set forth in Subsection A. Practicable alternatives that meet the standards set forth in Subsection A are presumed to be available unless the applicant clearly demonstrates otherwise.
(2)
The approving authority shall require the applicant to
submit information to describe sites and the work both for the proposed location
and alternative site locations and configurations sufficient for a determination
by the approving authority. The level of detail shall be commensurate with
the scope of the project and the practicability of alternatives.
(3)
The approving authority shall require the applicant to demonstrate that the proposed work and location would have a less adverse environmental impact than any practicable alternative that meets the standards set forth in Subsection A in order for it to be approved. Practicable alternatives that meet the standards set forth in Subsection A are presumed to have less adverse impacts on the wetlands than projects that do not meet such standards, unless the applicant clearly demonstrates otherwise.
(4)
The approving authority may consider imposing less than
the recommended setbacks if the approving authority determines that the applicant
has demonstrated the following:
(a)
A buffer zone with an overall average width equivalent to the minimum required buffer zones set forth in Subsection A for turf, fertilizers, pesticides, herbicides, fungicides or similar treatments, landscaping or other clearing or disturbance of natural vegetation will provide equivalent protection of the wetland, or that partial relief of the minimum buffer requirements is both reasonable and sufficient to justify a lesser overall average buffer zone for such activities.
(b)
The proposed work and location will not impair the capacity
of the wetland and buffer to provide essential wildlife habitat characteristics,
including, among others, food, shelter, breeding, cover, screening and migratory
habitat, as well as essential corridors and connective functions.
(c)
The proposed work and location will not impair wetlands
and surface water quality by incorporating erosion, sedimentation and runoff
controls to minimize nonpoint source pollution.
(d)
Mitigating measures shall be implemented that contribute
to the protection and enhancement of wetlands and wetland benefits.
E.
Any subdivision application submitted for review and
final conditional approval shall be required to meet the standards for issuing
a permit set forth in this section. As part of final conditional approval,
the Planning Board will include, as a condition, a resolution from the Conservation
Board approving, denying or modifying the conditions set forth by the Planning
Board. The Planning Board can override a condition of the Conservation Board
by a unanimous vote of all members of the Planning Board. If the Conservation
Board does not pass a resolution approving, denying or modifying the conditions
within 62 days of the receipt of a complete final plat submission or within
62 days after the date of the public hearing if such hearing is held, then
the Planning Board will consider this nonaction by the Conservation Board
a default approval by the Conservation Board and the Planning Board can proceed
without any resolution from the Conservation Board. When used herein the term "Planning
Board" shall mean the Board of Trustees acting as the Planning Board of the
Village.
The term of any wetlands permit issued under this chapter shall be set
by the approving authority for a definite period of not less than one year
nor more than three years. The expiration date shall be clearly stated on
the face of the permit.
A.
Upon written request filed at least 30 days prior to
the expiration date of a permit issued pursuant to this chapter, the applicant
shall be entitled to apply for modification of the existing permit, if the
approving authority finds that there has been no change in the natural or
physical conditions or characteristics of the project site which would warrant
reconsideration of the permit and if the proposed modifications will not result
in any new adverse impacts to the wetlands.
B.
A transfer of permit shall be granted upon request by
a new property owner.
C.
The approving authority may suspend or revoke a permit
where it finds that the work being performed exceeds the scope of the application
for which the permit was granted or there is a violation of one of the conditions
of the permit.
A fee schedule shall be established for all applications, and changed
as needed, by resolution of the Board of Trustees,
The following penalties shall apply:
A.
Any person who violates any provision of this chapter
shall be liable for a civil penalty not to exceed $1,000 for every such violation.
Before the civil penalty is imposed, the alleged violator shall be afforded
an opportunity to be heard before the approving authority upon due notice.
He shall have the right to know the specific charges against him and to be
represented by counsel.
B.
In addition, any person who violates any provision of
this chapter shall be guilty of a violation pursuant to the Penal Law, punishable
by a fine of not less than $500 nor more than $1,000.
C.
In lieu of or in addition to these punishments, any offender
may be punished by being ordered to restore the affected wetland to its condition
prior to the offense, insofar as that is possible. Any such order shall specify
a reasonable time for the completion of such restoration, which shall be effected
under the supervision of the approving authority. Each offense shall be a
separate and distinct offense and, in the case of a continuing offense, each
day's continuance thereof shall be deemed a separate and distinct offense.
D.
Where on-site wetlands restoration and creation may not
be feasible due to technical or other constraints, other mitigative measures,
such as off-site wetland restoration or creation and/or monetary compensation
for wetland losses, may be required. Where appropriate, the approving authority
may require a fee in lieu of direct action to compensate for wetlands damage.
Such fees shall be held in trust for the express use of wetland preservation,
creation, restoration or enhancement projects and shall not be commingled
with other funds collected under this chapter.
E.
The Board of Trustees may seek equitable relief to restrain
any violation or threatened violation of any provision of this chapter.
F.
Any violation of a permit or a letter of permission or
a condition made part of a permit or a letter of permission shall be deemed
a violation of this chapter.
Any person aggrieved by the issuance, denial, suspension or revocation
of a permit or by a civil penalty imposed under this chapter may seek relief
pursuant to Article 78 of the Civil Practice Law and Rules of the State of
New York. Such proceedings shall be instituted within 30 days after the filing
of a decision by the approving authority in the office of the Village Clerk.
Any person aggrieved by the issuance of an administrative wetlands permit
may seek relief pursuant to Article 78 of the Civil Practice Law and Rules
of the State of New York after the filing of a decision by the Chief Environmental
Analyst in the Village Clerk's office.
