[HISTORY: Adopted by the Town Board of the
Town of Kent 3-7-1988 by L.L. No. 1-1988.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 36.
Flood damage prevention — See Ch. 39.
Illicit discharges to storm sewers — See Ch. 43.
Watercourse — See Ch. 76.
Zoning — See Ch. 77.
[1]
Editor's Note: This local law also repealed
a local law adopted 11-2-1987, entitled "Freshwater Wetlands Protection
and Drainage Law of the Town of Kent."
This chapter shall be known as the "Freshwater
Wetlands Protection and Drainage Law of the Town of Kent."
It is declared to be the public policy of the
Town of Kent to preserve, protect and conserve freshwater wetlands
and the benefits derived therefrom, to prevent the despoliation and
destruction of freshwater wetlands and to regulate the development
of such wetlands in order to secure the natural benefits of freshwater
wetlands, consistent with the general welfare and beneficial economic,
social and agricultural development of the Town.
A.
The freshwater wetlands located in the Town of Kent
are invaluable resources for flood protection, wildlife habitat, open
space and water resources.
B.
Considerable acreage of freshwater wetlands in the
Town has been lost, despoiled or impaired by unregulated draining,
dredging, filling, excavating, building, pollution or other acts inconsistent
with the natural uses of such areas. Other freshwater wetlands are
in jeopardy of being lost, despoiled or impaired by such unregulated
acts.
C.
Recurrent flooding aggravated or caused by the loss
of freshwater wetlands has serious effects upon natural ecosystems.
D.
Freshwater wetlands conservation is a matter of Town
concern.
E.
Freshwater wetlands and watercourses overlap many
properties and neighborhoods, and experience has demonstrated that
effective freshwater wetland and watercourse protection requires uniformity
of preservation, protection and conservation throughout the Town.
F.
Any loss of freshwater wetlands deprives the people
of the Town of Kent of some or all of the many and multiple benefits
to benefits to be derived from the wetlands, such as:
(1)
Flood and storm control by the hydrologic absorption
and storage capacity of freshwater wetlands.
(2)
Wildlife habitat by providing breeding, nesting and
feeding grounds and cover for the many forms of wildlife, wildfowl
and shorebirds, including migratory wildfowl and rare species.
(3)
Protection of surface water resources and provision
for valuable watersheds and recharging groundwater supplies.
(4)
Recreation by providing areas for hunting, fishing,
boating, hiking, bird-watching, photography, camping and other uses.
(5)
Pollution treatment by serving as biological and chemical
oxidation basins.
(6)
Erosion control by serving as sedimentation areas
and filtering basins, absorbing silt and organic matter and protecting
channels and water bodies.
(7)
Education and scientific research by providing readily
accessible outdoor biophysical laboratories, living classrooms and
training and education resources.
(8)
Open space and aesthetic appreciation.
(9)
Sources of nutrients in the freshwater food cycles
and nursery grounds and sanctuaries for freshwater fish.
(10)
Vegetation providing temperature modification, purification
of the air and natural products for harvest.
G.
Regulation of freshwater wetlands and watercourses
is consistent with the legitimate interests of farmers and other landowners
to graze and water livestock, make reasonable use of the water resources,
harvest natural products of the wetlands, selectively cut timber and
otherwise engage in the use of the land for agricultural production.
A.
Except where specifically defined herein, all words
used shall carry their customary meanings. Words used in the present
tense include the future, and the plural includes the singular. The
word "shall" is intended to be mandatory.
B.
ADMINISTRATIVE PERMIT
APPLICANT
APPROVING AUTHORITY
AQUICULTURE
BOUNDARIES OF A WETLAND, WATER BODY OR WATERCOURSE
CLEAR CUTTING
COMPLETE APPLICATION
CONSERVATION COMMISSION
CONTROLLED AREA
(1)
(2)
DAMS and WATER CONTROL MEASURES AND DEVICES
DEPOSIT
FRESHWATER WETLANDS MAP
MATERIAL
PERMIT
PERSON
PLANNING BOARD
POLLUTION
REMOVE
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
TOWN BOARD
TOWN CLERK
TOWN ENGINEER
WATER BODY
WATERCOURSE
WETLANDS
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
(3)
(4)
(5)
(6)
WETLANDS INSPECTOR
ZONING BOARD
As used in this chapter, the following terms shall
have the meanings indicated:
[Amended 7-3-1989 by L.L. No. 4-1989]
A permit application issued by the Town Clerk for the activities
in wetlands that are limited in scope and limited in potential impact
as determined by this chapter.
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof, who has a request for a permit to conduct a regulated activity
before the approval authority.
The Zoning Board, the Planning Board, the Town Board or the Town Engineer, as specified in § 39A-7 hereof.
Cultivating and harvesting products, including fish and vegetation,
that are produced naturally in freshwater wetlands, and installing
cribs, racks and other in-water structures for cultivating these products;
but does not include filling, dredging, peat mining or the construction
of any buildings or any water-regulating structures such as dams.
The outer limit of the vegetation specified in Subsection
(1) of the definition of "wetlands" below, or of the land and waters
specified in Subsections (2), (3) and (4) of the definition of "wetlands"
below, or of the waters specified in the definitions of "water body"
and "watercourse" below, or of soils specified in Subsections (5)
and (6) of the definition of "wetlands" below.
The cutting of more than 1/2 of the existing living trees
measuring more than six inches in diameter at a height of five feet
in an area of 1/4 acre or more over the period of two consecutive
years within a specified area.
Any application having received preliminary approval from
the approval authority.
The duly appointed Conservation Commission of the Town of
Kent as created pursuant to § 239 of the General Municipal
Law.
An additional buffer area surrounding a wetland that is also
subject to the regulations for wetlands as defined in this chapter.
The exact size of the "controlled area" shall be determined as follows:
For all wetlands, the "controlled area" shall
extend 100 feet away from the edge of the wetland.
The "controlled area" of natural drainage systems
includes all adjacent surfaces for 100 feet as measured from the bank
of the watercourse or has an elevation of less than three feet above
the normal waterline, whichever is greater.
Barriers or berms used to obstruct the flow of water or to
raise or lower or maintain the level of water in ponds, lakes, natural
drainage systems and wetlands.
To fill, place, eject or dump any liquid, solid or gaseous
material or the act thereof, but not including stormwater.
The final Freshwater Wetlands Map, promulgated by the New
York State Department of Environmental Conservation as defined in
the Freshwater Wetlands Act, as may be amended from time to time.[1]
Substances, including but not limited to soil, silt, gravel,
rock, sand, clay, peat, mud, debris and refuse; any organic or inorganic
compound, chemical agent or matter (excluding pesticides, herbicides,
algicides and agricultural or radioactive wastes to the extent that
the same are exempt or regulated exclusively by the State of New York);
sewage, sewage sludge or effluent; and industrial or municipal soil
waste.
That form of Town approval required by this chapter for the
conduct of a regulated activity within any area of the Town of Kent
defined as a wetlands and controlled area.
See definition of "applicant."
The duly appointed Planning Board of the Town of Kent as
created pursuant to § 271 of the Town Law.
The presence in the environment of human-induced conditions
or contaminants in quantities or characteristics which are or may
be injurious to human, plant or animal life or to property.
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or regrade or the act thereof.
The law pursuant to Article 8 of the New York Environmental
Conservation Law providing for environmental quality review of actions
which may have a significant effect on the environment.
The duly elected Town Board of the Town of Kent.
The duly elected Town Clerk of the Town of Kent.
Any person employed by the Town of Kent, as a Town Engineer
or, in lieu of the same, a consulting engineer employed by the Town
of Kent.
Any body of standing water which exists at least nine months
of the year and which, when wet, is customarily more than 5,000 square
feet in water surface area.
Any body of water flowing in an identifiable channel or course
at least nine months of the year.
All lands and water in the Town of Kent which have a contiguous
area of at least 40,000 square feet and which contain any or all of
the following:
[Amended 6-19-2018 by L.L. No. 2-2018]
Lands and submerged lands commonly called "marshes,"
"swamps," "sloughs," "bogs" and "flats," whether flooded at all times,
flooded only seasonally or having a water table during at least three
consecutive months of the year within six inches of the ground surface
or supporting aquatic or semiaquatic vegetation of the types listed
in § 24-0107, Subdivision 1(a), of Article 24 of the Environmental
Conservation Law. The common names of these vegetative types are:
Wetland trees, which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other trees, including, among others,
red maple, willows, black spruce, swamp white oak, red ash, black
ash, silver maple, American elm and larch.
Wetland shrubs, which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other shrubs, including, among others,
alder, buttonbush, bog rosemary, dogwood and leatherleaf.
Emergent vegetation, including, among others,
cattails, pickerelweed, bulrushes, arrow arum, arrowheads, reeds,
wild rice, burreeds, purple loosetrife, swamp loosetrife and water
plantain.
Rooted, floating-leaved vegetation, including,
among others, waterlily, water shield and spatterdock.
Free-floating vegetation, including, among others,
big duckweed and watermeal.
Wet meadow vegetation, which depends upon seasonal
or permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other open land vegetation, including,
among others, sedges, rushes, cattails, rice cut-grass, reed canary
grass, swamp loosestrife and spike rush.
Bog mat vegetation, including among others,
sphagnum mosses, bog rosemary, leatherleaf, pitcher plant and cranberries.
Submergent vegetation, including, among others,
pondweeds, naiads, bladderworts, wild celery, coontail, water milfoils,
muskgrass, water weeds and water smartweed.
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 definitely, barring human intervention.
Lands and submerged lands containing sensitive
soils where the slope is less than 3% and where typical wetlands vegetation,
as defined in this section, and a groundwater table within six inches
of the surface for over three consecutive months in the year are found.
Soil types that are poorly drained, very poorly
drained, alluvial or floodplain soil as defined by the United States
Department of Agriculture Soil Conservation Service, including but
not limited to the following classifications:
|
25
|
Sun silt loam (includes formerly 291 Alden)
|
|
27
|
Sun extremely stony silt loam
|
|
28
|
Fredon loam
|
|
35
|
Raynham silt loam (formerly Wallington)
|
|
101
|
Carlisle muck
|
|
103
|
Freshwater marsh
|
|
108
|
Udorthents wet substratum
|
|
251
|
Ridgebury loam (formerly Massena)
|
|
252
|
Ridgebury very stony loam
|
|
311
|
Fluvaquents (formerly Cohoctah: included former
100 Rippowam and 31 Rummney)
|
|
1011
|
Palms muck
|
|
1251
|
Leicester loam (formerly 26 Leicester)
|
|
1252
|
Leicester very stony loam
|
The person appointed by the Town Board to administer and
enforce the provisions of this chapter.
The Zoning Board of Appeals of the Town of Kent, New York.
[1]
Editor's Note: See Environmental Conservation
Law § 24-0101 et seq.
Except as provided in § 39A-6 hereof, it shall be unlawful to conduct, directly or indirectly, any of the following activities upon any wetland, water body or watercourse or within the regulated area unless a permit is obtained pursuant to § 39A-7 hereof:
A.
Any form of draining, dredging, excavation or removal
of material, including but not limited to peat or other organic soil
deposits, except removal of debris or refuse.
B.
Any form of depositing or storing of any material.
C.
Erecting or enlarging any building or structure of
any kind, roads, the driving of piles, digging of wells or placing
of any other obstructions, whether or not they change the ebb and
flow of the water.
D.
Any form of activity which might tend to pollute,
including but not limited to installing a septic tank, running a sewer
outfall, discharging sewage treatment effluent or other liquid waste
into or so as to drain into any wetland, water body or watercourse.
E.
Any other activity which substantially impairs any of the several functions served by wetlands, water bodies and watercourses or the benefits derived therefrom as set forth in § 39A-3 hereof.
F.
Any clear-cutting of live trees and brush over six
inches in diameter at a point five feet above ground or more than
1/4 acre in area; any selective cutting of any living tree eight inches
or more in diameter at a point five feet above the ground.
G.
Use of off-road vehicles of any kind is absolutely
prohibited in wetlands, water bodies and watercourses.
The following activities, which might otherwise be construed as being encompassed by § 39A-5 hereof, are excluded therefrom:
A.
The depositing or removal of the natural products
of the wetlands, water bodies or watercourses by recreational or commercial
fishing, shellfishing, aquiculture, hunting or trapping where otherwise
legally permitted.
B.
Outdoor recreation activity that does not materially
alter the natural state of the land or required construction, including
use of field trails for nature study, hiking or horseback riding,
swimming, skin diving and boating, where otherwise legally permitted.
C.
Grazing, farming and harvesting of crops where otherwise
legally permitted; provided, however, that any tillage of soil shall
leave an undisturbed strip not less than 60 feet wide at the edge
of any wetland, watercourse or water body to prevent erosion, and
provided, further, that wetlands, water bodies and watercourses shall
not be drained for agricultural purposes. Each person who intends
to conduct an activity described in this subsection, which would otherwise
be regulated, shall notify the Town Engineer 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.
D.
Gardening where otherwise legally permitted; provided,
however, that any tillage of soil shall leave an undisturbed strip
not less than 60 feet wide at the edge of any wetland, watercourse
or water body to prevent erosion, and provided, further, that no pesticide
or herbicide shall be used within the regulated area or within any
wetland, water body or watercourse.
E.
Operation and maintenance of such dams, retaining
walls, terraces, sluices, culverts or other water control structures
or devices as legally existed on the effective date of this chapter.
F.
The cutting of brush and trees if there results therefrom
no adverse effect upon a wetland, water body or watercourse, and except
as otherwise regulated in this chapter.
G.
Public health activities as expressed by orders and
regulations of the Department of Health. This agency shall notify
the Planning Board, in writing, of the proposed activity it will undertake.
H.
Any actual and ongoing emergency activity which is
immediately necessary for the protection and preservation of life
or property or the protection or preservation of natural resource
values.
I.
Normal maintenance of existing lawns and gardens,
tree-trimming, pruning and bracing, the ordinary repair and maintenance
of stone walls and retaining walls, but excluding the use of pesticides
and herbicides.
A.
Any person proposing to conduct or cause to be conducted a regulated activity specified in § 39A-5 hereof upon any wetland, water body or watercourse or within the regulated area shall file an application for permit with the approving authority as hereinafter provided. Such application shall include the following information:
(1)
Name and address of the applicant and the applicant's
agent, if any, and whether the applicant is owner, lessee, licensee,
etc. If the applicant is not the owner, the written consent of the
owner must be attached.
(2)
Street address and Tax Map designation of the subject
property.
(3)
A detailed description of the specific purpose, nature
and scope of the activity proposed.
(4)
A map showing the area of wetland(s), water body(s)
or watercourse(s) involved.
(5)
Any topographical and perimeter surveys, hydrological
computations, engineering studies and other factual or scientific
data and reports as deemed necessary by the approving authority to
permit it to arrive at a proper determination.
(6)
In the case of applications affecting water-retention
capability, water flow or other drainage characteristics of any wetland,
water body or watercourse, the approving authority may require the
inclusion of a statement of the area of upstream and downstream watersheds,
impact analysis and information as to rainfall intensity in the vicinity
for not less than a ten-year return frequency, together with approximate
runoff coefficients to determine the capacity and size of any channel
sections, pipes or waterway openings, together with plans for necessary
bridges, culverts, stormwater or pipe drains that, in the opinion
of the approving authority, are needed to arrive at a proper determination
on the application, consistent with the purposes of this chapter.
(7)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of the Town of Kent Code, Chapter 66, Articles IV and V. The SWPPP shall meet the performance and design criteria and standards in Chapter 66, Article IV. The approved permit shall be consistent with the provisions of Chapter 66.
[Added 1-14-2008 by L.L. No. 2-2008]
B.
Application fee. All applications for a wetlands permit shall be accompanied by a fee which shall cover the reasonable cost associated with the processing and review of any such application submission or request, excluding SEQRA processing and review fees as set forth in Subsection B(5) below.[1]
(1)
All application fees shall be nonrefundable and shall
be in an amount set forth in a fee schedule established, and amended
from time to time, by resolution of the Town Board. No fees shall
be required from the Town or any of its districts. Fees shall be paid
to the Town of Kent by certified check.
(2)
The Town Board, Planning Board and/or Zoning Board
of Appeals, in the review of any application presented to it, may
refer such application to any planner, engineer, environmental expert,
legal counsel or other professional as such Board shall deem reasonably
necessary to assist it in the review of such application as required
by law. Fees charged by such professionals shall be in accordance
with fees usually charged for such services in the metropolitan New
York region and pursuant to a contractual agreement between the Town
and such professional. All such charges shall be paid by the Town
upon submission of a Town voucher.
(3)
Any of the approval authorities above may suspend
its review of an application if all required fees are not paid to
the Town of Kent. A building permit or certificate of occupancy or
use shall not be issued unless all applicable fees charged in connection
with the applicant's project have been paid to the Town.
(4)
No application or request shall be deemed complete
for review purposes without payment of any and all applicable fees.
(5)
In the event that a positive declaration is issued
by the approval authority, in accordance with the provisions and procedures
of the New York State Environmental Quality Review Act (SEQRA), regarding
the subject application, the following procedures shall be followed
for that portion of the application review process:
(a)
The approval authority may require the establishment
of a SEQR escrow account funded by the applicant, from which withdrawals
shall be made to reimburse the Town for the cost of professional review
services. An applicant, upon request, shall be provided with copies
of any voucher for such services as they are submitted to the Town.
Such reimbursable costs shall be in addition to any and all other
required fees by this or any other section of this chapter or any
other Town law, ordinance or regulation.
(b)
The applicant shall deposit with the Town SEQR
escrow account funds as follows:
[1]
The applicant shall deposit an initial escrow
amount to be determined by the approval authority based on its evaluation
of the nature and complexity of the application and the pending SEQR
process. Said initial escrow amount is only an estimate and is for
the convenience of the applicant, and shall not be binding upon the
approval authority.
[2]
When the balance in a SEQR escrow account is
reduced to 1/2 of the initial escrow amount, the applicant shall deposit
additional funds into such account to bring its balance up to 100%
of the amount of the initial escrow amount, or to some lesser amount
as deemed acceptable by the approval authority to complete the environmental
review of the application. If such escrow account is not replenished
within 20 days after the applicant is notified, in writing, of the
requirement for such additional deposit, the approval authority may
suspend its review of the application. A building permit or certificate
of occupancy or use shall not be issued and no approval of plats,
subdivisions, site plans, conditional use permits, special permits
or any and all other development activities authorized by this chapter
which are at the request of an applicant shall be granted unless all
professional review fees charged in connection with the applicant's
project have been reimbursed to the Town.
[3]
SEQR escrow fees shall not exceed the amounts
allowed pursuant to SEQR 6 NYCRR Part 617, as may be amended from
time to time.
[4]
After all pertinent professional service charges
have been paid, the Town shall, upon request, refund to the applicant
any funds remaining on deposit in the SEQR escrow account.
(6)
Collection of fees. All required fees shall be collected
by the Clerk or Secretary of the Board having jurisdiction over the
application.
C.
One copy of any such application shall be filed with
the Town Clerk of the Town of Kent and two copies with the approving
authority.
D.
The approving authority with respect to applications
hereunder shall be as follows:
(1)
The Zoning Board shall be the approving authority
with respect to any application which requires the issuance of any
other permit or approval by it pursuant to the local laws and ordinances
of the Town of Kent.
(2)
The Planning Board shall be the approving authority
with respect to any application which requires the issuance of any
other permit or approval by it pursuant to the local laws and ordinances
of the Town of Kent, including any application which also requires
the issuance of any permit or approval by the Zoning Board.
(3)
The Town Board shall be the approving authority with
respect to any application which requires the issuance of any other
permit or approval by it pursuant to the local laws and ordinances
of the Town of Kent, including any application which also requires
the issuance of any permit or approval by the Planning Board or Zoning
Board.
(4)
The Town Engineer shall be the approving authority
with respect to all other regulated activities, and no public hearing
shall be required.
(5)
The Planning Board shall be considered an involved
agency whenever SEQRA review is required of any permits or wetland
approvals being considered by the Town Engineer.
[Added 2-5-1990 by L.L. No. 3-1990]
E.
The approving authority shall refer any application
submitted to it pursuant to this chapter to the Conservation Commission
and the Wetlands Inspector for review and report in writing. The Conservation
Commission and the Wetlands Inspector shall report, in writing, back
to the approving authority within 30 days of the date of receipt or
within such greater period as may be specified by the approving authority
at the time of referral. Failure to comply within the specified time
period shall be interpreted by the approving authority as indicating
no objection to the application.
[Amended 7-3-1989 by L.L. No. 4-1989]
F.
A public hearing shall be held by the approving authority on the application made hereunder at such times, under such circumstances and upon such notice as may be required for the granting of the other permit or approval required of such approving authority pursuant to the local laws and ordinances of the Town of Kent. Where a time period for the holding of the public hearing on an application for such other permit or approval is specified by such local laws and ordinances, the time period specified under Subsection D hereof shall be added thereto.
G.
Approval.
(1)
On applications for which no public hearing was required,
a determination shall be made to approve, approve with modifications
or disapprove the issuance of such permit within 60 days following
receipt of a completed application therefor.
(2)
On applications for which a public hearing was required,
a determination shall be made to approve, approve with modifications
or disapprove the issuance of such permit simultaneously with the
determination by the approving authority of the other permit or approval
for which application was made.
A.
The applicant shall have the burden of demonstrating
that the proposed activity will be in accord with the policies and
provisions of this chapter.
B.
In approving, disapproving or approving with modifications,
the approving authority shall consider:
(1)
The environmental impact of the proposed action.
(2)
The alternatives to the proposed action.
(3)
Irreversible and irretrievable commitments of resources
that would be involved in the proposed activity.
(4)
The character and degree of injury to, or interference
with, safety, health or the reasonable use of property that is caused
or threatened.
(5)
The suitability or unsuitability of such activity
to the area for which it is proposed.
(6)
The effect of the proposed activity with reference
to the protection or enhancement of the several functions of wetlands,
water bodies and watercourses.
(7)
The availability of preferable alternative locations
on the subject parcel or, in the case of activity of sufficient magnitude,
the availability of other reasonable locations.
(8)
The availability of mitigation measures or safeguards
that could feasibly be added to the plan or action.
(9)
The extent to which the exercise of property rights
and the public benefit derived from such use may outweigh or justify
the possible degradation of the wetland, water body or watercourse,
the interference with the exercise of other property rights and the
impairment or endangerment of public health, safety or welfare.
C.
Permits will be issued by the approval authority pursuant
to this chapter only if the approval authority shall find that:
(1)
The proposed regulated activity is consistent with
the policy of this chapter.
(3)
The proposed regulated activity is compatible with
the public health and welfare.
(4)
There is no practicable alternative for the proposed
regulated activity on a site that is not regulated pursuant to this
chapter.
(5)
The proposed regulated activity must minimize degradation
to, or loss of, any part of the wetland, water body or watercourse
or their adjacent areas and minimize any adverse impacts on the functions
and benefits that said wetlands, water bodies and watercourses provide.
(6)
The proposed activities are in compliance with the
standards set forth in the New York State Freshwater Wetland Regulations,
6 NYCRR 665.7(e) and (g).
D.
The Zoning Board, the Planning Board and Town Board, when acting as approving authorities hereunder on applications for which no public hearing would otherwise be required, may waive their power of review and approval in cases where they determine that the proposed nature or scope of activity is such that the application should be handled administratively by the Town Engineer. In such cases, the Board shall direct the Town Engineer to decide the matter in accordance with the procedures for applications set forth in § 39A-7 and the standards for granting permits set forth in this section.
E.
Notwithstanding any other provision herein, duly filed
notice in writing that the State of New York or any agency or governmental
subdivision thereof is in the process of acquiring any wetlands by
negotiation or condemnation shall be sufficient basis for denial of
any permit.
A.
In granting a permit, the approving authority may limit the same or impose conditions or limitations designed to carry out public policy set forth in this chapter. The approving authority may require a cash bond, a surety bond or a letter of credit in an amount and with conditions satisfactory to it securing to the Town of Kent compliance with the conditions and limitations set forth in the permit. The approving authority, or its designated agent, may inspect the premises in question from time to time. The approving authority shall suspend or revoke a permit if it finds after public hearing on 10 days' written notice to the applicant, and such further notice as may have been required for the public hearing held under § 39A-7E hereof, that the applicant has not complied with one or more of the conditions or limitations set forth in the permit or has exceeded the scope of the permitted activity. An immediate stop-work order may, however, be issued by the Town Engineer pending such hearing where, in his reasonable judgment, additional damage may be done to the wetland, water body, watercourse or regulated area, pending a determination on such hearing. No public hearing shall be required for the suspension or revocation of a permit where no public hearing was required for the issuance of the same.
[Amended 9-26-2017 by L.L. No. 3-2017]
B.
Within 10 days after completion of all work allowed
under a permit granted in accordance with this chapter, the applicant
shall notify the approval authority of such completion. Within 30
days of such notification, the Town Engineer shall inspect the work
for compliance with all conditions of the permit.
C.
When all work allowed under a permit is deemed acceptable,
the Town Engineer shall issue a certificate of completion, which shall
be accompanied by cancellation or return of any bond collected for
the permit.
D.
The permit issued under this chapter shall be valid for as long as the other permit or approval issued by the approving authority, as referenced in § 39A-7C hereof, shall be valid.
E.
A copy of the permit issued under this chapter shall,
prior to the exercise of any rights granted under said permit, be
posted in a conspicuous location on the parcel to which said permit
is applicable in a manner such that the permit shall be visible from
the roadway directly accessing said parcel.
A.
This chapter shall not apply to any complete application
heretofore made to the Zoning Board, the Planning Board, Town Board
or Town Engineer for any permit or approval for which a permit would
also be required hereunder.
B.
Where this chapter is less or more protective of the
environment that the Environmental Conservation Law of the State of
New York or any law or ordinance of the County of Putnam or the Town
of Kent, the law or ordinance that is more protective of the environment
shall prevail.
[Amended 7-3-1989 by L.L. No. 4-1989]
The Wetlands Inspector, the approval authority,
the Town Engineer and any other expert retained or delegated by the
Town may enter upon land or waters for the purpose of inspection to
determine compliance with this chapter and for the purpose of undertaking
any investigation, examination, survey or other activity necessary
for the purpose of this chapter.
[Added 7-3-1989 by L.L. No. 4-1989]
A.
This chapter shall be enforced by a Wetlands Inspector
appointed by the Town Board. The Town Board may also designate Deputy
Wetlands Inspectors.
(1)
Any person, firm, corporation or entity found violating
any provision of this chapter or conditions imposed by an approval
authority upon an approved permit shall be served with a written notice
by the Wetlands Inspector. This notice shall state the nature of the
violation and shall provide a specified time within which the violation
shall cease and satisfactory corrective action be taken by the violator.
[Added 2-5-1990 by L.L. No. 3-1990]
(2)
The Wetlands Inspector shall also be authorized to
issue and serve appearance tickets to violators of this chapter.
[Added 2-5-1990 by L.L. No. 3-1990]
B.
Any person who violates, disobeys or disregards any
provision of this chapter shall be liable to the people of the Town
of Kent for a civil penalty not to exceed $3,000 for every such violation.
Each week's continuation of a condition violating this chapter shall
be deemed a separate violation.
C.
In addition to the above civil fine, 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. For a second and each subsequent offense, the
violator shall be guilty of a misdemeanor punishable by a fine of
not less than $1,000 nor more than $2,000 or a term of imprisonment
up to 15 days, or both. 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.
In addition to the above civil and criminal penalties,
the approving authority shall have the right to seek equitable relief
to restrain any violation or threatened violation of any provision
of this chapter.
