Village of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Hampton 9-19-1986 by L.L. No. 24-1986 (Ch. 27 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 42.
Preservation of dunes — See Ch. 124.
Environmental quality review — See Ch. 133.
Flood damage prevention — See Ch. 160.
Subdivision of land — See Ch. 252.
Zoning — See Ch. 278.
The Village Board of the Incorporated Village of East Hampton (hereafter "Village") declares it to be the public policy of the Village to preserve, protect and conserve the wetlands located within the corporate bounds, and the benefits derived therefrom, to prevent their despoliation and destruction, to regulate the use and development thereof and to secure the natural benefits of wetlands consistent with the general welfare and beneficial economic and social development of the Village. In this connection, the Village Board finds as follows:
A. 
Rapid population growth, attended by housing, road and other construction, and increasing demands upon natural resources are found to be encroaching upon, despoiling, polluting or eliminating many of the Village's wetlands and other natural resources and processes associated therewith.
B. 
The preservation and maintenance of wetlands, in an undisturbed and natural condition, constitute important physical, ecological, social, aesthetic, recreational and economic assets necessary to promote the health, safety and general welfare of present and future residents of the Village.
C. 
It is the intent of this chapter to implement the Freshwater Wetlands Act of the State of New York as presently contained in Article 24 of the Environmental Conservation Law, as the same may be amended from time to time, to the extent that said Freshwater Wetlands Act applies to property within the Village of East Hampton, and to promote the public purposes identified therein and in this section by providing for the protection, preservation, proper maintenance and use of all of the Village's wetlands; by preventing or minimizing erosion due to flooding and stormwater runoff; by maintaining the natural groundwater supplies, preserving and protecting the purity, utility, water retention capability, ecological functions, recreational usefulness and natural beauty of all wetlands and other related features of the terrain; and by providing and protecting appropriate habitats for natural wildlife.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
A person who files an application for a permit under this chapter and who is either the owner of the land on which the proposed regulated activity would be located, a contract vendee, a lessee of the land or the authorized agent of such person.
APPROVING AUTHORITY
The Zoning Board of Appeals of the Village.
AQUACULTURE
Cultivating and harvesting products, including fish and vegetation, that are produced naturally in wetlands and installing cribs, racks and other in-water structures for cultivating these products; or the construction of any buildings or any water-regulating structures, such as dams.
BOUNDARIES OF WETLANDS
The outer upland limit of the vegetation specified in Subsections A and B of the definition of wetlands below and of lands and water specified in Subsection C of such definition.
CONVENTIONAL SEPTIC SYSTEM
An on-site sanitary system consisting of a septic tank and any associated interconnected piping, a leaching pool(s) structure and any associated interconnected piping that does not have any active or mechanical means of treatment or any supplemental filtration components.
[Added 8-18-2017 by L.L. No. 13-2017]
DEPOSIT
To fill, place, eject, discharge or dump any material, but not including stormwater.
FILLING
Depositing any soil, stones, sand, gravel, mud, rubbish or fill of any kind.
INNOVATIVE AND ALTERNATIVE ON-SITE WASTEWATER TREATMENT SYSTEM
An on-site decentralized wastewater treatment system that, at a minimum, is designed to reduce total nitrogen effluent to 19 mg/l.
[Added 8-18-2017 by L.L. No. 13-2017]
MATERIAL
Soil, stones, sand, gravel, clay, bog, peat, mud, debris and refuse or any other organic or inorganic substance, whether liquid, solid or gaseous, or any combination thereof.
PERMIT
The written approval, issued by the approving authority, where required for conducting a regulated activity in a wetland area.
PERSON
Any person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.
POLLUTION
The presence in the environment of man-made or man-induced conditions or contaminants in quantities or characteristics which are or may be injurious to human, plant or wildlife or other animal life or to property.
REGULATED ACTIVITY
Any form of draining, dredging, excavation or mining, either directly or indirectly; any form of dumping or filling, either directly or indirectly; erecting any building or structures, constructing roads, driving pilings or placing any obstructions, whether or not changing the ebb and flow of the water; any form of pollution, including but not limited to installing a septic tank, running a sewer outfall, discharging sewage treatment effluent or other liquefied wastes into or so as to drain into a wetland; or any other activity which substantially impairs any of the several functions or benefits of wetlands. These activities are subject to regulation, whether or not they occur upon the wetland itself, if they impinge upon or otherwise substantially affect the wetland and are located within the regulated area.
A. 
The depositing or removal of the natural products of wetlands by recreational or commercial fishing, shell fishing, aquaculture, hunting or trapping is not regulated under this chapter.
B. 
Public health activities, orders and regulations of the New York State Department of Health are not regulated under this chapter, provided that copies of all such orders or regulations affecting wetlands are filed with the approving authority in advance.
C. 
The replacement of legally preexisting conventional septic systems on residential properties with a valid certificate of occupancy for a dwelling or residence with an innovative and alternative on-site wastewater treatment system that has received approval by the Suffolk County Department of Health Services and the New York State Department of Environmental Conservation is not regulated under this chapter.
[Added 8-18-2017 by L.L. No. 13-2017]
A. 
The area within 150 feet of the boundary of a wetland for any structure or building; or the area within 200 feet of the boundary of a wetland for any septic or discharge system; or the area within 125 feet of a boundary of a wetland for any clearing of land, landscaping and use of fertilizers.
B. 
With respect to the area within 125 feet of a boundary of a wetland, where trimming is required but not the elimination or destruction of vegetation in order that the functions and benefits of a wetland area are not significantly impaired, the applicant shall submit to the Building Inspector an application for approval for the proposed work.
SETBACKS
Except for coastal erosion structures (sea walls, revetments, bulkheads, gabions) and docks, the nominal standard of 150 feet for setting back structures and buildings from the landward edge of any wetland, and 200 feet for setting back any septic or discharge system from the landward edge of any wetland, and 125 feet for setting back any clearing of land, landscaping and fertilizing from the landward edge of any wetland.
VILLAGE BOARD
The Village Board of the Incorporated Village of East Hampton, New York.
VILLAGE MAP
The Wetlands Map showing the appropriate boundaries and types of all wetlands in the incorporated Village (scale: one inch equals 200 feet) prepared by Larry Penny and the Group for the South Fork and dated July 31, 1986.
WETLAND RESTORATION
The control of non-native invasive species within the wetlands through their removal and/or reduction by cutting utilizing nonpowered handheld tools or equipment, except as set forth herein, pulling, and/or hand digging by shovel, and the substitution of native vegetation into such areas. Any removal proposed to be done through the use of heavy machinery, being defined as equipment to assist in the removal and planting of species other than handheld, nonpower tools except string trimmers or other similar handheld tool with a four-cycle engine or less, shall not be considered wetland restoration.
[Added 12-18-2015 by L.L. No. 24-2015]
WETLANDS
All lands and waters of the Village of East Hampton, which contain any or all of the following:
A. 
Lands and submerged lands, commonly called marshes, swamps, sloughs, bogs and flats, supporting aquatic or semiaquatic vegetation of the following types:
(1) 
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 (Acer rubrum), willows (Salix spp.), tupelo (Nyssa sykvatuca), swamp white oak (Quercus bicolor) and gray birch (Betula populifolia).
(2) 
Wetlands 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 (Alnus spp.), buttonbush (Cephalanthus occidentalis), and leatherleaf (Chamaedaphne calyculata), sweet pepper (Clethra alnifolia), swamp azalea (Rhododendron viscosum) and Winterberry Holly (Ilex verticillata).
(3) 
Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), rushes (Juncus spp.), arrowheads (Sagittaria spp.), reed (Phragmites communis), wildrice (Zizania aquatica), bur reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decondon verticillatus), smartweeds (Polygonum spp.), water plantain (Alisma spp.) and manna grasses (Glyceria spp.).
(4) 
Rooted, floating-leaved vegetation, including, among others, waterlily (Nymphaea odorata), starwort (Callitriche spp.), pondweeds (Potamogeton spp.), spatterdock (Nuphar spp.) and water cress (Nasturtium officinale).
(5) 
Free floating vegetation, including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.).
(6) 
Wet meadow vegetation which depends upon seasonal or permanent flooding or sufficiently waterlogged soils to give it a competitive advantage over other open land vegetation, including, among others, ferns (Osmunda spp., Thelypteris palustris and Woodwardcia spp.), bulrushes (Scirpus spp.), sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus), spikerush (Eleocharis spp.), beakrush (Rhynchospora spp.), umbrella sedges (Cyperus spp.) and manna grasses (Glyceria spp.).
(7) 
Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), sundews (Drosera spp.), leatherleaf (Chamaedaphne calyculata), bladderworts (Utricularia spp.), cranberries (Vaccinium macrocarpon and Vaccinium oxycoccos), pipewort (Eriocaulon spp.) and water pennyworts (Hydrocotyle spp.).
(8) 
Brackish marsh vegetation, containing elements of Subsection A(1) through (6) above, including common reeds, cattails, bulrushes, sedge, rushes, ferns, as well as switchgrass (Panicum virgatum), cordgrasses (Spartina spp.), slat marsh hay (Spartina patens) and Groundsel bush (Baccharis halimifolia).
(9) 
Submergent vegetation, including, among others, pondweeds (Potamogeton spp.), naiads (Najas spp.), bladderworts (Utricularia spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum spp.), muskgrass (Chara spp.), stonewort (Nitella spp.), waterweeds (Elodea spp.) and water smartweed (Polygonum amphibium).
B. 
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.
C. 
Lands and water substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection A or by dead vegetation as set forth in Subsection B, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
D. 
The waters overlying the areas set forth in Subsections A and B and the lands underlying Subsection C.
E. 
Man-made ponds shall not be considered "wetlands" under this section.
[Added 7-31-1996 by L.L. No. 17-1996]
ZONING BOARD
The Zoning Board of Appeals of the Incorporated Village of East Hampton.
[Amended 12-18-2015 by L.L. No. 24-2015]
Except as provided in § 163-4 hereof, it shall be unlawful to conduct, directly or indirectly, any regulated activity upon any wetland or within the regulated area unless a permit is obtained pursuant to § 163-5 or 163-6 hereof.
The following activities are permitted by right within or adjoining any wetland, except where the approving authority submits written notification to the property owner that it is assuming jurisdiction over the activity for the purpose of assuring that the intent of this chapter is not violated:
A. 
Outdoor recreation activities that do not materially alter the natural state of the land or require construction, including use of field trails for nature study, hiking or horseback riding, swimming, skin diving and boating, where otherwise legally permitted.
B. 
The operation and maintenance of such dams, retaining walls, docks, terraces, sluices, culverts or other water-control structures or devices which legally existed on the effective date of this chapter.
C. 
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.
A. 
Any person proposing to conduct or cause to be conducted a regulated activity specified herein upon any wetland or within a regulated area shall file an application on a form prescribed by the approving authority for a permit with the approving authority as hereinafter provided. Such application shall include the following:
(1) 
The name and address of the applicant and the applicant's agent, if any, and whether the applicant is owner, lessee or contract vendee. If the applicant is not the owner, the written consent of the owner must be attached.
(2) 
The 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 current guaranteed survey, prepared by a licensed surveyor, showing the landward limits of all wetlands on the parcel(s) which may be affected.
(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, 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) 
The fee prescribed by § 163-8.
(8) 
A stormwater pollution prevention plan (SWPPP), where required pursuant to Chapter 248, shall be required for approval of a freshwater wetlands permit. The SWPPP shall meet the performance and design criteria and standards of Chapter 248, and the freshwater wetlands permit shall be consistent with the provisions of Chapter 248 of the Code.
[Added 7-31-2014 by L.L. No. 11-2014]
B. 
One copy of any such application shall be filed with the Village Clerk of the Village of East Hampton and seven copies with the approving authority.
C. 
The approving authority shall publish a notice of such application in two newspapers having a general circulation in the Village.
D. 
Designation of approving authority. Completion of application.
(1) 
The approving authority, with respect to all applications, shall be the Zoning Board, except as hereafter set forth:
(a) 
The Planning Board shall be the approving authority with respect to any application which requires subdivision approval.
(b) 
The Design Review Board shall be the approving authority with respect to any application which requires site plan approval.
(c) 
The Building Inspector shall be the approving authority with respect to any request for approval for trimming but not elimination or destruction of vegetation. Approval shall be provided in a letter of permission by the Building Inspector.
[Added 7-31-1996 by L.L. No. 18-1996]
(2) 
No application shall be considered complete until the approving authority has made a negative declaration pursuant to the State Environmental Quality Review Act or, on applications about which a positive declaration has been made, until the approving authority accepts a draft environmental impact statement as complete for review.
E. 
The approving authority, within 45 days of receipt of a complete application, shall hold a public hearing on any application submitted pursuant to this chapter. The approving authority shall cause notice of such hearing to be published in two newspapers having a general circulation in the Village at least 10 days prior to the date set for such hearing. All owners of record of adjacent land shall be notified of the hearing by the applicant by certified mail, return receipt requested, not less than 15 days prior to the date set for such hearing. The applicant shall be responsible for the mailing of such notices and shall file with the approving authority an affidavit of mailing at or prior to the public hearing. All applications and maps and documents relating thereto shall be open for public inspection at the Office of the Clerk of the Village of East Hampton. The hearing of said application shall be incorporated with any other hearing required to be held by the approving authority.
F. 
Within 45 days of the date of completion of the public hearing on an application, the approving authority shall render a decision to approve, approve with modifications or disapprove the issuance of a permit for the proposed activity.
[Added 12-18-2015 by L.L. No. 24-2015[1]]
A. 
Any person proposing to conduct or cause to be conducted a wetland restoration project as defined herein shall file an application on a form prescribed by the approving authority for a permit with the approving authority as hereinafter provided.
B. 
Wetland restoration applications shall be controlled by this section, not § 163-5 of this Code.
C. 
Wetland restoration for the purposes of this section shall be defined as set forth in § 163-2.
D. 
An application for wetland restoration shall include the following:
(1) 
The name and address of the applicant and the applicant's agent, if any, and whether the applicant is owner, lessee or contract vendee. If the applicant is not the owner, the written consent of the owner must be attached.
(2) 
The street address and Tax Map designation of the subject property.
(3) 
A guaranteed survey, prepared by a licensed surveyor, which survey shall be no more than one-year old as of the date of submittal to the Village, and which shall depict:
(a) 
Lot area (in both acreage and square feet).
(b) 
All structures, including but not limited to buildings, drainage, parking areas, fences, retaining walls, pool, pool enclosure systems, areaways, air-conditioning condensers, generators, pool equipment.
(c) 
Any easements or covenants and restrictions of record.
(d) 
The edge of wetlands, as flagged by a qualified professional, subject to the review and verification by the Village wetland consultant (current to within one year from date of submittal of application).
(e) 
Lawn areas on the parcel(s) which may be affected.
(f) 
The twenty-foot contour line or coastal erosion hazard area line, if applicable.
(g) 
Topography drawn with a two-foot contour interval in the area of the wetland may be required by the authorizing authority.
(4) 
A project plan, drawn to a scale of no smaller than one inch equals 30 feet, or for small projects, a scale sufficient to depict the project on a standard working drawing no smaller than 8.5 inches by 11 inches, shall be supplied, clearly setting forth:
(a) 
The area the work is to be performed, i.e., the project area.
(b) 
The scope of the proposed work and the manner in which it is to be performed.
(c) 
The invasive plant species and location of such species intended to be addressed.
(d) 
The native species and location of such species within the project area that are to be left untouched.
(e) 
The proper on-site temporary storage of material and disposal method, and location of the temporary storage.
(f) 
The proposed native plant species to be substituted for the non-native plant species, and their quantities.
(g) 
At least three color photographs clearly depicting the project area.
(h) 
Wetlands shall be flagged by a qualified professional, subject to the review and verification by the Village wetland consultant.
(5) 
A properly completed Part One short environmental assessment form. In order to adequately review and evaluate the application, the Village may require that a completed Part One full environmental assessment form be submitted.
(6) 
Any topographical and perimeter surveys, hydrological computations, engineering studies and other factual and scientific data and reports as deemed necessary by the approving authority to permit it to arrive at a proper determination.
(7) 
The fee prescribed by § 163-9.
E. 
Ten copies of any such application shall be filed with the approving authority.
F. 
Designation of approving authority. Completion of application.
(1) 
The initial approving authority, with respect to application under this section, shall be the Zoning Board of Appeals for the Incorporated Village of East Hampton.
(2) 
No application shall be considered complete until the approving authority has made a negative declaration pursuant to the State Environmental Quality Review Act.[2] If a positive declaration is made, such project shall not be eligible for a permit under this section and must comply with all requirements and procedures under § 163-5, which approving authority shall not be bound by any SEQRA determination made herein.
[2]
Editor's Note: See the New York State Environmental Conservation Law, Article 8.
G. 
The approving authority, within 45 days of receipt of a complete application, shall render a decision to approve, approve with modifications, or disapprove the issuance of a permit for the proposed activity. No public hearing shall be required for applications under this section.
H. 
Permits under this subsection shall be issued for no more than a four-year period but may be issued for less time based upon the proposed project and scope of work. Every permit issued shall be subject to yearly review by the Code Enforcement Office of the Incorporated Village of East Hampton (hereinafter "reviewing authority"), as follows:
(1) 
On or before 30 days prior to the anniversary date of the permit being issued hereunder, the applicant shall provide the reviewing authority an updated project plan setting forth the work accomplished to date, documented through photos, and the work proposed for the next year for which the permit has been issued. Such updated approval shall be accompanied by a fee of $100.
(2) 
For any permit which is for more than two years in duration, for the project review for the approval of work for a time period covering more than 24 months from permit issuance, an updated survey of the wetland area must be submitted with the updated project plan. Only one updated survey shall be required for any permit reviews after the twenty-four-month time period (i.e., if an updated survey is submitted at the twenty-four-month review, a new survey will not be required at the thirty-six-month review).
(3) 
Any permit for which an updated project plan has not been submitted prior to the permit issuance anniversary date shall be suspended pending such submission and review under this subsection.
(4) 
The reviewing authority shall review any updated project plan and confirm that work has been performed in conformance with previous plan and contemplated work still comports with applicable law and policy.
(5) 
Upon review, the reviewing authority shall, by letter, continue such permit, modify such permit, or revoke such permit.
(6) 
Nothing herein shall limit the approving and/or reviewing authority revoking any permit issued herein at any time for a violation of the permit or applicable laws.
(7) 
Nothing herein shall prohibit the Village from inspecting the work being performed under the permit at any time.
(8) 
Any removal proposed to be done through the use of heavy machinery, defined as equipment to assist in the removal and planting of species other than handheld, nonpower tools (except string trimmers or other similar handheld tool with a four-cycle engine or less), shall not be eligible for a permit under this section.
(9) 
The applicant will be required to submit a survey showing the landward limits of all wetlands and lawn areas on the parcel(s) to close out the permit at the expiration of the permit issued herein. Failure to close out the permit in the manner required herein will prohibit the owner from obtaining any further permits for the premises and shall be a violation of this chapter.
[1]
Editor's Note: This local law also provided for the renumbering of former §§ 163-6 through 163-11 as §§ 163-7 through 163-12, respectively.
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 and the provisions of § 278-7.
[Amended 12-16-1988 by L.L. No. 17-1988; 4-17-1992 by L.L. No. 8-1992]
B. 
In granting, denying or limiting a permit for a regulated activity in a regulated area, the standards for permit issuance contained in this chapter and in any other relevant section of the Village Code and in conjunction with the classification of the subject wetland as indicated by the Village Map must be applied. In applying these standards, the effects of the proposed activity must be considered regardless of political boundaries.
C. 
In granting, denying or limiting a permit, in cases other than those defined in Subsection B of this section, the approving authority shall consider the effect of the proposed activity with reference to the public health and welfare, fishing, flood, hurricane and storm dangers and other protection or enhancement of the several functions of the wetlands and the benefits derived therefrom as set forth in this chapter, irrespective of political boundaries. No permit shall be granted which would have a substantial adverse impact on the public health and welfare or the protection or enhancement of the several functions of wetlands and the benefits derived from them as set forth in this chapter, regardless of political boundaries.
D. 
In addition to the other standards enumerated herein, the approving authority shall seek to achieve the maximum feasible setback from the wetlands for regulated activities which would ensure wetlands protection and meet all other standards of this chapter.
E. 
In granting a permit, the approving authority may limit the same or impose conditions or limitations designed to carry out the public policy set forth in this chapter. The approving authority may require a bond, in an amount and with surety and conditions satisfactory to it, securing to the Village of East Hampton compliance with the conditions and limitations set forth in the permit. The approving authority may suspend the permit if the applicant fails to comply with the terms and conditions set forth in the application.
F. 
The approving authority shall state, upon the record, findings and reasons for all actions taken pursuant to this section.
G. 
Where a permit under § 163-5 has been denied by the approving authority, the approving authority may submit the matter to the Village Board to consider acquisition for conservation purposes. The Village Board shall determine whether the denial renders the property unsuitable for any reasonable income, productive or private use for which it is adapted and destroys its economic value or all but a bare residue of its value. Where the Village Board makes such a determination, the Village Board shall, by resolution, authorize acquisition of the subject property or return the matter to the approving authority for further consideration and the issuance of a permit. The Village Board shall adopt said resolution within 90 days of receipt of the matter from the approving authority. Nothing herein shall be construed as limiting the general authority of the Village to acquire interests in real property for conservation purposes.
[Amended 12-18-2015 by L.L. No. 24-2015]
A. 
Review of the determination of the reviewing authority regarding the continuance of a permit, revoking such permit, or approving a permit with modifications under § 163-6 herein shall be pursuant to § 278-7B(1) of this Code in the same manner as a decision made by the Building Inspector. Any appeal from that determination shall be in accordance with Subsection B herein.
[Added 12-18-2015 by L.L. No. 24-2015[1]]
[1]
Editor's Note: This local law also provided for the renumbering of former Subsections A and B as Subsections B and C, respectively.
B. 
Review of the determination of the approving authority under § 163-15 or 163-16 shall be pursuant to the provisions of Title 11 of Article 24 of the Environmental Conservation Law of the State of New York or pursuant to the provisions of Article 78 of the Civil Practice Law and Rules.
[Amended 12-18-2015 by L.L. No. 24-2015]
C. 
Any owner of the wetland affected and any resident or citizen of the Village of East Hampton shall be deemed to have requisite standing to seek review.
[Amended 7-31-1998 by L.L. No. 11-1998; 12-18-2015 by L.L. No. 24-2015; 2-16-2018 by L.L. No. 2-2018]
The fees for applications for permits shall be fixed from time to time by resolution of the Board of Trustees.
A. 
This chapter shall not apply to any land uses, improvements or developments which have been exempted under § 24-1305 of the Environmental Conservation Law of the State of New York.
B. 
Where this chapter is less or more protective of the environment than the Environmental Conservation Law of the State of New York or any law or ordinance of the County of Suffolk or the Village of East Hampton, the law or ordinance that is more protective of the environment shall prevail.
C. 
This chapter shall apply to all lands within the Village of East Hampton.
D. 
It is the purpose of this chapter to provide additional and cumulative remedies to preserve, protect and conserve the wetlands of the Village. Nothing in this chapter nor anything done by virtue of it shall abridge, repeal or alter private or civil rights of action and remedies nor reduce, transfer or abolish the powers or duties of the Village's elected and appointed officers, boards or agencies.
E. 
This chapter shall not apply to any land uses, improvements or developments which were the subject of an application pending before the Planning Board, Zoning Board of Appeals or the Design Review Board on September 19, 1986.
[Added 11-21-1986 by L.L. No. 27-1986]
The following penalties shall apply:
A. 
Any person who violates, disobeys or disregards any provision of this chapter shall be liable for a civil penalty not to exceed $3,000 for every such violation. Before assessment of the civil penalty, the alleged violator shall be afforded a hearing or opportunity to be heard before the approving authority upon due notice and with rights to specification of the charges and representation by counsel.
B. 
Any civil penalty or other issued by an approving authority shall be reviewed pursuant to Article 78 of the Civil Practice Law and Rules.
C. 
Additional remedies.
(1) 
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 of not less than 15 days nor more than six months, or both. Each offense shall be a separate and distinct offense.
(2) 
Instead of these punishments, any offender may be punishable by being ordered by the court to restore the affected wetland to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the Village of East Hampton. 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. 
The approving authority shall have the right to seek equitable relief to restrain any violation or threatened violation of any provision of this chapter.
This chapter shall be effective September 1, 1986.