[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.]
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:
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.
The Zoning Board of Appeals of the Village.
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.
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.
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]
To fill, place, eject, discharge or dump any material, but
not including stormwater.
Depositing any soil, stones, sand, gravel, mud, rubbish or
fill of any kind.
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]
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.
The written approval, issued by the approving authority,
where required for conducting a regulated activity in a wetland area.
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
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.
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.
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.
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.
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]
[Amended 7-31-1996 by L.L. No. 19-1996]
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.
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.
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.
The Village Board of the Incorporated Village of East Hampton,
New York.
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.
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]
All lands and waters of the Village of East Hampton, which
contain any or all of the following:
Lands and submerged lands, commonly called marshes,
swamps, sloughs, bogs and flats, supporting aquatic or semiaquatic
vegetation of the following types:
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).
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).
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.).
Rooted, floating-leaved vegetation, including,
among others, waterlily (Nymphaea odorata), starwort (Callitriche
spp.), pondweeds (Potamogeton spp.), spatterdock (Nuphar spp.) and
water cress (Nasturtium officinale).
Free floating vegetation, including, among others,
duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal
(Wolffia spp.).
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.).
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.).
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).
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).
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.
Man-made ponds shall not be considered "wetlands"
under this section.
[Added 7-31-1996 by L.L. No. 17-1996]
The Zoning Board of Appeals of the Incorporated Village of
East Hampton.
[Amended 12-18-2015 by L.L. No. 24-2015]
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.
(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.
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.
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.
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]]
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.
