[HISTORY: Adopted by the Clarkson Town Board 7-13-1976
by L.L. No. 2-1976. Section 79-6A(1) amended and § 79-9B(3)
added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Other amendments noted where applicable.]
A.
The Town of Clarkson finds that freshwater wetlands are
invaluable resources for flood protection, wildlife habitat, open space, water
resources and recreation and other benefits associated therewith which, if
preserved and maintained in an undisturbed natural condition, constitute important
assets to existing and future residents of the Town.
B.
It is the intent of the Town Board to protect the citizens
of the Town of Clarkson by preserving, protecting and conserving freshwater
wetlands and the benefits derived therefrom, to prevent the despoliation and
destruction of freshwater wetlands and to regulate the use and development
of such wetlands consistent with the general welfare and beneficial economic,
social and agricultural development of the Town.
This chapter shall be known and may be cited as the "Freshwater Wetlands
Law of the Town of Clarkson (Local Law No. 2-1976)."
The following terms, phrases, words and their derivatives shall have
the meanings given herein:
All lands within 100 feet, horizontally, of the vegetative boundary
of any freshwater wetland.
Any form of draining, dredging, excavation, removal soil, mud, sand,
shells, gravel or other aggregate; or any form of dumping, filling or depositing
of any soil, stones, sand, gravel, mud, rubbish or fill of any kind, either
directly or indirectly; erecting any structures, roads, the driving of pilings
or the placing of any other obstructions, whether or not changing the ebb
and flow of the water; any form of pollution; and any other activity which
substantially impairs any of the several functions served by freshwater wetlands
or the benefits derived therefrom.
Any person who files an application for any permit issued by the
Town pursuant to this chapter, including the agent of the owner or a contract
vendee.
Lands and water of the Town as shown on the Freshwater Wetlands Map,
prepared for the State of New York and filed with the County Clerk and Town
Clerk, 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
vegetative types:
Wetland trees which depend upon seasonal or permanent flooding or sufficiently
waterlogged soils to give them a competitive advantage over other trees.
Wetlands shrubs which depend upon seasonal or permanent flooding or
sufficiently waterlogged soils to give them a competitive advantage over other
shrubs.
Emergent vegetation, including, among others, cattails.
Rooted, floating-leaved vegetation, including, among others, water lilies.
Free-floating vegetation.
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.
Bog mat vegetation, including, among others, sphagnum mosses.
Submergent vegetation, including, among others, pondweeds.
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.
Any person who files an application pursuant to this chapter or is
permitted to intervene pursuant to this chapter or any official within whose
area is located the freshwater wetland or adjacent area which is the subject
of an application for a freshwater wetlands permit.
That form of Town approval required by this chapter for the carrying
on of a regulated activity.
Any corporation, firm, partnership, association, trust, estate, one
or more individuals and any unit of government or agency or subdivision thereof.
The presence in the environment of man-induced conditions or contaminants
in quantities or characteristics which are injurious to humans, vegetation,
wildlife or property.
Any action resulting in direct or indirect physical impact on a freshwater
wetland, including but not limited to any regulated activity.
Any activity within a freshwater wetland or on the adjacent area
which, directly or indirectly, may substantially alter or impair the natural
condition of any freshwater wetland, including any form of pollution, including
but not limited to installing a septic tank, running a sewer outfall, discharging
sewage treatment effluent or other liquid wastes into or so as to drain into
a freshwater wetland and any other activity which substantially impairs any
of the several functions served by freshwater wetlands or the benefits derived
therefrom.
A.
Except as hereinafter provided, it shall be unlawful
for any person, without obtaining a written permit therefor issued by the
Town of Clarkson, to alter any freshwater wetland.
B.
Exceptions.
(1)
The deposition or removal of the natural products of
freshwater wetlands by recreational or commercial fishing, shellfishing, aquaculture
and hunting or trapping shall be exempt from the regulated activities.
(2)
Each farmer or landowner who intends to conduct a regulated
activity that includes grazing and watering livestock, making reasonable use
of water resources, harvesting natural products of the wetlands for growing
agricultural products and otherwise engaging in the use of wetlands or other
land for growing agricultural products shall be excluded from regulated activities
and shall not require a permit.
(3)
Public health activities, orders and regulations of the
Department of Health shall be excluded from regulated activities.
A.
Any person proposing to conduct a regulated activity
upon any freshwater wetland shall file an application for a permit with the
Building Inspector. Determination of the application shall be made by the
Building Inspector in accordance with applicable law. Such application shall
include a detailed description of the proposed activity and a map showing
the area of freshwater wetland directly affected, with the location of the
proposed activity thereon.
B.
A permit approved by the Town does not relieve the applicant
of the necessity to obtain authorization from other agencies which have jurisdiction
over the project proposal.
A.
Preparation for public hearing.
(1)
Not sooner than 30 days nor later than 60 days after
the receipt of such application, the Town Zoning Board of Appeals shall authorize
a public hearing on such application. The Town shall cause notice of such
hearing to be published at least once in a newspaper having general circulation
in the Town. The notice of hearing shall be published not less than 10 days
prior to the date set for the hearing. All owners of record of adjacent land
shall be notified of the hearing by certified mail not less than 15 days prior
to the date set for such hearing.[1]
(2)
The Zoning Board of Appeals may dispense with a public
hearing if it finds that the proposed activity is of such a minor nature as
not to affect or endanger the balance of systems within the freshwater wetland.
If the Zoning Board of Appeals finds that a hearing is not necessary, it shall
enter its decision, setting forth its reasons therefor, in the minutes of
a regularly scheduled meeting.
(3)
In granting, denying or limiting any permit, the Town
Zoning Board of Appeals shall consider the effect of the proposed activity
with reference to the public health and welfare, flood, hurricane and storm
dangers and the protection or enhancement of other freshwater wetlands and
the benefits derived therefrom. In no case shall a permit be issued which
does not meet the standards set forth in land use regulations adopted pursuant
to this chapter.
B.
Operations conducted under a permit shall be open to
inspection at any time by the Building Inspector.
A.
The permit applicant, upon approval of the permit, shall
file with the Building Inspector a performance bond, if required, in an amount
and with sureties and in a form approved by the Town Attorney.
B.
The applicant may be required to certify that he has
public liability insurance against liability which might result from proposed
operations or use covering any and all damage which might occur within three
years of completion of such operations and may be required to submit to the
Building Inspector an affidavit which indemnifies and saves harmless the Town
or agency or agent thereof from any claims arising out of or connected with
operations under the permit and from all acts, omissions, commissions or negligence
on the part of the applicant, his agents or employees.
The Town Zoning Board of Appeals shall reserve the right to require
a permit or license fee for any operation or uses permitted pursuant to this
chapter.
A.
Administrative sanctions.
(1)
Any person, firm, corporation or entity found violating
any provision of this chapter or conditions imposed by the Town Zoning Board
of Appeals upon an approved permit shall be served with a written notice at
the direction of the Town Zoning Board of Appeals stating the nature of the
violations and providing a specified time within which the violations shall
cease and satisfactory corrective action shall be taken by the violator.
(2)
Any person who violates, disobeys or disregards any provision
of this chapter shall be liable to the people of the Town for a civil penalty
not to exceed $3,000 for every such violation, to be assessed after a hearing
or opportunity to be heard upon due notice and with the rights to specification
of the charges and representatives by counsel at such hearing.
(3)
The Town Zoning Board of Appeals shall have the power,
following a hearing, to direct the violator to cease his violation of the
act and satisfactorily restore the affected freshwater wetland to its condition
prior to the violation.
B.
Criminal sanctions.
(1)
Any person who violates any order of the Town Zoning
Board of Appeals regulating freshwater wetlands shall, in addition, for the
first offense, be guilty of a violation punishable by a fine of not less than
$500 nor more than $1,000.
(2)
For a second and each subsequent offense, he 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.
