This chapter shall be known and may be cited
as the "Freshwater Wetlands Protection Law of the Village of Angola."
The Village of Angola finds that freshwater
wetlands are invaluable resources for flood protection, wildlife habitats,
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 Village. It is the intent of Village officials to protect the
citizens of the Village of Angola by preserving, protecting and conserving
freshwater wetlands and the benefits derived therefrom and to prevent
the despoliation and destruction of freshwater wetlands, consistent
with the general welfare and beneficial economic, social and agricultural
development of the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
BOUNDARIES OF FRESHWATER WETLANDS
The outer limit of vegetation as specified in Subdivision
1(a) and (b) of § 24-0107 of the Environmental Conservation
Law and of the waters specified in Subdivision 1(c) of said section.
ENVIRONMENTAL CONSERVATION LAW
The Environmental Conservation Law of the State of New York,
being Chapter 614 of the Laws of the State of New York, as amended.
FRESHWATER WETLANDS
Lands and waters within the boundaries of the Village of
Angola as shown on freshwater wetland maps.
FRESHWATER WETLANDS MAP
A map on which are indicated the boundaries of any freshwater
wetland and which has been duly filed with the Village Clerk and the
Zoning Board of Appeals by the State Department of Environmental Conservation.
[Amended 6-14-2021 by L.L. No. 3-2021]
PERSON
Any person, State, applicant, agency, firm, partnership,
corporation, association, trust, estate, public authority or public
benefit corporation, and any unit of government or an agency or subdivision
thereof.
POLLUTION
Presence in the environment of human-induced conditions or
contaminants in quantities which are or may be injurious to humans,
plants, animals or property.
[Amended 6-14-2021 by L.L. No. 3-2021]
The Zoning Board of Appeals shall be the responsible
Village agency for the implementation, administration and enforcement
of this chapter and shall also exercise those powers, functions, duties
and responsibilities developed upon the Town by Article 24 of the
Environmental Conservation Law, excepting therefrom those functions,
powers, duties and responsibilities limited to the Village Board or
other Village agency or official by law.
[Amended 6-14-2021 by L.L. No. 3-2021]
Within an officially designated wetland, any
person proposing to conduct or cause to be conducted any of the activities
specified below (Subsections A through E) shall be required to file
an application for a permit with the Village Clerk. These activities
are subject to regulation, whether or not they occur upon the wetland
itself, if they impinge upon or otherwise affect the wetland; provided,
however, that no regulation shall apply to any area situated more
than 100 feet from the boundary of such wetland or any such greater
or lesser distance herefrom as determined by the Zoning Board of Appeals.
Activities requiring such permit are as follows:
A. Erecting any structures or roads, the driving of pilings,
or the placing of any other obstructions, whether or not changing
the ebb and flow of the water.
B. Any form of pollution, including but not limited to
installing a septic tank, running a sewer outfall, or discharging
sewage treatment effluent or other liquid wastes into or so as to
drain into a freshwater wetland.
C. Any form of draining, dredging, excavation, or removal
of soil, mud, sand, shells, gravel or other aggregate.
D. Any form of dumping, filling or depositing of any
soil, sand, stones, gravel, mud, rubbish or fill of any kind, either
directly or indirectly.
E. Any other activity which impairs any of the several
functions served by freshwater wetlands or the benefits derived therefrom,
which are set forth in § 24-0105 of the Environmental Conservation
Law.
The enforcement of this chapter shall be pursuant
to the provisions of Title 23 of Article 71 of the Environmental Conservation
Law.