[HISTORY: Adopted by the Board of Trustees
of the Village of Angola 9-1-1976 by L.L. No. 4-1976 (Ch. 38 of the 1974
Code). Amendments noted where applicable.]
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:
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.
The Environmental Conservation Law of the State of New York,
being Chapter 614 of the Laws of the State of New York, as amended.
Lands and waters within the boundaries of the Village of
Angola as shown on freshwater wetland maps.
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]
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.
Presence in the environment of human-induced conditions or
contaminants in quantities which are or may be injurious to humans,
plants, animals or property.
Activities delineated in § 113-5 of this chapter.
[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.
A.
No permit under this chapter shall be required for
the following activities:
(1)
The deposition or removal of the natural products
of freshwater wetlands and adjacent areas by recreational or commercial
fishing, agriculture, hunting or trapping, where otherwise legally
permitted and regulated.
(2)
The activities of farmers and other landowners in
grazing and watering livestock, making reasonable use of water resources,
harvesting natural products of wetlands or adjacent areas, or engaging
in the use of wetlands for growing agricultural products.
(3)
Public health activities and those conducted pursuant
to lawful orders and regulations of a State or local public health
department or agency.
B.
C.
Authorization pursuant to any other law, rule or regulation
to conduct activities which are not subject to regulation under this
chapter shall not exempt such activities from the requirements hereof.
A.
No person shall conduct a regulated activity upon
a freshwater wetland without first obtaining a valid permit pursuant
to the provisions of this chapter.
B.
Applications for permits will be filed with the Village
Clerk, who shall cause a copy of any such application to be filed
with the Zoning Board of Appeals and the Conservation Advisory Council.
Such application shall be accompanied by a nonrefundable fee of $50.
[Amended 10-19-2009 by L.L. No. 4-2009; 6-14-2021 by L.L. No. 3-2021]
C.
No sooner than 30 days and not later than 60 days
following the receipt by the Village Clerk of such application, and
after a notice of such application has been published by the applicant
in two newspapers having a general circulation in the area, the Zoning
Board of Appeals shall hold a public hearing on such application,
unless no notice of objection has been filed with the Village Clerk
or unless the Zoning Board of Appeals finds the activity to be of
such a minor nature as not substantially effect or endanger the balance
of systems within the wetlands. The Zoning Board of Appeals, in such
case, may dispense with such hearing. When the Zoning Board of Appeals
finds that a hearing is not necessary, it shall publish its decision,
setting forth its reasons therefor, which shall be a matter of public
record.
[Amended 6-14-2021 by L.L. No. 3-2021]
D.
All owners of record of the adjacent land and known
claimants to water rights shall be notified by certified mail of any
hearing to be held pursuant hereto not less than 15 days prior to
the date set for such hearing.
E.
The Zoning Board of Appeals shall cause notice of
such hearing to be published in two newspapers having a general circulation
in the Village not less than five days nor more than 10 days prior
to the date set for any such hearing.
[Amended 6-14-2021 by L.L. No. 3-2021]
F.
The Zoning Board of Appeals shall hold such public
hearings and shall act thereon and approve or disapprove the same
pursuant to the procedure set forth in § 7-728 of the Village
Law.
[Amended 10-19-2009 by L.L. No. 4-2009; 6-14-2021 by L.L. No. 3-2021]
G.
Involved agencies shall have the right to inspect
the location of the proposed activity and collect any further information
and/or data they may consider pertinent or necessary to properly review
the application.
H.
The Conservation Advisory Council shall review each
application and shall submit a report containing the Council's evaluation
of the proposed project to the Zoning Board of Appeals within 21 days
from the date upon which the application is filed with the Council
by the Village Clerk.
[Amended 6-14-2021 by L.L. No. 3-2021]
A.
In granting a permit, the Zoning Board of Appeals
may limit it or impose conditions or limitations designed to carry
out the public policy set forth in Article 24 of the Environmental
Conservation Law.
[Amended 6-14-2021 by L.L. No. 3-2021]
B.
The Zoning Board of Appeals may require a bond, in
an amount and with surety and conditions satisfactory to the Zoning
Board of Appeals, securing to the Village compliance with the conditions
and limitations set forth in the permit.
[Amended 6-14-2021 by L.L. No. 3-2021]
C.
The Zoning Board of Appeals may suspend or revoke
a permit if it finds that the permittee has not complied with a condition
or limitation set forth in the permit or has exceeded the scope of
the permitted activity.
[Amended 6-14-2021 by L.L. No. 3-2021]
D.
Duly filed in writing that the State or any agency
or subdivision thereof is in the process of acquiring any freshwater
wetlands by purchase, gift, appropriation or condemnation shall be
a sufficient basis for the denial of an application for a permit affecting
such freshwater wetlands.
The enforcement of this chapter shall be pursuant
to the provisions of Title 23 of Article 71 of the Environmental Conservation
Law.
