The Planning Board of the Town of Bethlehem shall be the responsible
Town agency for the implementation, administration and enforcement of this
chapter and shall also exercise those powers, functions, duties and responsibilities
devolved upon the Town by Article 24 of the New York State Environmental Conservation
Law, excepting therefrom those functions, powers, duties and responsibilities
limited to the Town Board or other Town agency or official by law.
As used in this chapter, the following terms shall have the meanings
indicated:
BOUNDARIES OF FRESHWATER WETLANDS
Outer limit of vegetation as specified in paragraphs (a) and (b)
of Subdivision 1 of § 24-0107 of the Environmental Conservation
Law and of the waters specified in paragraph (c) of such subdivision.
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 of 1975, as amended.
FRESHWATER WETLANDS MAPS
A map on which is indicated the boundaries of any freshwater wetland
and which has been duly filed with the Town Clerk and the Planning Board by
the State Department of Environmental Conservation.
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.
WETLANDS
All areas defined as "freshwater wetlands" in § 24-0107
of the Environmental Conservation Law and so designated on the Freshwater
Wetlands Maps prepared pursuant to § 24-0301 of the Environmental
Conservation Law when filed with the Clerk of the Town of Bethlehem.
Within an officially designated wetland, any person proposing to conduct
or cause to be conducted any of the activities specified below in Subsections
A through E shall be required to file an application for a permit with the
Town Clerk. These activities are subject to regulation whether or not they
occur upon the wetland itself, if they impinge upon or otherwise affect the
wetlands; 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 therefrom as determined by the Planning Board. Activities
requiring such a permit are as follows:
A. Erecting any structures, roads, the driving of pilings
or placing of any other obstructions whether or not changing the ebband flow
of the water.
B. 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.
C. Any form of draining, dredging, excavation or removal
of soil, mud, sand, shells, gravel or other aggregate.
D. Any form of dumping, filing or depositing of any soil,
stones, sand, 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 provisions of Title 1, Title 3 and Title 5 of Article 71 of the
Environmental Conservation Law, except as herein modified, shall be applicable
to the enforcement of this chapter. In addition, any person who violates,
disobeys or disregards any provision of this chapter or of any permit issued
hereunder shall be liable to a civil penalty of not more than $3,000 for each
such violation and an additional penalty of not more than $500 for each day
during which such violation continues, and, in addition thereto, such person
may be enjoined from continuing such violation. Penalties and injunctive relief
provided herein shall be recoverable in an action brought by the Attorney
General at the request of the Planning Board or the Commissioner of Environmental
Conservation of the State of New York. Such action may be brought in the name
of the Planning Board or in the name of such Commissioner.
Any determination of the Planning Board under this chapter may be reviewed
in accordance with the provisions of Subdivision 5 of § 24-0705
and Title 11 of Article 24 of the Environmental Conservation Law, and the
provisions of such sections shall be applicable to any such review.