[HISTORY: Adopted by the Town Board of the Town of Brant 8-31-1976
as L.L. No. 2-1976. Sections 91-5A and B and 91-6B amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
This chapter shall be known and may be cited as the "Freshwater Wetlands
Protection Law of the Town of Brant."
The Town of Brant 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. It is the intent of town officials to protect
the citizens of the Town of Brant by preserving, protecting and conserving
freshwater wetlands and the benefits derived therefrom and to prevent the
despoiliation and destruction of freshwater wetlands, consistent with the
general welfare and beneficial economic, social and agricultural development
of the town.
The Planning Board 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 developed upon the town by
Article 24 of the Environmental Conservation Law, excepting therefrom those
functions, powers, duties and responsibilities limited to the Town Board or
other town agency or official by law.
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 effect 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 herefrom 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 ebb and 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, removal of
soil, mud, sand, shells, gravel or other aggregate.
D.
Any form of dumping, filling 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.
No permit under this chapter shall be required for the following activities:
A.
The deposition or removal of the natural products of
freshwater wetlands and adjacent areas by recreational or commercial fishing,
shellfishing, aquaculture, hunting or trapping, where otherwise legally permitted
and regulated.
[Amended 9-16-1992 by L.L. No. 2-1992]
B.
The activities of farmers and other landowners in grazing
and watering livestock, making reasonable use of water resources, harvesting
natural products of wetlands selectively cutting timber, draining land or
wetlands for growing agricultural products and otherwise engaging in the use
of wetlands or other land for growing agricultural products, except that structures
not required for enhancement or maintenance of the agricultural productivity
of the land and any filling activities shall not be excluded hereunder, and
provided that the use of land designated as a freshwater wetland upon the
Freshwater Wetlands Map at the effective date thereof for uses other than
those referred to in this subsection shall be subject to the provisions of
this chapter. Each farmer or landowner who intends to conduct an activity
described in § 91-4A or B above which would otherwise be regulated
shall notify the Planning Board, in writing, of such an intention, Elements
to be included are as follows:
[Amended 9-16-1992 by L.L. No. 2-1992]
C.
Public health activities and those conducted pursuant
to lawful orders and regulations of a state or local public health department
or agency.
D.
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.
Application for permits will be filed with the Town Clerk,
who shall cause a copy of any such application to be filed with the Planning
Board and the Conservation Advisory Council. Such application shall be accompanied
by a nonrefundable fee as set forth from time to time by resolution of the
Town Board.
[Amended 9-16-1992 by L.L. No. 2-1992; 10-10-1995
by L.L. No. 3-1995]
C.
No sooner than 30 days and not later than 60 days following
the receipt by the Town 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 Planning Board shall hold a public hearing
on such application and unless no notice of objection has been filed with
the Town Clerk or unless the Planning Board finds the activity to be of such
a minor nature as not to substantially affect or endanger the balance of systems
within the wetlands. The Planning Board, in such case, may dispense with such
hearing. When the Planning Board 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.
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 Planning Board shall cause notice of such hearing
to be published in two newspapers having a general circulation in the town
not less than five days nor more than 10 days prior to the date set for any
such hearing.
F.
The Planning Board shall hold such public hearings and
shall act thereon and approve or disapprove the same, pursuant to the procedure
set forth in § 276 of the Town Law.
G.
Involved agencies shall have the right to inspect the
location of the proposed activity and collect any further information and/or
data it 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 Planning Board within 21 days from the date upon which
the application is filed with the Council by the Town Clerk.
A.
In granting a permit, the Planning Board 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. The Planning
Board may require a bond, in an amount and with surety and conditions satisfactory
to the Planning Board, securing to the town compliance with the conditions
and limitations set forth in permit. The Planning Board 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.
B.
Duly filed notice, in writing, that the state or any
agency or subdivision thereof is in the process of acquiring any freshwater
wetland 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.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
Lands and waters within the boundaries of the Town of Brant as shown
on Freshwater Wetland 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.
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 § 91-4 of this chapter.
