Town of Southeast, NY Chapter 78 Freshwater Wetlands

[HISTORY: Adopted by the Town Board of the Town of Southeast 11-30-2023 by L.L. No. 10-2023.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law also repealed former Ch. 78, Freshwater Wetlands, adopted 4-24-2003 by L.L. No. 9-2003, as amended.

§ 78-1 Purpose; findings.

A. Declaration of policy. It is declared to be the public policy of the Town of Southeast to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, to prevent the destruction of wetlands and watercourses, in order to secure the natural benefits therefrom for the protection of public health and safety and consistent with the general welfare and the beneficial economic, social and agricultural development of the Town.

B. Findings. The following findings are made:

(1) Wetlands and watercourses in the Town of Southeast are invaluable resources for flood protection, wildlife habitat, open space, nutrient retention and sediment trapping, visual/aesthetic reasons, water-based recreation, groundwater protection potential and drinking water.

(2) Wetlands and watercourses in the Town have been or are in jeopardy of being lost, despoiled or impaired by unregulated draining, dredging, filling, excavating, building, pollution or other acts inconsistent with the natural uses of such wetlands and watercourses.

(3) Recurrent flooding of areas of the Town, aggravated or caused by the loss of wetlands or alteration of watercourses, has serious effects upon natural ecosystems and presents serious hazards to the health, safety, welfare and property of the people in the Town, within and outside such wetlands and watercourses, including loss of life, loss and damage to private and public property, disruption of lives and livelihoods, interruption of commerce, transportation, communication and governmental services, and unsanitary and unhealthful living and environmental conditions.

(4) Wetlands and watercourses conservation is a matter of concern to the entire Town, and the establishment of preservation, protection and conservation practices is essential to the public health, safety and welfare since actions on wetlands and watercourses in one location affect persons and property in other locations.

(5) Wetlands and watercourses overlap many properties and neighborhoods, and experience has demonstrated that effective wetlands and watercourses protection requires uniformity of preservation, protection and conservation throughout the Town.

(6) Loss or impairment of wetlands deprives people of the Town of some or all of the many benefits to be derived from wetlands, such as the following:

(a) Flood and stormwater runoff control by hydrologic adsorption and storage capacity of wetlands;

(b) Wildlife habitat by providing for breeding, nesting and feeding grounds and cover for many forms of wildlife, wildfowl and shorebirds, including migratory wildfowl and rare species;

(c) Protection of subsurface water resources and provision for valuable watersheds and recharging of groundwater supplies;

(d) Continuity of water flows and supplies throughout the year;

(e) Recreation by providing resource areas for hunting, fishing, boating, hiking, bird watching, photography, camping and other uses;

(f) Pollution treatment by serving as biological and chemical oxidation basins;

(g) Erosion control by serving as sedimentation areas and filtering basins, absorbing silt and organic matter, protecting channels and water bodies, dissipating erosive forces and anchoring shorelines;

(h) Education and scientific research by providing outdoor biophysical laboratories, living classroom and resources for training and education;

(i) Open space and aesthetic appreciation;

(j) Sources of nutrients in freshwater food cycles and the nursery ground and sanctuary for fish; and

(k) Vegetation providing temperature modification, purification of the air and natural products for harvest.

(7) Regulation of wetlands and watercourses is consistent with the legitimate interests of farmers and other landowners to graze and water livestock, make reasonable use of water resources, harvest natural products of the wetlands, and selectively cut timber.

§ 78-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated below:

ADMINISTRATIVE ACTIVITIES

Activity that results in less than 5,000 square feet of disturbance within a controlled area and which meets the following conditions:

A. Is an activity for which site plan or subdivision approval is not required per Chapter 123 or 138 of the Town Code.

B. No building or other structure, sewage disposal system, or well is proposed in a controlled area.

C. Does not cause the hydrological isolation of a portion of wetland.

D. Involves the excavation, grading or depositing of less than 20 cubic yards of earth materials in a controlled area but not within a wetland or watercourse.

E. Removal of water-deposited silt or debris to restore the controlled area to the condition existing before the deposit.

F. Incidental removal of trees and shrubs within the controlled area.

G. Activity is not conducted in a floodplain.

APPLICANT

The person filing an application pursuant to this chapter.

CONTROLLED AREA

Shall consist of a wetland, vernal pool, water body, or watercourse and the associated buffer.

MAJOR WETLAND PERMIT

Permit required for an activity that results in more than 5,000 square feet of disturbance within a controlled area.

MINOR WETLAND PERMIT

Permit required for an activity that results in less than 5,000 square feet of disturbance within a controlled area but does not meet the definition of "administrative activities."

MITIGATION PLAN

The plan prepared by an applicant to compensate for proposed impacts to a controlled area pursuant to the standards and requirements of this chapter. Mitigation may include on- or off-site preservation, restoration, expansion, and/or enhancement of wetlands and watercourses and associated buffers.

PERMIT

The written municipal approval required by this chapter for the conduct of a regulated activity within a controlled area.

PERSON

Includes any individual, individuals, corporation, firm, partnership, association, trust, estate, joint venture, and any unit of government, agency or subdivision thereof that is subject to this chapter.

POLLUTION

Includes, in addition to its usual meaning, the presence in the environment of man-induced conditions or contaminants in quantities or with characteristics which are or may be injurious to human, plant, wildlife, or animal forms or life or property.

STORMWATER CONVEYANCE SYSTEM

Private or public engineered drainage facilities other than sanitary sewers by which water runoff may be conveyed to receiving waters, and includes but is not limited to roads, streets, constructed channels, aqueducts, storm drain, pipes, detention and retention basins, street gutters, inlets to storm drains, or catch basins.

VERNAL POOLS

Seasonal pools of water that provide habitat for distinctive plants and animals. They are considered to be a distinctive type of wetland, usually devoid of fish, and thus allow the safe development of natal amphibian and insect species unable to withstand competition or predation by fish.

WATER BODY

A lake, pond, reservoir, and all other bodies of water, natural or artificial, which ordinarily or intermittently, at least three months a year, contain water and which have a discernible shoreline also known as the boundary. This does not include watercourses as defined herein.

WATERCOURSE

A river, stream, brook, creek, and all other waterways, natural or artificial, with an identifiable channel (defined bed and banks) through which water flows continuously or intermittently at least three months a year.

WETLAND

A. Lands and waters consisting of the following:

(1) Soil types which are poorly drained, very poorly drained, alluvial and floodplain soils as defined by the U.S. Department of Agriculture, Natural Resources Conservation Service, formally known as the Soil Conservation Service, which soil types in the Town of Southeast have the following map codes and names listed below, in addition to the characteristics set forth in Subsection A(2), (3), (4), (5) and (6):

Map Code	Name
25	Sun silt loam
27	Sun (stony silt loam)
28	Fredon loam
35	Raynham silt loam
100	Fluvaquents
101	Carlisle muck
103	Freshwater marsh (aquents)
108	Udorthents wet substratum
251	Ridgebury loam
252	Ridgebury very stony loam
311	Fluvaquents
1011	Palms muck
1251	Leicester loam
1252	Leicester very stony loam

(2) Lands and submerged lands, commonly called "marshes," "swamps," "sloughs," "bogs" and "flats," supporting aquatic or semiaquatic vegetation of the following vegetative types.

(a) Wetland trees, which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other trees, including, among others, red maple (Acer rubrum), willows (Salix spp.), black spruce (Picea mariana); swamp white oak (Quercus bicolor), red ash (Fraxinus pennsylvanica), American elm (Ulmus americana) and larch (Larix laricina);

(b) Wetland shrubs, which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other shrubs, including, among others, alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), spicebush (Lindera benzoin), winteberry (Ilex montana), redosier dogwood (Cornus stolonifera) and highbush blueberry (Vaccinum corymbosum);

(c) Emergent vegetation, including, among other, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), reed (Phragmites communis), wild rice (Zizania aquatica), bur-reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alisma plantago-aquatica);

(d) Rooted, floating-leaved vegetation, including, among others, water lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.);

(e) Free-floating vegetation, including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.);

(f) Wet meadow vegetation, which depends upon seasonal or permanent flooding or sufficiently waterlogged soils to give it a competitive advantage over other open land vegetation, including, among others, sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cutgrass (Leersia oryzoides), reed canary grass (Phalaris arundinanced), swamp loosestrife (Decodon verticillatus), spikerush (Eleocharis spp.), skunk cabbage (Symplocarpus foetidus) and false hellebore (Veratrum viride);

(g) Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarrancenia purpurea), and cranberries (Vaccinium macrocarpon and V. oxycoccos);

(h) Submergent vegetation, including, among others, pondweeds (Potamogeton spp.), mavads (Najas spp.), bladderworts (Ultricularia spp.), wild celery (Vallisneria americana), coontails (Ceratophyllum demersum), watermilfoils (Myriophyllum spp.), muskgrass (Chara), stonework (Nitella spp.), waterweeds (Elodea spp.), and water smartweed (Polygonum amphibium).

(3) Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic that has died because of wet conditions over a significantly 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.

(4) Lands enclosed by aquatic or semiaquatic vegetation as set forth in Subsection A(2) and dead vegetation as set forth in Subsection A(3), the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.

(5) Waters overlying the areas set forth in Subsection A(1) through A(3) and lands underlying areas set forth in Subsection A(4).

(6) Lands and waters possessing the characteristics described in Subsection A(1), (2), (3), (4) and (5) that are less than one acre but are both hydrologically connected to and within 50 meters (165 feet) of other wetlands and together with these exceed one acre.

B. Unvegetated open water is part of a wetland if it is more than 50% enclosed by wetland vegetation and is no larger than 2.5 hectares (6.2 acres). If the body of open water, substantially enclosed by wetland vegetation, is larger than 2.5 hectares, then only that portion within 50 meters (165 feet) of the wetland vegetation is part of the wetland.

C. Unvegetated open water adjacent to wetlands but not substantially surrounded by wetland vegetation may be considered to be part of the wetland to a depth of two meters (6.6 feet) below low water or to the maximum extent of nonpersistent emergents, if these grow at depths greater than two meters.

WETLAND INSPECTOR

The agent appointed by the Town Board to fulfill the designated enforcement and permit-processing responsibilities set forth in this chapter. A qualified Wetland Inspector shall have a degree from an accredited college or university in a related field, a minimum of two years of delineation experience, and scientific knowledge about the biogeophysical structure, function, or interrelationships of terrestrial and aquatic/semiaquatic plant and animal communities.

WETLAND, VERNAL POOL, WATER BODY, AND WATERCOURSE BUFFER

An area of 100 feet surrounding a wetland, vernal pool, water body, or watercourse that is also subject to the regulations defined herein. The 100-foot buffer will be established as follows:

A. For wetlands, the buffer will be measured horizontally and outward from the delineated boundary of the wetland. Protection of vernal pools may require buffers greater than 100 feet based on the presence of protected species and at the discretion of the Wetland Inspector and/or Planning Board.

B. For watercourses and water bodies, the 100-foot buffer will be measured horizontally and outward from the top of bank or mean high-water mark of the watercourse or water body.

§ 78-3 Regulated activities; exclusions; permit application; application transmittal.

A. Regulated activities and permits. Any person desiring to conduct a regulated activity as set forth in § 78-3B, in any controlled area, must obtain a permit through the process established by this chapter.

B. Activities regulated. Activities subject to regulation under this chapter include the following:

(1) Any form of dredging, draining, or excavation and any grading or removal of soil, mud, sand, gravel, silt or other earth material from any controlled area, either directly or indirectly; or

(2) Any form of dumping, filling or deposition of any soil, stones, sand, gravel, mud, rubbish, or fill of any kind in any controlled area, either directly or indirectly; or

(3) Erecting any building or other structure, construction of any road, driveway or motor vehicle parking facility, driving of pilings, installation of any pipe or other conduit or the placing of any other obstructions within a controlled area, whether or not the same affect the ebb and flow of water; or

(4) The use of any chemicals, dyes, fertilizers, herbicides or similar materials in any controlled area such that the same may cause pollution of waters; or

(5) Creating a diversion or obstruction of water flow in any watercourses or water bodies; or

(6) Creating an increase or decrease in the flow, velocity or volume of water in any watercourse or water body; or

(7) Introducing any additives of high thermal content that are capable of causing adverse ecological effect; or

(8) Introducing any form of pollution, including, but not limited to, installing a septic tank, running a sewer outfall and discharging sewage treatment effluent or other liquid wastes directly into or so as to drain into a controlled area; or

(9) Destroying or permitting the destruction of any trees or other plant life within a controlled area. These actions shall be reviewed by the administering authority to determine if such acts affect the prevailing surface water runoff conditions, directly or indirectly; or

(10) Any other activity which substantially impairs any of the several functions served by the wetland and watercourse (e.g., flood storage, wildlife habitat, stormwater infiltration, capturing nutrients) or their benefits as set forth in § 78-1 of this chapter.

C. Permit categories. The categories of wetland permits shall include the following:

(1) Administrative wetland permit. A permit approved by the Building Department, based on input from the Town Wetland Inspector, for administrative activities per § 78-2 that are limited in scope and would result in negligible potential impact as determined by this chapter. The Building Department may refer any application determined to be warranted to the Planning Board.

(2) Minor wetland permit. A permit approved by the Planning Board for the conduct of a regulated activities in a controlled area meeting the definition in § 78-2. The Planning Board may waive the public hearing at their discretion. The Planning Board may require mitigation at their discretion, based on input from the Wetland Inspector.

(3) Major wetland permit. A permit approved by the Planning Board for the conduct of a regulated activities in a controlled area meeting the definition in § 78-2. A public hearing shall be required. Mitigation shall be provided at a minimum ratio of 1:1 and based on the recommendation of the Wetland Inspector.

D. Exclusions. Activities excluded from regulation under this chapter include the following:

(1) Public health activities under orders and regulations of the Putnam County Department of Health, provided that copies of such orders and regulations have been filed with the Town Clerk of the Town of Southeast and that the Water Control Board may request modification of such orders if it deems it necessary to implement the policy of this chapter;

(2) Mosquito control projects approved in writing by the New York State Department of Environmental Conservation;

(3) The operation, maintenance and repair of dams, retaining walls, docks and water control structures that were in existence on the effective date of this chapter;

(4) Emergency work which is necessary to protect health and safety or prevent damage to property, provided that the Building Department is given written notice within 48 hours after commencement of such work and within 48 hours after completion of the work, and provided that such work is limited to alleviation of the emergency condition;

(5) Trimming, pruning and bracing of trees; decorative landscaping, including the addition of trees and plants;

(6) Normal ground maintenance, including mowing, trimming of vegetation and removal of dead or diseased vegetation around a residence;

(7) Removal of debris, leaves, and dead or diseased vegetation that are obstructing flow within a wetland or wetland buffer;

(8) Repair of existing walkways and walls; and

(9) Maintenance and repair of constructed stormwater conveyance system components by the Town of Southeast.

E. Application for permit. Any person proposing to conduct a regulated activity, as specified herein, requiring a wetland permit as specified in § 78-3C, shall file an application based on the permit procedures in this chapter.

F. Transmittal of application. Upon receipt, the Planning Board shall transmit a copy of each application, as follows:

(1) In the event that the wetland or watercourse crosses Town lines, to the Clerk of such adjoining township.

(2) In the event that the wetland or watercourse crosses Putnam County lines, to the Clerk of the adjoining county.

§ 78-4 Administrative wetland permit application procedure.

A. Filing an application.

(1) Application requirements. The items below are required for the Building Department to deem an application complete and ready for review. These requirements are without prejudice and may require additional information during the subsequent review process.

(a) Signed and dated application;

(b) Payment. The application shall be accompanied by a fee set in the Town of Southeast Fee Schedule, unless the application is of such a nature that the fee must be calculated after preliminary maps are drawn;

(c) A detailed description of the proposed activity;

(d) The names of the owners of record of the land and an aerial photograph at a scale of no less than one inch to 200 feet showing the project site and surrounding areas within 300 feet of the property; and

(e) A map showing the controlled area affected and any wetlands or watercourses therein, and the location, extent and nature of the proposed activity. Said map shall be prepared and certified by a licensed surveyor, professional engineer or professional architect and show contours at two-foot intervals, stone walls, fence lines, tree lines and other major features of the land. The Wetland Inspector may waive the map requirement and accept a substitute such as any subdivision plat map, grading plans, and construction plans, provided sufficient detail is included.

B. Action on application by Building Department.

(1) Upon receipt of the application, the Building Department shall refer the application to the Wetland Inspector for a report and recommendation.

(2) The Building Department and Wetland Inspector shall have the authority to make as many site inspections as necessary to complete their review of the application.

(3) Wetland Inspector Recommendation. The Wetland Inspector shall make a written recommendation to the Building Department, prior to their determination, to approve or deny any application. Such recommendation shall include the reasons for any recommendations or modifications, conditions, and limitations, as well as whether or not a permit is to be approved under this chapter.

(4) Permit approval or denial. Upon receipt of the written recommendation of the Wetland Inspector, the Building Inspector shall approve or deny the application for a permit. All approvals shall contain and be made subject to any and all conditions imposed by the Wetland Inspector determination.

(5) Permit expiration. A permit shall expire one year from the date of issuance unless a building permit has been issued for the approved activity. If the applicant has not completed the permitted action or actions granted in the permit approval within one year of issuance, the applicant may apply to the Building Inspector for a renewal of the permit for a maximum of one year.

§ 78-5 Minor or major wetland permit application procedure.

A. Filing an application. The application, along with all required submissions, should be filed in accordance with the Planning Board Meeting Deadline Submission Schedule, published online, so that there will be a sufficient amount of time for review of the application for completeness before the upcoming Planning Board meeting.

(1) Application requirements. The items below are required to deem an application complete and ready for review. These requirements, set by the Planning Board for a complete application, are without prejudice to requiring additional information during the subsequent review process, at the public hearing or any time until the Planning Board's determination is made.

(a) Signed and dated application;

(b) Payment. The application shall be accompanied by a fee set in the Town of Southeast Fee Schedule;

(c) A detailed description of the proposed activity;

(d) The names of the owners of record of the land on which the activity is to be conducted and all abutting owners;

(e) A map showing the controlled area affected and any wetlands or watercourses therein, and the location, extent and nature of proposed activity. Wetlands and watercourses should be field delineated by the New York State Department of Environmental Conservation, the United States Army Corps of Engineers, or a qualified professional retained by the applicant. Said map shall be prepared and certified by a licensed surveyor, professional engineer or professional architect and show contours at two-foot intervals, stone walls, fence lines, tree lines and other major features of the land;

(f) For projects subject to Chapter 119 of the Town Code, a stormwater pollution prevention plan that mitigates substantial increases in direct surface runoff leading to sedimentation or pollution of a wetland through the use of facilities such as dry wells, retention basins, filters, swales or ponds. The storm criteria for which these facilities are to be designed shall be set by the Wetland Inspector with the advice of the Town Engineer; and

(g) A mitigation plan.

(2) Waiver of required information. Upon a finding by the Planning Board that due to special conditions peculiar to a site, certain of the information normally required as part of the wetland permit, including the field delineation of wetlands and watercourses, is inappropriate or unnecessary, the Board may vary or waive such requirements wherever, in the opinion of the Board, such variance or waiver will not have the effect of nullifying the intent and purpose of this chapter.

B. Action on application by Wetland Inspector and Planning Board.

(1) Upon receipt of the application, the Wetland Inspector may request the submission of such additional information as he may deem necessary to determine compliance with this chapter, including but not limited to the following:

(a) An environmental inventory and an assessment of the location and the effects of the proposed activity;

(b) A chemical and biological evaluation of the waters involved and the effects thereupon by the proposed activity;

(c) Hydraulic and hydrological studies of the wetlands and watercourses;

(d) A geologic evaluation of the wetland setting; and

(e) A program consisting of a schedule, sequence and type of equipment to be used in the conduct of the proposed activity.

(2) The Planning Board and the Wetland Inspector shall have the authority to make as many site inspections as necessary to complete their review of the application.

(3) The Planning Board, upon receipt of the application, shall determine whether the proposed activity requires a project development plan application, as the same may be required pursuant to the Town of Southeast Zoning Ordinance,[1] or a subdivision application.

[1] Editor's Note: See Ch. 138, Zoning.

C. Notice and hearing. Once an application is deemed complete, the following notice and hearing requirements shall be applicable for major wetland permits.

(1) The applicant shall post a sign on the property consistent with the requirements of § 138-44A.

(2) The Planning Board may hold a public hearing on a minor wetland permit at its discretion.

(3) At least 10 days' prior to a public hearing, if any, the applicant shall send notice of such hearing by U.S. Postal Service certified or registered mail, return receipt requested, to the owners of all lots within 500 feet of the lot where the activity is proposed.

(4) Notice of any public hearing shall be published by the Planning Board in one newspaper having a general circulation in the Town, not less than five days before such hearing.

D. Report. Within 65 days after the application is received, or after notice has been published by the applicant under § 78-5C(1), whichever is later, the Planning Board, having received a report from the Wetland Inspector, shall make a determination as to whether or not the proposed regulated activity, with or without modification set by the Planning Board, conforms to the criteria set forth in § 78-5H.

E. Extension of time. The applicant and the Planning Board may, by mutual consent, extend the time for a determination on the application.

F. Conditions. The Planning Board may specify requirements for modification of the proposed regulated activity and conditions or limitations for conduct of the activity, including, but not limited to, the time for conduct and completion of the activity and a requirement to post a bond and pay inspection fees in amounts determined by the Town Engineer to guarantee completion of the work in accordance with plans. In addition to the general conditions set forth in the permit approval and such conditions as the Planning Board may require in carrying out the public policy reflected in this chapter, every permit application approved shall contain the following conditions in the resolution adopted by the Planning Board:

(1) The Wetland Inspector shall have the right to inspect the permitted activity from time to time.

(2) The permit shall expire one year after the date of approval. The permit shall be approved concurrent with any permits required by the Town of Southeast and New York State Department of Environmental Conservation (MS4) for the initiation of site disturbance. The Wetland Inspector has the authority to recommend a four-year limitation on projects of significant magnitude. No permits shall be approved for periods exceeding four years. Renewal procedures are as per Subsection J of these procedures.

(3) The permit holder shall notify the Planning Board Secretary at least seven days in advance of the anticipated date of construction to schedule a preconstruction meeting with the Wetland Inspector and Town Engineer. The preconstruction meeting may be waived at the discretion of the Wetland Inspector.

G. Wetland Inspector recommendation. The Wetland Inspector shall make a written recommendation to the Planning Board, prior to their determination, to approve or deny any application. Such recommendation shall include the reasons for any recommendations or modifications, conditions, and limitations, as well as whether or not a permit is to be approved under this chapter.

H. Criteria for approval. The following are criteria applicable to the approval of permits for proposed regulated activities in controlled areas:

(1) The activity will not have a substantial adverse effect upon the natural benefits of a wetland or watercourse as set forth in § 78-1B; and

(2) The activity will not substantially change the natural channel of a watercourse or substantially inhibit the natural dynamics of a watercourse system; and

(3) The activity will not result in the degrading or pollution of waters; and

(4) The activity will not increase the potential for flooding; and

(5) Sufficient provision has been made for control of erosion, siltation and sedimentation during and after conduct of the activity; or

(6) The activity will alleviate or remove a hazard to the public health or safety.

I. Permit approval or denial. Upon receipt of the determination of the Wetland Inspector, as provided in § 78-4 of this chapter, the Planning Board shall approve or deny the application for a permit, subject to any resolution adopted by the Planning Board, in accordance with § 78-4. All approvals shall contain and be made subject to any and all conditions imposed by the Wetland Inspector determination.

J. Renewal of permit procedures. A permit shall expire one year from the date of the resolution granting the permit approval. If the applicant has not completed the permitted action or actions granted in the permit approval, the applicant may apply to the Planning Board for a renewal of the permit for a maximum of three one-year extensions. Application for renewal must be made at least 30 days before the expiration date in the resolution. Upon receipt of an application for renewal of a permit, the Planning Board shall confer with the Wetland Inspector to determine if there are any environmental factors that would indicate that the permit renewal application should be subject to a public hearing. If the Wetland Inspector indicates that there are no factors that would require a public hearing, then the Planning Board may grant permit renewal. Additional conditions may be imposed at this time by the Wetland Inspector. If the Wetland Inspector recommends that a public hearing should be held, the Planning Board will set the date, time and location of said public hearing and cause notice to be published in a local newspaper per § 78-5C(4), authorizing the applicant to send notice to abutting landowners per § 78-5C(3). If, after the public hearing, sufficient reason is found by the Planning Board for refusing renewal of a permit, the permit shall expire on the date indicated in the initial resolution. If a permit expires, the applicant must reapply.

K. Notification of ownership and/or project name change. If a project changes its name or ownership, the new owner is responsible for notifying the Planning Board of said change. Notification should be by U.S. Postal Service certified or registered mail within 30 days of the transfer and prior to commencement of any additional work. If work is already in progress, it shall be at the discretion of the Planning Board as to whether work must cease or may proceed until a new permit approval is granted.

§ 78-6 Administration and enforcement.

A. Administration. This chapter shall be administered by the Planning Board and enforced by a Code Enforcement Officer appointed by the Town Board. The Planning Board shall consult the Wetland Inspector prior to making a determination on a permit application. The Town of Southeast Building Department shall keep records of all applications and determinations, identifiable complaints of any violation of this chapter, and of all notices of violation served by the Code Enforcement Officer and the subsequent action taken, all of which shall be public record.

B. Procedures. The Town Board may, by resolution, adopt rules and procedures for the administration of this chapter, including the submission of applications.

C. Inspections. The Building Inspector, or his authorized agents, may enter upon land or waters for the purpose of inspection to determine compliance with this chapter and for the purpose of undertaking any investigations, examinations, surveys, or other activity necessary for the purpose of this chapter.

D. Suspension and revocation. The Code Enforcement Officer is authorized to suspend or revoke a permit approval if he finds that the applicant has not complied with any of the conditions or limitations set forth in the permit approval or has exceeded the scope of the activity as set forth in the application.

E. Remedies. The Code Enforcement Officer is authorized to order, in writing, the cessation of any regulated activity being conducted in violation of this chapter; he shall withdraw such order when he determines the activity is compliant. The Code Enforcement Officer is authorized to order, in writing, the remedying of any condition which is found to be in violation of this chapter. Any person who willfully violates this chapter shall be guilty of a misdemeanor, punishable by a fine of not less than $250 nor more than $1,000. The Town Board may impose, by order after a hearing, a civil penalty not to exceed $250 for each violation of this chapter. Each day of continued violation shall constitute a separate and additional violation. An order imposing a civil penalty shall be deemed a final determination for purposes of judicial review, and the Town of Southeast may bring an action to recover such civil penalty in any court of competent jurisdiction. Such action shall be brought on behalf of the Town, and any amount recovered shall be paid into the general revenue funds of the Town. Such right of action or recovery may be released, compromised or adjusted by the Town Board. The proper authorities of the Town of Southeast may institute any appropriate action or proceeding to prevent, restrain, correct or abate any violation of this chapter and to achieve restoration of the affected wetland or watercourse to its condition prior to the violation.

F. Other laws. Approval of an application under this chapter shall not be construed to constitute compliance with any other regulation, ordinance or law, nor to relieve the applicant from responsibility to obtain a permit thereunder. The Planning Board may at their discretion withhold approval of a permit application hereunder until any other required permit has been obtained by the applicant. This chapter is in addition to, and does not abrogate or lessen the effect of, any other regulation, ordinance or law pertaining to activities regulated hereunder and controlled areas to which this chapter is applicable.

G. Appeals. Any person aggrieved by any order or decision under this chapter may seek judicial review pursuant to Article 78 of the Civil Practice Law and Rules in the Supreme Court for the County of Putnam within 30 days after the date of the filing of such order or decision with the Southeast Town Clerk. In the alternative, any person aggrieved by any order or decision under this chapter may seek review by the Freshwater Wetlands Appeals Board of the New York State Department of Environmental Conservation within 30 days after the date of the filing of such order or decision with the Town Clerk.

H. Severability. The provisions of this chapter shall be severable, and if any clause, sentence, paragraph, subdivision or part thereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision or part thereof directly involved in the controversy in which such judgment shall have been rendered.