[HISTORY: Adopted by the Board of Trustees
of the Village of Croton-on-Hudson 7-16-2007 by L.L. No. 4-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental compliance — See Ch. 115.
Environmental quality review — See Ch. 116.
Excavation, filling and topsoil removal — See Ch. 120.
Flood damage prevention — See Ch. 129.
Professional fees — See Ch. 178.
Steep slopes — See Ch. 195.
Stormwater, drainage, erosion and water pollution control — See Ch. 196.
Trees — See Ch. 208.
Zoning — See Ch. 230.
[1]
Editor's Note: This local law also repealed
former Ch. 227, Wetlands and Watercourses, adopted 6-20-1988 by L.L.
No. 4-1988, as amended.
The Board of Trustees of the Village of Croton-on-Hudson
finds that growth of population and attendant residential and commercial
development and increasing demands upon natural resources have the
potential of encroaching upon, despoiling, polluting or eliminating
many of the wetlands, water bodies and watercourses of the Village
which, if preserved, constitute important physical, economic, social,
historic, archaeological, aesthetic, recreational and ecological assets
to present and future residents of the Village and provide important
beneficial functions, including natural flood and stormwater control,
groundwater recharge, natural pollution treatment, erosion and sediment
control, wildlife habitat creation, recreation and open space enhancement
and educational opportunities.
It is the intent of this chapter to protect the public interest, general health, safety, economic and general welfare of the citizens of the Village by providing for the protection, preservation, proper maintenance and use of its wetlands, water bodies and watercourses by preventing damage from erosion or siltation, minimizing disturbance, preserving natural habitats and protecting against flood and pollution and otherwise protecting the quality of such areas for their conservation, economic, aesthetic, recreational and other public uses and values. Further, it is the intent of this chapter to protect the surface water and groundwater resources wholly and partly within the Village from the threat of pollution, misuse or mismanagement. Therefore, because all wetlands, water bodies and watercourses are presumed to be of importance, it is hereby declared that the regulation of wetland and wetland buffer areas of the Village, as defined in § 227-3 of this chapter and as this chapter becomes effective relative to any specific area as described herein, is essential to the health, safety, economic and general welfare of the citizens of the Village.
As used in this chapter, the following terms,
phrases or words and their derivations shall have the meanings given
herein:
The act of raising crops for economic gain; as further defined
in 6 NYCRR 663.2(c).
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof, filing an application pursuant to this chapter.
The Planning Board, Water Control Commission, or the Village Engineer as specified in § 227-7G.
The Board of Trustees of the Village of Croton-on-Hudson.
The cutting of more than 10 trees with a DBH of four inches
or greater on a lot, within any twelve-month period.
To fill, place, eject or dump any liquid, solid or gaseous
material, or the act thereof, but not including stormwater.
The diameter of a tree measured at a point 4 1/2 feet
above the ground, or at the highest point of the remaining stump if
less than 4 1/2 feet, on the uphill side of the tree.
The final Freshwater Wetlands Map promulgated by the New
York State Department of Conservation as defined in 6 NYCRR 663.2(p).
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part,
as set forth in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands, prepared by the federal government and as
updated from time to time, and as on file with the Village Clerk of
the Village of Croton-on-Hudson.
Plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water
content as set forth in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands, prepared by the federal government and as
updated from time to time, and the Wetlands Plants of the State of
New York,1988, published by the United States Fish and Wildlife Service
in cooperation with the National and Regional Wetlands Plant List
Review Panels, and as updated from time to time, and as on file with
the Village Clerk of the Village of Croton-on-Hudson.
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building and its accessory buildings, if any, or
by a group of buildings having any land in common and the buildings
accessory thereto, if any, together with the required open spaces
appurtenant to such building or group of buildings.
Substances including but not limited to soil, silt, gravel,
rock, sand, clay, peat, mud, debris and refuse, any organic or inorganic
compound, chemical agent or matter (excluding pesticides, herbicides,
algaecides and agricultural or radioactive wastes to the extent that
the same are exempt or regulated exclusively by the state), sewage
sludge or effluent or solid waste (industrial or municipal).
A plan prepared by the applicant which shall specify mitigation
measures that provide for replacement wetlands and wetlands buffers
that recreate as nearly as possible the original wetlands and wetlands
buffers in terms of type, function, geographic location and setting.
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof.
The Planning Board of the Village of Croton-on-Hudson.
The presence in the environment of human-induced conditions
or contaminants in quantities or characteristics which are or may
be injurious to human, plant or animal life or to property.
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or regrade, or the act thereof.
Article 8 of the New York State Environmental Conservation
Law.
A living woody plant with an erect perennial trunk which
is four inches or more in DBH.
Relatively open areas of surface water formed in depressions
within uplands that are inundated to a minimum depth of six inches
for three to four months during the growing season (usually March
through June) and that are devoid of fish and contain amphibians (adults,
egg masses or larval stages) during the growing season.
The Village of Croton-on-Hudson, New York.
The person employed as a Village Engineer of the Village
of Croton-on-Hudson, or his or her designee.
The Water Control Commission of the Village of Croton-on-Hudson.
Any natural or artificial, permanent or intermittent, public
or private water segment such as ponds, lakes or reservoirs, that
are contained within, flow through, or border on the Village of Croton-on-Hudson.
For purposes of this definition, "intermittent" shall mean that water
stands for at least three consecutive months in a twelve-month period.
A water body is intermittently, seasonally or permanently covered
by water and contains a discernible shoreline.
Any natural or artificial, permanent or intermittent, public
or private water segment such as rivers, streams, brooks or waterways,
that is contained within, flows through, or borders on the Village
of Croton-on-Hudson. For purposes of this definition, "intermittent"
shall mean that water flows for at least three consecutive months
in a twelve-month period. A drainage ditch, swale or surface feature
that contains water only during and immediately after a rainstorm
or a snow melt shall not be considered a watercourse.
Those geographical areas of 5,000 square feet
or more, with the exception of vernal pools as defined in this chapter
that are regulated regardless of size, inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, vernal pools, wet meadows,
fens and similar areas. For the purposes of this regulation, wetlands
are defined as having one or more of the following characteristics:
Water bodies shall be encompassed under the
term "wetland" as used in this chapter. For purposes of identification,
the minimum area requirement of 5,000 square feet for the "wetland"
definition shall not apply and a minimum area requirement of 2,500
square feet shall apply instead.
Watercourses shall be encompassed under the
term "wetland" as used in this chapter. For purposes of identification,
the minimum area requirement of 5,000 square feet for the "wetland"
definition shall not apply.
"Wetland," as defined and regulated under this
chapter, shall include lands and waters that meet the definition provided
in Section 24-0107, Subdivision 1, of the New York State Freshwater
Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental
Conservation Law) and have an area of at least 12.4 acres or, if smaller,
have unusual local importance as determined by the Commissioner pursuant
to Section 24-0301, Subdivision 1, of the Act. The approximate boundaries
of such lands and waters are indicated on the Official Freshwater
Wetlands Map promulgated by the Commissioner pursuant to Section 24-0301,
Subdivision 5, or such a map that has been amended or adjusted pursuant
to Section 24-0301, Subdivision 6.
A specified area surrounding a wetlands, which is intended
to provide protection to the wetlands from human activity and other
encroachment associated with development. The wetlands buffer shall
be determined to be the area extending 120 feet horizontally from
and paralleling the outermost wetlands boundary or top of the bank
of the watercourse.
The sum total of wetness characteristics in areas that are
inundated or have saturated soils for a sufficient duration to support
hydrophytic vegetation.
A.
The Board of Trustees is hereby authorized and empowered
to create a Water Control Commission, which shall consist of five
resident members, qualified by reason of training or experience in
engineering, in water-related science, community planning, conservation,
landscape architecture, wildlife management, forestry, ecology, hydrology
or other related business or profession.
B.
The members and the Chairman of the Water Control
Commission shall be appointed by the Mayor subject to the approval
of the Board of Trustees, and the Board of Trustees may authorize
and budget for such expenses as may be necessary and proper. Each
member of the Commission shall serve for a term of five years, provided
that, of the members first appointed, one shall hold office for the
term of one year, one for the term of two years, one for the term
of three years, one for the term of four years and one for the term
of five years. If a vacancy shall occur other than by expiration of
a term, it shall be filled by the Mayor, subject to the approval of
the Board of Trustees, by appointment to the unexpired term. The Mayor
shall, subject to the approval of the Board of Trustees, designate
a member of the Commission to act as Chairman thereof, or, on failure
so to do, the Commission shall elect a Chairman from its own members.
C.
Meetings of the Commission shall be held at such times
as the Commission may determine. All business of the Commission shall
be conducted at public meetings. Three members of the Commission shall
constitute a quorum for holding a hearing and making a decision on
an application. The Commission shall keep minutes of its proceedings,
showing the vote of each member upon any question or, if absent or
failing to vote, indicating such fact, and shall also keep records
of its official actions.
D.
Every decision, recommendation or determination of
the Commission shall be filed in the office of the Village Engineer
and shall be a public record. The Water Control Commission shall have
the power to adopt, amend and repeal rules and regulations consistent
with this chapter governing its procedure and transaction of business
consistent with Article 7 of the Public Officers Law. All rules and
regulations and amendments or repeal thereof shall take effect immediately
upon filing in the office of the Village Manager, after approval by
the Board of Trustees.
E.
The Village Engineer or consulting engineer shall
furnish to the Water Control Commission such recommendations and engineering
data as the Water Control Commission shall request and require. The
Village Engineer or consulting engineer shall advise the Water Control
Commission on all other matters within the jurisdiction of the Water
Control Commission under this chapter and, upon request of the Water
Control Commission, shall be present at the meetings and deliberations
of the Water Control Commission.
F.
The powers and duties of the Water Control Commission
under this chapter shall be as follows:
(1)
The Water Control Commission shall review applications for and take appropriate action on projects submitted within its jurisdiction pursuant to § 227-7 of this chapter, and in accordance with the New York State Environmental Quality Review Act and other applicable laws.
(2)
The Water Control Commission shall investigate and
report upon water conservation and drainage problems referred to it
by the Board of Trustees, the Village Planning Board, or the Village
Engineer; as directed by the Village Board of Trustees, evaluate Village
of Croton-on-Hudson water planning with the planning of adjacent communities,
counties and adjacent governmental authorities; and increase public
knowledge and awareness of sound wetland management.
Except as provided in § 227-6 hereof, it shall be unlawful to conduct, directly or indirectly, any of the following activities upon any wetlands or within the wetlands buffer unless a permit is obtained pursuant to § 227-7 hereof:
A.
Placement or construction of any structure.
B.
Any form of draining, dredging, excavation or removal
of material, either directly or indirectly.
C.
Any form of dumping, filling or depositing of material,
either directly or indirectly.
D.
Installation of any service lines or cable conduits.
E.
Introduction of any form of pollution, including but
not limited to the installation of a septic tank, the running of a
sewer outfall or the discharging of sewage treatment effluent or other
liquid wastes.
F.
Alteration or modification of natural features and
contours.
G.
Alteration or modification of natural drainage patterns.
H.
Construction of dams, docks or other water control
devices, pilings or bridges, whether or not they change the natural
drainage characteristics.
I.
Installation of any pipes or wells.
J.
Clear cutting.
L.
Depositing or introducing of chemicals, including herbicides, pesticides and fertilizers, except as permitted in § 227-6K.
M.
The grazing and watering of one or more horses or
other animals other than those directly producing agricultural products.
N.
Any other activity that may impair the natural function(s) of a wetlands as described in § 227-1 hereof.
O.
Decorative landscaping and planting, except that decorative
landscaping and planting in a wetlands buffer shall not require a
permit.
The following activities are permitted by right
within any wetlands or wetlands buffer:
A.
The depositing or removal of the natural products
of the wetlands by recreational or commercial fishing, shellfishing,
aquiculture, hunting or trapping where otherwise legally permitted.
B.
Outdoor recreational activity that does not materially
alter the natural state of the land or require construction, including
use of field trails for nature study, hiking, swimming, skin diving
and boating, where otherwise legally permitted.
C.
Normal ground maintenance, including mowing, trimming
of vegetation and removal of dead or diseased vegetation, around a
residence except for the use of fertilizers, pesticides and herbicides
in wetlands.
D.
Repair of walkways and walls when the work does not
involve the use of any machinery.
E.
Operation and maintenance of such dams, retaining
walls, terraces, sluices, culverts or other water control structures
or devices as legally existed on the effective date of this chapter.
F.
Selective trimming and pruning in landscaped areas
to improve the health or appearance of vegetation.
G.
Public health activities pursuant to the order of
the Westchester County Department of Health or New York State Department
of Health.
H.
Any actual and ongoing emergency activity that is
immediately necessary for the protection and preservation of life
or property.
I.
The growing of crops that directly produce agricultural
products.
J.
The grazing and watering of one or more horses or
other animals that directly produce agricultural products.
K.
Depositing herbicides, pesticides or fertilizers in
a wetlands buffer in accordance with manufacturers' recommendations
and accepted horticultural practices.
L.
Decorative planting in a wetlands buffer.
A.
Any person proposing to conduct or cause to be conducted a regulated activity specified in § 227-5 hereof upon any wetlands or wetlands buffer shall file an application for a permit with the approving authority as hereinafter provided. Such application shall include the following information:
(1)
The name and address of the property owner and applicant,
if different.
(2)
The street address and Tax Map designation of the
property.
(3)
A statement of authority from the owner for any agent
making application for a permit.
(4)
A statement of the proposed work and purpose thereof.
(5)
A completed environmental assessment form as required
by the New York State Environmental Quality Review Act and any other
forms as required by law.
(6)
A statement that the property owner and applicant will indemnify and hold the Village or its representatives harmless against any damage or injury in accordance with § 227-10 hereof.
(7)
An explanation as to why the proposed activity cannot
be located on a different portion of the site or on another lot under
the applicant's ownership or control.
(8)
A sketch plan to scale.
(9)
A United States Geological Survey (USGS) topographic
map (1:24,000 scale) 7.5-minute quadrangle with the subject property
outlined.
(10)
Amount of area to be disturbed.
(11)
Pre- and postdevelopment impervious surface area.
(12)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any wetlands permit approval that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved wetlands permit shall be consistent with the provisions of Chapter 196, Article I.
B.
Additional information may be requested by the approving
authority, including any of the following:
(1)
A description of all functions currently provided
by the wetlands under review.
(2)
Complete plans for the proposed site improvements,
which shall be certified by an engineer, architect, land surveyor
or landscape architect licensed in the State of New York, drawn to
a scale no less detailed than one inch equals 50 feet and showing
the following:
(a)
The location of all wetlands and wetlands buffers as determined by a qualified individual no earlier than 12 months prior to the date of filing the application. The finite boundaries of a wetlands shall be determined by field investigation and flagging after appropriate field survey work by qualified individuals in a manner acceptable to the approving authority. The boundaries shall subsequently be surveyed by a licensed land surveyor unless this requirement is waived by the approving authority. The approving authority may consult and/or may require the applicant to consult with biologists, hydrologists, soil scientists, ecologists/botanists or other experts as necessary to make this determination pursuant to the definition contained in § 227-3. The survey plan shall be submitted in digital format.
(b)
A description of the vegetative cover of the
wetlands and wetlands buffer, including dominant species, as well
as a survey of all trees of eight inches or more in DBH located wholly
or partially in the wetlands buffer.
(c)
A description of the soil types on site and
a copy of the Soil Conservation Service (SCS) map with the subject
property outlined.
(d)
The location of the construction area or area
proposed to be disturbed, and its relation to property lines, roads,
buildings, and wetlands within 250 feet.
(e)
The exact locations, details, specifications
and amount of all pre- and postdevelopment proposed draining, fill,
grading, dredging and vegetation removal or displacement, and the
procedures to be used to undertake such work.
(f)
The location of any wells and the depths thereof,
and any sewage disposal system within 50 feet of the areas to be disturbed.
(g)
The existing and proposed contours at two-foot
intervals in the proposed disturbed area and to a distance of 50 feet
beyond such area; and elevations of the site and adjacent lands within
200 feet of the site at contour intervals of no greater than five
feet.
(h)
Details of any temporary or permanent drainage
system proposed both for the conduct of work and after completion
thereof, including locations of any point discharges, artificial inlets
or other human-made conveyances that would discharge into the wetlands
or wetlands buffer, and measures proposed to control erosion both
during and after completion of the work.
(i)
Where creation of a lake or pond is proposed,
details of the construction of any dams, embankments, outlets or other
water control devices and analysis of the wetlands hydrologic system,
including seasonal water fluctuation, inflow/outflow calculations
and subsurface soil, geology and groundwater conditions.
(j)
Where creation of a detention basin is proposed,
with or without excavation, details of the construction of any dams,
berms, embankments, outlets or other water control devices and an
analysis of the wetlands hydrologic system, including seasonal water
fluctuation, inflow/outflow calculations and subsurface soil, geology,
and groundwater conditions.
(3)
Copies of all applicable County, state or federal
permits or permit applications that are required for such work or,
if none have been submitted at the time of wetlands permit application,
a list of all permits that will ultimately be required.
(5)
Additional information as needed, such as the study
of flood, erosion or other hazards at the site and the effect of any
protective measures that might be taken to reduce such hazards; and
other information deemed necessary to evaluate the proposed use in
terms of the goals and standards of this chapter.
C.
An application fee in an amount set forth by resolution
of the Board of Trustees shall be submitted with the application.
D.
All information relating to a permit application,
including but not limited to the application itself, additional required
materials or information, notices, record of hearings, written comments
and findings, shall be maintained on file in the office of the Village
Engineer.
E.
For applications to the Planning Board as approving
authority, the Village shall publish a notice of such application
in the Village's official newspaper(s). For applications to the Planning
Board, the Village shall also notify, in writing, all property owners
of record within 200 feet of the boundary of the property on which
the proposed regulated activity will be located, as shown in the Village
Tax Assessor's office, of the filing of the wetlands permit application.
For applications to the Water Control Commission as approving authority,
the Village shall, within 10 days after filing the application, notify,
in writing, all property owners of record within 200 feet of the boundary
of the property on which the proposed regulated activity will be located.
F.
The approving authority for all applications shall
be the Water Control Commission, except as follows:
(1)
The Planning Board shall be the approving authority
for any application involving property that is also the subject of
a pending site plan, minor site plan, subdivision or special permit
application, or fill or excavation permit, in accordance with the
Code of the Village of Croton-on-Hudson, and for any application that
also involves the construction or establishment of a principal building
or use.
(2)
The Village Engineer shall be the approving authority
for any of the following activities proposed to be conducted on property
not subject to regulation by the State of New York, and no public
hearing shall be required:
(a)
Removing water-deposited silt and/or other material
in order to restore the preexisting land elevations, provided that
the total amount removed does not exceed 15 cubic yards of material.
(b)
Restoring land elevations that have been altered
by erosion or storm damage.
(c)
The construction, expansion or improvement of
private residential or recreational facilities, as otherwise legally
permitted, provided that the total amount of material deposited, removed
or regraded does not exceed 15 cubic yards.
(d)
The construction of driveways not associated
with any other construction approvals where alternative means of access
are proved to be impractical, provided that the amount of material
to be deposited or regraded in connection with such construction does
not exceed 100 cubic yards.
(e)
The use of harmless chemicals, dyes and other
similar substances to maintain or study any wetland.
(f)
Decorative landscaping and planting in wetlands
when covering less than 1/10 of an acre.
(3)
Where the Water Control Commission or Village Engineer
initiates a review of an application submitted pursuant to this chapter
and determines that because of the scope, nature, location or potential
environmental impact of the action which could result from approval
of the wetlands permit a public hearing would be either necessary
or appropriate, the application shall be immediately forwarded to
the Planning Board for public hearing, whereupon the Planning Board
shall become the approving authority for such application.
G.
The Planning Board, upon receipt of an application
meeting the requirements of this section, shall refer the application
submitted to it, as the approving authority pursuant to this chapter,
to the Water Control Commission for review and report. The Water Control
Commission shall report to the Planning Board within 30 days of the
referral date or within such other period as may be specified by the
Planning Board. The Planning Board will be guided by the Water Control
Commission's report. The Water Control Commission's failure to report
within the specified time period may be interpreted by the Planning
Board as evidence of no objection to the application.
H.
An application shall not be deemed complete until
and unless the applicant has complied with the procedures of the State
Environmental Quality Review Act.
I.
When the Planning Board is the approving authority,
no sooner than 14 days and no later than 60 days after the receipt
of a completed application, the Planning Board shall hold a public
hearing on any application submitted pursuant to this chapter. These
time periods may be extended by mutual agreement between an applicant
and the Planning Board. The Planning Board shall cause notice of such
hearing to be published in the Village's official newspaper(s) at
least seven days prior to the date set for such hearing. All applications
and maps and documents relating thereto shall be open for public inspection
al the office of the Village Engineer.
[Amended 10-4-2021 by L.L. No. 12-2021]
J.
Within 45 days of the date that such application is
considered complete or within 45 days of the date of the close of
any public hearing that may be conducted on said application, whichever
period is longer, the approving authority shall render a decision
to approve, approve with modifications and/or conditions or disapprove
the issuance of a permit for the proposed activity. Nothing in this
section shall be construed as authorizing a default approval in the
event that these periods are exceeded.
A.
In making its determination to grant, deny or grant
with modifications and/or conditions a permit under this chapter,
the approving authority shall consider the following:
(2)
Whether the proposed activity will have an environmental
impact and the extent of that impact.
(3)
Whether there are possible or practicable alternatives
to the proposed activity.
(4)
Whether the proposed activity will have a deleterious
effect on the health, safety or welfare of the residents of the Village
or its neighboring communities.
(5)
Whether the proposed activity will have adequate safeguards
for the protection and preservation of the environment and the wetlands,
and for the natural functions of and benefits derived from such areas.
(6)
Whether the proposed activity will have adequate safeguards
employing the best available technology to protect the surface water
and groundwater supplies of the Village from drought, pollution, overuse
and other forms of misuse.
(7)
Whether the proposed activity has been planned or designed so as to create minimal disturbance; to prevent or mitigate damage from erosion, turbidity or siltation; to preserve the natural flora and fauna and their habitat; to protect against flood and pollution of the wetlands; and to protect any other benefits of wetlands as enumerated in §§ 227-1 and 227-2 hereof; and is the best practicable alternative available for accomplishing the proposed action.
(8)
Whether there is a practicable alternative site for
the proposed activity in another area of the subject property that
is not a wetland.
B.
The applicant shall have the burden of demonstrating that the proposed activity is not adverse to the health, safety and welfare of the residents of the Village or its neighboring communities and that it will not degrade the environment or be inconsistent with the purpose of this chapter as stated in §§ 227-1 and 227-2 hereof or, in the alternative, that the applicant will otherwise suffer undue hardship if a permit is not issued.
C.
The approving authority may require the preparation of a mitigation plan by the applicant pursuant to § 227-8E hereof when the applicant has demonstrated that either losses or significant impacts to the wetlands or wetlands buffer are necessary and unavoidable. For the purposes of requiring a mitigation plan, wetlands impacts are necessary and unavoidable only if all of the following criteria are satisfied:
(1)
There is no feasible on-site alternative to the proposed
activity, including reduction in density, change in use, revision
of road and lot layout and related site planning considerations that
could accomplish the applicant's objectives; and
(2)
There is no feasible alternative to the proposed activity
on another site available to the applicant that is not a wetlands
or wetlands buffer.
D.
The approving authority shall monitor or shall cause
to have monitored projects in accordance with the specifications set
forth in the permit to determine whether the elements of the permit
and/or mitigation plan have been met. The Planning Board may contract
with an academic institution, independent research group or other
qualified professionals to assist and discharge its obligations hereunder
at the expense of the applicant. The requirements for monitoring shall
be specified in the permit and/or mitigation plan and may include,
but not be limited to:
(1)
The time period over which monitoring shall occur.
(2)
Field measurements to verify the size and location
of the impacted wetlands area and the restored/replacement wetlands
area.
(3)
The date of completion of the work or restoration/replacement.
(4)
Field verification of the vegetative, hydrologic and
soils criteria as specified in the permit and/or mitigation plan.
E.
In the event that the approving authority so requires pursuant to § 227-8C hereof, the applicant shall prepare a mitigation plan.
(1)
All mitigation measures shall balance the benefits
of regaining new wetlands areas with the loss to other natural areas
caused by wetlands creation. On-site mitigation shall be the preferred
approach; off-site mitigation shall be permitted only in cases where
an on-site alternative is not possible.
(2)
Mitigation plans developed to compensate for the loss
of wetlands or wetlands buffers shall include baseline data as needed
to adequately review the effectiveness of this plan. The mitigation
plan shall also include a monitoring schedule for a specified period
of time as agreed to by the approving authority.
(3)
Any mitigation plan prepared pursuant to this section
and accepted by the approving authority shall become part of the permit
for the application.
F.
Any permit issued pursuant to this chapter may be
issued with conditions. Such conditions may be attached as the approving
authority deems necessary to ensure the preservation and protection
of affected wetlands and to ensure compliance with the policies and
provisions of this chapter and the provisions of the approving authority's
rules and regulations, if any, adopted pursuant to this chapter.
G.
Every permit issued pursuant to this chapter shall
be in written form and shall contain the following conditions:
(1)
Work conducted under a permit shall be open to inspection
during daylight hours, including weekends and holidays, by the approving
authority or its designated representative or the Village Engineer.
(2)
The permit expiration date as determined by the approving
authority shall be stated.
(3)
The permit holder shall notify the approving authority
of the date on which the work is to begin at least five days in advance
of such commencement date.
(4)
The approving authority's permit shall be prominently
displayed at the project site during the undertaking of the activities
authorized by the permit.
I.
The Planning Board, as the approving authority, may require prior to the commencement of work authorized under any permit issued pursuant to this chapter that the applicant shall post a bond or other security acceptable to the Board of Trustees in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations set forth in the permit. The particular amount and the conditions of the bond or other security shall be consistent with the purposes of this chapter. The bond or other security shall remain in effect until the issuance of a certificate of completion as described in § 227-12 hereof and until the bond or other security is released by the Planning Board or a substitute bond or other security is provided. In the event that any condition of any such bond or other security is breached, the Planning Board, as the approving authority, may recommend that the Village institute an action in the courts upon such bond or other security and prosecute the same to judgment and execution.
J.
No permit granted pursuant to this chapter shall remove
an applicant's obligation to comply in all respects with the applicable
provisions of any other federal, state or local law or regulation,
including but not limited to the securing of any other required permit
or approval.
K.
The approving authority after notice to the permit
holder and an opportunity to be heard may revoke or suspend a wetlands
permit if it finds that the applicant has not complied with any or
all of the terms of such permit, has exceeded the authority granted
in the permit or has failed to undertake the project in the manner
set forth in the approved application.
[Amended 7-21-2008 by L.L. No. 2-2008]
(1)
Issuance of a stop-work order by the Village Engineer shall be as provided in § 86-14 of the Village Code. A stop-work order may be appealed by filing a written notice of appeal with the Planning Board not later than thirty (30) days after service of the stop-work order upon the applicant. A hearing shall be scheduled by the Planning Board within 20 days of receipt of request for a hearing. After the close of the hearing, the Planning Board may confirm, modify or cancel the stop-work order.
(2)
The approving authority shall set forth, in writing,
in the permit application file it keeps its findings and reasons for
revoking or suspending a permit pursuant to this section.
L.
No permit shall be valid for more than one year after
approval of an application by the approving authority unless otherwise
specified by the approving authority. All permits shall expire upon
the completion of the work specified therein. The validity of any
work duly completed pursuant to an existing permit shall not be affected
by the expiration of the permit, but such work shall not be continued
beyond the expiration date. Permits may be renewed by the approving
authority upon application submitted at least 60 days before the expiration
of the permit. Standards for issuance of renewals shall be the same
as for the issuance of permits. Permits, including all of their conditions,
shall be binding on successors and assignees of the applicant.
A.
A determination by the Planning Board to grant or
deny a wetlands permit may be reviewed by the applicant or any other
aggrieved person by the commencement of an action pursuant to the
provisions of Article 78 of the Civil Practice Law and Rules.
B.
In the case of an application decided by the Water
Control Commission or the Village Engineer, the applicant or any other
party aggrieved by such determination may seek review by appealing
to the Planning Board, in which case the Planning Board shall become
the approving authority for such application. Such review shall be
requested not later than 20 days after the filing of the subject decision
by the approving authority.
Any site for which an application has been submitted
shall be subject to inspection upon notice to the property owner and
applicant at any reasonable time, including weekends and holidays,
by the Village Engineer, the Building Inspector or by members of the
Water Control Commission, the Planning Board or their designated representatives.
The applicant, by making application for such permit, shall be deemed
to have given its consent to such inspection. The applicant shall
indemnify and hold the Village harmless against any damage or injury
that may be caused by or arise out of any entry onto the subject property
in connection with the processing of the application, during construction
or performance of the work or within one year after the completion
of work.
This chapter shall not apply to any work shown
on construction drawings or improvement plans for subdivisions, site
plans, minor site plans, or special permits for which a wetlands permit
has previously been granted prior to the effective date of this chapter.
A.
Within 30 days after completion of all work authorized
under a permit issued in accordance with this chapter, the applicant
shall notify the Village Engineer of such completion. For all work
undertaken pursuant to permits approved by the Planning Board or Water
Control Commission, the applicant shall, if required, submit as-built
drawings. Within 30 days of such notification and submission, the
Village Engineer shall inspect the work for compliance with all conditions
of the permit.
B.
When all work authorized under a permit is deemed
acceptable, the Village Engineer shall issue a certificate of completion,
which shall be accompanied by cancellation or return of any bond collected
for such permit.
C.
When work authorized under a permit is deemed not
acceptable, the Village Engineer shall so notify the applicant. The
notification of noncompliance shall include a list of all conditions
in violation of the terms of the permit and shall specify a time limit
for the correction of all items so listed.
A.
Any person who undertakes any regulated activity within
a wetlands or wetlands buffer without a wetlands permit required by
this chapter or who violates any condition attached to a wetlands
permit or who otherwise violates any provision of this chapter shall
be guilty of an offense, punishable by a fine of not less than $500
nor more than $1,000. For a second and each subsequent offense, the
violator shall be guilty of an offense punishable by a fine of not
less than $1,000 nor more than $2,000 or a term of imprisonment of
not more than 15 days, or both. Each violation of the provisions of
this chapter shall be a separate and distinct offense and, in the
case of a continuing offense, each day's continuance thereof shall
be deemed a separate and distinct offense. In addition, the court
may order or direct a violator to restore the affected wetland or
wetlands buffer to its condition prior to the offense, insofar as
that is possible. The court shall specify a reasonable time for the
completion of such restoration, which shall be effected under the
supervision of the Village Engineer.
B.
In addition to the criminal penalties provided under § 227-13A, any person who undertakes any regulated activity within a wetlands or wetlands buffer without a permit required by this chapter or who violates any condition attached to a wetlands permit or who otherwise violates any provision of this chapter shall be liable for a civil penalty not to exceed $3,000 for every such violation. Each consecutive day of the violation shall be considered a separate offense. Before assessment of the civil penalty, the alleged violator shall be afforded a hearing or opportunity to be heard before the Planning Board upon due notice and with rights to specification of the charges and representation by counsel. Such civil penalty may be recovered in an action brought by the Village in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Village, and any action commenced to recover the same may be settled and discontinued by the Village.
C.
The Planning Board also shall have the power, following a hearing, to direct a violator to cease violation of this chapter and, under the Board's supervision, to restore satisfactorily the affected wetland or wetlands buffer to its condition prior to the violation, insofar as that is possible, within a reasonable time. Exercising of such power may be with or without the imposition of a fine or civil penalty under Subsections A and B hereof.
D.
Any civil penalty or order issued by the Planning
Board shall be reviewable pursuant to Article 78 of the Civil Practice
Law and Rules.
E.
The Village also shall have the right to seek equitable
relief to restrain any violation or threatened violation of any provision
of this chapter and to compel the restoration of the affected wetlands
or wetlands buffer to its condition prior to the violation of the
provisions of this chapter.
F.
The Village shall not issue a building permit, temporary
certificate of occupancy or certificate of occupancy for any property
for which a violation of this chapter has been served, or for which
an administrative or judicial proceeding has been commenced under
this section, until said violation or proceeding is dismissed or resolved
to the satisfaction of the approving authority or court, as is appropriate.
G.
The Village Engineer and Code Enforcement Officer(s)
are hereby authorized to issue appearance tickets for violations of
this chapter.
If any provision of this chapter shall be held
for any reason to be invalid, such determination shall not invalidate
any other provision hereof.
