[HISTORY: Adopted by the Town Board of the
Town of East Hampton 5-15-1981 by L.L. No. 1-1981. Amendments noted where
applicable.]
GENERAL REFERENCES
Conservation easements — See Ch. 16.
Environmental Preservation Fund — See Ch. 22.
Beaches and parks — See Ch. 91.
Community preservation — See Ch. 112.
Environmental quality review — See Ch. 128.
Farmland preservation — See Ch. 134.
Nature Preserve — See Ch. 182.
Open space preservation — See Ch. 193.
Recycling — See Ch. 204.
Vegetation protection — See Ch. 234.
Waterways — See Ch. 246.
This local law shall be known as the "Town of
East Hampton Natural Resources Law."
As used in this local law, the following terms
shall have the meanings indicated:
Any act of commission or omission, past or present.
All of the duly enacted ordinances, local laws and regulations
of the Town.
The Town of East Hampton Department of Natural Resources.
[Added 8-6-1999 by L.L. No. 19-1999]
A Town employee, designated by the Town Board to be the head
of the Department of Natural Resources, who shall be selected in accordance
with the civil service laws of the State of New York.
[Added 8-6-1999 by L.L. No. 19-1999]
All subsurface water within the Town.
Whenever masculine pronouns are used, the feminine shall
be implied where appropriate.
All components of the natural environment, including, without
limitation, aquifers, water bodies, drainage courses, freshwater and
tidal wetlands, dunes, bluffs, beaches, escarpments, woodlands, shrublands,
grasslands, large trees, glacial erratics, unique or unusual plants
and trees, wildlife habitat and scenic views or overlook areas and
all combinations thereof.
[Added 8-6-1999 by L.L. No. 19-1999]
Any individual, firm, partnership, corporation or other entity.
All surface waters, fresh and salt waters and wetland areas
within the Town.
The full geographic jurisdiction of the Town of East Hampton,
exclusive of any incorporated village therein, including the lands
and waters of the Trustees of the Freeholders and Commonalty of the
Town of East Hampton, Long Island, New York, to which the lawful regulatory
authority of the Town may extend.
[Amended 8-6-1999 by L.L. No. 19-1999]
The natural features, resources and systems
of East Hampton Town are vast in number and diverse in type. The stewardship
of the flora, fauna, ground and surface waters, endangered species,
distressed and problem wildlife, and other various natural features
must be paid attention to if such natural features, resources and
systems are to thrive. Planning tools such as inventories, monitors
and mappings; educational tools such as outreach and training; and
field-related tools such as inspections, restorations and maintenance
activities shall be used by the Department to pursue the Town's policy
of preserving, protecting and conserving its natural features, resources
and systems.
[Amended 8-6-1999 by L.L. No. 19-1999]
There shall be in the Town of East Hampton a
Department of Natural Resources. The administrative head of such Department
shall be the Director, who shall be qualified by suitable education
and environmental training and experience to perform his duties.
[Amended 8-6-1999 by L.L. No. 19-1999]
A.
Powers. The authority of the Department shall be as
provided in this local law, and shall be focused on the preservation,
protection and conservation of the Town's natural features, resources
and systems, both by providing leadership and by providing assistance
to other departments, entities and individuals.
B.
Duties. The duties and responsibilities of the Department
shall include:
(1)
Identification and assessment of natural resources. The significant natural features, resources and systems of the Town shall be identified and assessed. Various planning tools, such as inventories, monitorings, databases and GIS mappings shall be utilized. Such identification and assessment efforts shall be coordinated with the Department of Planning provided for pursuant to Chapter 50 of this Code.
(2)
Long-range planning. Long-range plans shall be developed
and strategies implemented for the conservation and enhancement of
such identified significant natural features, resources and systems.
(3)
Identification and review of contaminants and harmful
actions. Contaminants, including but not limited to sewage, petroleum
and toxics, and actions which have caused or are likely to cause impairment,
damage or destruction to the Town's natural features, resources and
systems shall be identified and reviewed.
(4)
Referral of findings. Findings pertaining to contaminants and to harmful or potentially harmful actions shall be reported to the Town Supervisor, to the Ordinance Enforcement Department provided for pursuant to Chapter 45 of this Code, and to any and all local, county, state or federal agencies with jurisdiction or other interest in such matters.
(5)
Assistance in enforcement. Assistance shall be rendered, as requested, to said Ordinance Enforcement Department in connection with violations or alleged violations of § 180-7 of this chapter. Such assistance may include, without limitation, the provision of technical support and expertise, field work, affidavits and live testimony.
(6)
Water testing. Groundwater and surface water testing
may be performed in accordance with a work program consistent with
generally accepted scientific standards and practices.
(8)
Rare and endangered species. Services aimed at protecting
and managing rare and endangered species will be rendered.
(9)
Distressed and problem wildlife. Services directed
toward distressed and problem wildlife shall be made available, on
an emergency basis, where not provided by the private sector. Such
services shall be coordinated as appropriate with the Town's animal
control officers.
(10)
Education and grants. Educational meetings and programs
shall be provided. Public information on measures needed to carry
out the purposes and policies of this chapter shall be made available.
With Town Board approval, grants for funding projects may be sought
and, when awarded, shall be undertaken and completed.
(11)
Coordination. The Department shall coordinate with
the Department of Planning.
(12)
Other entities. Upon Town Board approval, the Department
may provide assistance to the Town Trustees, Village of East Hampton,
other levels of government, and nongovernmental agencies and organizations
regarding environmental grants, contracts, permits and the like; the
Department shall keep the Town Board informed regarding the Department's
efforts pertaining to such activities.
(13)
Proposed amendments. Amendments to the Town Code to
fulfill the policy and purpose of this chapter shall be proposed to
the Town Board.
(14)
Records and reports. The Director shall maintain records
of the Department's activities and shall submit a written quarterly
report about such activities to the Town Board. Written reports shall
be prepared and written results shall be compiled regarding the Department's
grant projects, its efforts to identify and assess natural resources,
its long-range planning, its testing programs, and the like. Such
written reports and results shall be made available to the various
Town departments and to the public.
(15)
Environmental Impact Statements. At the request of the Town Board, the Department shall assist other agencies of the Town in the preparation and review of draft Environmental Impact Statements involving actions which may have a significant effect on the Town's natural resources. The Director shall compute the actual expenses incurred by the Department and hours worked by the Director and other employees of the Department in assisting with the preparation or review of draft environmental impact statements prepared by or for an applicant before a Town agency, in order to permit the recovery of these costs as authorized by Chapter 128 of this Code.
It shall be unlawful for any person, directly
or indirectly, to cause or allow the discharge of toxic or radioactive
substances, industrial waste, sewage or other contaminants into the
air, water or earth in quantities, of characteristics or for such
duration which cause or are likely to cause detriment to health, safety,
welfare, property, surface water or groundwater.
For the purpose of this local law, any discharge, including but not limited to discharge of sewage into an approved disposal system, discharge from home heating systems, discharge from internal combustion engines, discharge of pesticides, herbicides, fertilizers or other agricultural chemicals, shall be deemed not a violation of § 180-7, provided that such discharge was made in compliance with an applicable county, state or federal standard, regulation or law.
[Amended 8-6-1999 by L.L. No. 19-1999; 9-6-2012 by L.L. No. 13-2012]
Upon receiving a complaint or upon his own initiative,
the Director may commence the following procedure:
A.
Referral. Where the Director has cause to believe, whether upon complaint or upon his own information, that any person may be in violation of § 180-7 of this chapter, or of any other provision of this Code, which violation may have caused or may be likely to cause impairment, damage or destruction to natural resources, the Director shall refer the matter to the Building Inspector, Town Chief Investigator, any Ordinance Enforcement Officer or any other duly authorized administrative official of the Town to enforce the provisions of this chapter.
B.
Investigation. Upon request of the Building Inspector, Town Chief Investigator, any Ordinance Enforcement Officer or any other duly authorized administrative official of the Town to enforce the provisions of this chapter, the Director and the Department staff shall assist the Ordinance Enforcement Department in the investigation of an alleged violation of § 180-7 of this chapter, providing technical support and expertise, field work, and related help as needed.
C.
Notice of
violation. After investigation, a long-form information or any other
appropriate legal documentation shall be prepared by the Building
Inspector, Town Chief Investigator, any Ordinance Enforcement Officer
or any other duly authorized administrative official of the Town to
enforce the provisions of this chapter regarding any action that the
official has reasonable cause to believe violates this chapter, or
any other provision of this Code, which violation may have caused
or may be likely to cause impairment, damage or destruction to natural
resources. In connection with such enforcement proceeding, the Director
and Department staff shall provide the official with assistance as
requested, such as the provision of affidavits and live testimony.
[Amended 8-6-1999 by L.L. No. 19-1999]
A.
General. This chapter shall be enforced by the Town
Ordinance Enforcement Officers, with the assistance of the Department
Director and staff, as set forth herein.
B.
Penalties. Any person, firm, corporation or other
entity that commits a violation of this chapter shall be punishable
in the following manner:
[Amended 9-5-2003 by L.L. No. 27-2003]
(1)
For a conviction of a first offense, the violator
shall be guilty of a violation pursuant to the Penal Law, the imposition
of a fine of not less than $500 nor more than $1,000 or a term of
imprisonment of not more than 15 days, or both.
(2)
For the conviction of each subsequent offense, the
violator shall be guilty of a misdemeanor pursuant to the Penal Law,
punishable by a fine of not less than $1,000 nor more than $2,000
or a term of imprisonment not more than six months, or both.
(3)
In lieu of or in addition to these punishments, any
offender may be punished by being ordered to restore the affected
property to its condition prior to the offense, insofar as that is
possible. Any such order shall specify a reasonable time for the completion
of such restoration, which shall be effected under the supervision
of the approving authority.
C.
Continuing violation. After the date on which the
Building Inspector, Ordinance Enforcement Officer, or other responsible
Town official shall have provided notice of a violation or a stop-work
order to the offender, each day's continuance thereof shall be deemed
a separate and distinct offense.
[Amended 9-5-2003 by L.L. No. 27-2003]
D.
It is the purpose of this local law to provide additional
and cumulative remedies to preserve, protect and conserve the natural
resources of the Town. Nothing in this local law nor anything done
by virtue of it shall abridge, repeal or alter private or civil rights
of action and remedies nor reduce, transfer or abolish the powers
or duties of the Town's elected and appointed officers, boards or
agencies.
