This chapter shall be known as the "Freshwater Wetlands Protection Law
of the Town of Queensbury."
It is declared to be the public policy of the Town of Queensbury to
preserve, protect and conserve freshwater wetlands and the benefits derived
therefrom, to prevent any despoliation and destruction of freshwater wetlands
and to regulate the development of such wetlands in order to secure the natural
benefits of freshwater wetlands, consistent with the general welfare and beneficial
economic, social and agricultural development of the Town. It is further declared
to be the policy of the Town of Queensbury to exercise its authority pursuant
to Article 24 of the State Environmental Conservation Law, as such Article
may from time to time be amended.
The following terms, phrases, words and their derivatives shall have
the meaning given herein:
ADJACENT AREA
Any land in the Town of Queensbury immediately adjacent to a freshwater
wetland lying within 100 feet, measured horizontally, of the boundary of a
freshwater wetland.
AGENCY
The Planning Board of the Town of Queensbury, or any lead agency
of the Town of Queensbury for SEQRA purposes.
[Amended 9-24-2007 by L.L. No. 5-2007]
APPLICANT
Any person who files an application for any permit issued by the
agency pursuant to this chapter, and includes the agent of the owner or a
contract vendee.
BOARD
The Freshwater Wetlands Appeals Board established by Article 24 of
the State Environmental Conservation Law.
BOUNDARIES OF A FRESHWATER WETLAND
The outer limit of the vegetation specified in Subsections A and
B of the definition of "freshwater wetlands" in this section and of the waters
specified in Subsection C of such definition.
FRESHWATER WETLANDS
Any area of land as depicted on the Town of Queensbury Freshwater
Wetland Map including wetlands as regulated by NYSDEC, APA, or any federal
agency or as delineated in the field and approved by the appropriate aforementioned
agency.
[Amended 9-24-2007 by L.L. No. 5-2007]
FRESHWATER WETLANDS MAP
A map on which are indicated the boundaries of any freshwater wetland
and which has been filed with the Clerk of the Town of Queensbury in accordance
with Environmental Conservation Law, as such map may from time to time be
amended by DEC, the APA, or any federal agency, or by any field delineation.
[Amended 9-24-2007 by L.L. No. 5-2007]
PARTY IN INTEREST
The applicant, the agency, the State Department of Environmental Conservation, each local government in which the regulated activity or any part thereof is located and any person who appears and wishes to be a party in interest at the public hearing held pursuant to §
94-7 of this chapter.
PERSON
Any corporation, firm, partnership, association, trust, estate, one
or more individuals and any unit of government or agency or subdivisions thereof.
POLLUTION
The presence in the environment of human-induced conditions or contaminants
in quantities or characteristics which are or may be injurious to humans,
plants, animals or property.
PROJECT
Any action which may result in direct or indirect physical impact
on a freshwater wetland, including but not limited to any regulated activity.
REGULATED ACTIVITY
Any form of draining, dredging, excavation, removal of soil, mud, sand, shells, gravel or other aggregate from any freshwater wetland, either directly or indirectly; any form of dumping, filling or depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind, either directly or indirectly; erecting any structures or roads, the driving of pilings or placing of any other obstructions, whether or not changing the ebb and flow of the water; any form of pollution, including but not limited to installing a septic tank, running a sewer outfall, discharging sewage treatment effluent or other liquid wastes directly into or so as to drain into a freshwater wetland; that portion of any subdivision of land that involves any land in any freshwater wetland or adjacent area; and any other activity which substantially impairs any of the several functions served by freshwater wetlands or the benefits derived therefrom which are set forth in §
94-3 of this chapter.
SELECTIVE CUTTING
The annual or periodic removal of trees, individually or in small
groups, in order to realize the yield and establish a new crop and to improve
the forest, which removal does not involve the total elimination of one or
more particular species of trees.
STATE
The State of New York.
STATE AGENCY
Any state department, bureau, commission, board or other agency,
public authority or public benefit corporation.
SUBDIVISION OF LAND
Any division of land into two or more lots, parcels or sites, whether
adjoining or not, for the purpose of sale, lease, license or any form of separate
ownership or occupancy (including any grading, road construction, installation
of utilities or other improvements or any other land use and development preparatory
or incidental to any such division) by any person or by any person controlled
by, under common control with or controlling such person or by any group of
persons acting in concert as part of a common scheme or plan. "Subdivision
of land" shall include any map, plat or other plan of division of land, whether
or not previously filed. "Subdivision of land" shall not include the lease
of land for hunting and fishing and other open space recreation uses and shall
not include the division of land by bona fide gift, devise or inheritance.
TOWN
The Town of Queensbury.
In order to carry out the purposes and provisions of this chapter, the
agency shall have the following powers:
A. To appoint officers, agents and employees and to prescribe
their duties and qualifications and fix their compensation.
B. To adopt, amend and repeal, after public hearing (except
in the case of rules and regulations that relate to the organization or internal
management of the agency), such rules and regulations, consistent with this
chapter, as it deems necessary to administer this chapter, and to do any and
all things necessary or convenient to carry out the purpose and policies of
this chapter.
C. To contract for professional and technical assistance
and advice.
D. To hold hearings and subpoena witnesses in the exercise
of its powers, functions and duties provided for by this chapter.
[Amended 5-24-1991 by L.L. No. 6-1991]
By virtue of § 24-0801 of the Environmental Conservation Law,
this chapter and the procedures established hereby are not applicable to activities
which involve freshwater wetlands located within the Adirondack Park.
This chapter shall take effect upon the filing, with the Clerk of the
Town of Queensbury, of the final Freshwater Wetlands Map applicable to any
or all lands within the Town by the State Department of Environmental Conservation
pursuant to § 24-0301 of the New York State Environmental Conservation
Law.