Town of Wappinger, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wappinger 6-27-2005 by L.L. No. 7-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 85.
Environmental quality review — See Ch. 117.
Flood damage prevention — See Ch. 133.
Soil erosion and sediment control — See Ch. 206.
Subdivision of land — See Ch. 217.
Zoning — See Ch. 240.
[1]
Editor's Note: This local law also repealed former Ch. 137, Freshwater Wetlands, adopted 8-9-1976 by L.L. No. 1-1976, as amended.

§ 137-1 Title.

This chapter shall be known as the "Freshwater Wetland, Waterbody and Watercourse Protection Law of the Town of Wappinger."

§ 137-2 Declaration of policy.

It is declared to be the public policy of the Town of Wappinger to preserve, protect and conserve freshwater wetlands, waterbodies and watercourses and the benefits derived therefrom and to prevent the despoliation and destruction of such freshwater resources by regulating activities with potential impacts to such resources in order to secure their natural benefits consistent with the general health, safety and welfare of the public, and with the beneficial economic, social and agricultural development of the Town of Wappinger. It is further declared to be the policy of the Town of Wappinger to exercise its authority pursuant to Article 24 of the State Environmental Conservation Law.

§ 137-3 Findings of fact.

Pursuant to the above-stated declaration of policy, the Town Board makes the following specific findings:
A. 
Growth and development have placed increasing demands upon natural resources that may result, and in certain instances have resulted, in the encroachment, despoliation, pollution and/or elimination of wetlands and their buffer areas.
B. 
The loss of freshwater wetlands deprives the people of the Town of Wappinger of some or all of the many benefits to be derived from wetlands, including but not limited to:
(1) 
Flood and storm control by the hydrologic absorption and storage capacity of freshwater wetlands.
(2) 
Wildlife habitat by providing breeding, nesting and feeding grounds and cover for many forms of wildlife, wildfowl and shorebirds, including migratory wildfowl and rare species.
(3) 
Protection of subsurface water resources and provision for valuable watersheds and recharging groundwater supplies.
(4) 
Recreation by providing areas for hunting, bird watching, photography and other uses.
(5) 
Pollution treatment by serving as biological and chemical oxidation basins.
(6) 
Erosion control by serving as sedimentation areas and filtering basins, absorbing silt and organic matter.
(7) 
Education and scientific research by providing readily accessible outdoor biophysical laboratories, living classrooms and training and education resources.
(8) 
Open space and aesthetic appreciation.
(9) 
Sources of nutrients in freshwater food cycles and nursery grounds and sanctuaries for freshwater fish.
C. 
The values and functions of a wetland vary considerably from one wetland to another and are not necessarily dependent on the size of the wetland or the size of the lot on which it is located.
D. 
Consideration should be given to the functional significance of a wetland involved in any particular application or proceeding, as wetlands vary in their importance and value. In regulating activities in wetlands and wetland buffers the approval authority should consider and reflect the relative significance or importance of any particular wetland and the potential impact of a proposed project on the abovementioned values and functions and those set forth in § 24-0103 of the NYS Environmental Conservation Law.
E. 
Regulation of freshwater wetlands, in accordance with the agricultural exemption established in § 137-6, 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, selectively cut timber and otherwise engage in the use of land for agricultural production.

§ 137-4 Intent.

It is the intent of the Town of Wappinger through this chapter to:
A. 
Control and regulate, without necessarily prohibiting, those activities, as defined herein, which may impact wetlands, waterbodies and watercourses and their associated buffers within the Town, thus insuring that the benefits found to be provided by them will not be lost or impaired.
B. 
Minimize the administrative burden and costs to property owners and/or applicants.
C. 
Allow reasonable use of land consistent with responsible land management, and to conserve and protect wetlands, waterbodies, and watercourses and their buffer areas to the extent reasonably practicable consistent with this objective.
D. 
Incorporate wetland, waterbody, and watercourse protection into the Town's land use development regulations and approval procedures.
E. 
Protect, preserve and enhance the values and functions of freshwater wetlands in the Town of Wappinger and secure the positive environmental benefits accruing therefrom.
F. 
Achieve no overall net loss of the Town's remaining wetland resources, including wetland buffer areas.
G. 
Protect wetlands which are not currently protected under state or federal regulations.
H. 
Enact this chapter pursuant to the above referenced law and any and all applicable laws, rules, and regulations of the State of New York, and nothing contained herein shall be deemed to conflict with any such laws, rules or regulations.
I. 
Place the burden of proof on the applicant seeking a wetlands permit, for identifying whether his/her actions impact a wetland, waterbody or watercourse or associated buffer.

§ 137-5 Definitions.

The following terms, phrases, words and their derivatives shall have the meanings given herein:
ADJACENT AREA
Any land in the Town of Wappinger immediately adjacent to a freshwater wetland lying within 100 feet, measured horizontally, of the boundary of a freshwater wetland. (See "buffer.")
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.
APPROVAL AUTHORITY
The municipal or administrative board or public official or municipal employee empowered to process and grant or deny permits under this chapter. When a wetlands permit is sought in conjunction with a site plan, subdivision and/or special permit, the Planning Board shall assume the role of the approval authority. In all other cases, the approval authority shall be the Building Inspector or Municipal Code Enforcement Officer.
[Amended 1-28-2013 by L.L. No. 2-2013]
BOUNDARY OF A FRESHWATER WETLAND
The outer limit of a freshwater wetland, delineated in a manner consistent with the Federal Interagency Committee for Wetlands Delineation 1989; Federal Manual for Identifying and Delineating Jurisdictional Wetlands; United Army Corps of Engineers, United States Environmental Protection Agency, United States Fish and Wildlife Service, and U.S.D.A. Soil Conservation Service, Washington, D.C.
BUFFER
The land adjacent to a wetland, waterbody, or watercourse, which area serves to lessen the impact of human disturbances, activity and other encroachment associated with development, and is an integral component of the wildlife and hydrologic values and functions of said wetland, waterbody, or watercourse ecosystems. For all wetlands, waterbodies, and watercourses, the buffer area shall extend a minimum of 100 feet horizontally from the edge of the wetland boundary. (See "adjacent area.")
CLEAR-CUTTING
The removal of more than 10 trees with a diameter at breast height (DBH) of six inches or greater on a given lot within any twelve-month period.
[Added 7-19-2007 by L.L. No. 10-2007]
DEPOSIT
To fill, place, effect, or dump any material, but not including stormwater.
DISCHARGE
The emission of any water, substance, or material into a wetland or wetland buffer whether or not such substance causes pollution.
DRAIN
To deplete or empty of water by drawing off by degrees or in increments.
DREDGE
To excavate or remove sediment, soil, mud, sand, shells, gravel or other aggregate.
EXCAVATE
To dig out and remove any material.
FILLING
See "deposit."
FLAGGING
Placement of visible markers at the wetland boundary which, upon approval of the Town, may be transferred by a qualified surveyor onto the site plan or other project map.
FRESHWATER WETLANDS
An area of land of any size that is comprised of hydric soils and/or is inundated or saturated by surface water or groundwater at a frequency and/or which supports hydrophytic vegetation, as described in the Federal Interagency Committee for Wetlands Delineation 1989; Federal Manual for Identifying and Delineating Jurisdictional Wetlands; United Army Corps of Engineers, United States Environmental Protection Agency, United States Fish and Wildlife Service, and U.S.D.A. Soil Conservation Service, Washington, D.C.
FRESHWATER WETLANDS MAP
The final freshwater wetlands maps for Dutchess County promulgated by the Commissioner of the New York State Department of Environmental Conservation pursuant to Subdivision 5 of § 24-0301 of the New York State Freshwater Wetlands Act, or such map as has been amended or adjusted, and on which are indicated the approximate locations of the actual boundaries of wetlands regulated pursuant to Article 24 of the Environmental Conservation Law.
HYDRIC SOIL
Soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper layers.
HYDROPHYTIC VEGETATION
Vegetation, including obligate wetland species and facultative species (see definitions for "obligate" and "facultative" under "National List of Plant Species"), growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
NATIONAL LIST OF PLANT SPECIES THAT OCCUR IN WETLANDS: NEW YORK OR NORTHEAST
A list of wetland plant species published by the U.S. Fish and Wildlife Service and subdivided into regional and state lists, as amended and updated from time to time.
NATIONAL WETLANDS INVENTORY (NWI)
An inventory of United States Wetlands conducted by the U.S. Fish and Wildlife Service which was completed in 1990. Wetlands down to one acre in size are delineated on maps at a scale of 1:24,000 based on aerial photo interpretation. The NWI does not delineate legal boundaries of wetlands for regulatory purposes.
NEW YORK NATURAL HERITAGE PROGRAM
A cooperative effort of the NYSDEC and the Nature Conservancy to establish and maintain an up-to-date inventory of the location and status of rare plant and animal species and natural communities in the state.
PERMIT OR WETLANDS PERMIT
That form of municipal approval required by this chapter for the conduct of a regulated activity within a wetland, waterbody, watercourse, or buffer area.
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 proposed or ongoing action which may result in direct or indirect physical or chemical impact on a wetland, waterbody, watercourse, or buffer area, including but not limited to any regulated activity.
REGULATED ACTIVITY
Those activities to be conducted in wetlands, waterbodies, watercourses, or the associated buffer area, that require a permit from the Town, as set forth in § 137-6 of this chapter.
REGULATED AREA
That area which consists of a wetland, waterbody, or watercourse, and its associated buffer area.
STATE
The State of New York.
STATE AGENCY
Any state department, bureau, commission, board or other agency, public authority or public benefit corporation.
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
The law pursuant to Article 8 of the New York Conservation Law providing for environmental quality review of actions which may have a significant effect on the environment.
TOWN
The Town of Wappinger.
WATERBODY
Any natural or artificial pond, lake, reservoir, or other area which usually or intermittently contains water and which has a discernible shoreline.
WATERCOURSE
Any identifiable channel through which water flows continuously or intermittently.

§ 137-6 Regulated activities; as-of-right activities; prohibited activities; exempt activities.

[Amended 1-28-2013 by L.L. No. 2-2013]
A. 
Regulated activities. Except as provided in Subsections B, C and D below, no person shall conduct any of the following regulated activities within any freshwater wetland or adjacent one-hundred-foot buffer area unless such person has first obtained a permit pursuant to this chapter:
(1) 
Placement or construction of any structure.
(2) 
Any form of draining, dredging, excavation or removal of material, either directly or indirectly.
(3) 
Any form of dumping, filling or depositing of material, either directly or indirectly.
(4) 
Installation of any service lines or cable conduits.
(5) 
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 into, or so as to drain into, a wetland.
(6) 
Alteration or modification of natural features and contours.
(7) 
Alteration or modification of natural drainage patterns.
(8) 
Construction of dams, docks or other water control devices, pilings or bridges, whether or not they change the natural drainage characteristics.
(9) 
Installation of any pipes or wells.
(10) 
Clear-cutting.
(11) 
Removal or cutting of any vegetation except as permitted in § 137-6B.
(12) 
Any agricultural activity not conducted in an agricultural district which involves any other activity in this Subsection A.
(13) 
Excavation and removal of peat.
(14) 
Any other activity that may impair the natural functions of a wetland.
B. 
As-of-right activities. No permit under this chapter shall be required for any of the following activities, provided that they do not constitute a pollution or erosion hazard or interfere with proper drainage and do not require structures, grading, fill, draining or dredging for which a permit may be required:
(1) 
The deposit or removal of the natural products of the wetlands by recreational or commercial fishing, shellfishing, aquiculture, hunting or trapping where otherwise legally permitted.
(2) 
Outdoor recreation activities that do not require construction or that do not materially alter the natural state of the land, including use of field trails for nature study, hiking, swimming, skin diving and boating, where otherwise legally permitted.
(3) 
Normal ground maintenance, including mowing and trimming of vegetation, but excluding removal of vegetation that may cause erosion of sediment into a wetland, waterbody, or watercourse.
(4) 
Repair of existing decorative landscaping and planting in a wetland, waterbody, or watercourse buffer zone.
(5) 
Repair of existing walkways, walls, and driveways.
(6) 
Public health activities, in emergencies only, of the Dutchess County Department of Health and/or New York State Department of Health.
(7) 
Operation and maintenance of existing dams and water-control devices.
(8) 
Decorative planting in a buffer.
C. 
Prohibited activities. It shall be unlawful for any person to place or deposit animal wastes, chemical wastes or sewage effluent within a wetland or its buffer or to introduce influents of sufficiently high thermal content as to cause deleterious ecological effects.
D. 
Exempt activities. A wetlands permit shall not be required for:
(1) 
Activities on any residentially zoned lot which is 80,000 square feet or less in size and which contains an existing home.
(2) 
Farm operations, as defined in the New York State Agriculture and Markets Law, when conducted in an agricultural district, unless the proposed disturbance for the farm operation has the potential to result in substantial off-site impact.

§ 137-7 Application for permit; processing.

A. 
Any person proposing to conduct or cause to be conducted a regulated activity requiring a permit under this chapter shall file an application with the appropriate approval authority. For wetlands permits sought in conjunction with a site plan, subdivision and/or special permit application, the approval authority shall be the Planning Board. For all other wetlands permits sought, the approval authority shall be the Building Inspector or Municipal Code Enforcement Officer.
[Amended 1-28-2013 by L.L. No. 2-2013]
B. 
Application requirements. An application for a permit shall include, at a minimum:
(1) 
The name, address and telephone number of the owner;
(2) 
The street address and tax map designation of the property;
(3) 
A sketch plan including boundaries of the property parcel with the boundaries of the wetland and wetland buffer indicated on the sketch. The approval authority may require the wetland to be delineated by a qualified professional and verified by other agencies having jurisdiction of the wetland such as the ACOE and the NYSDEC.
(4) 
A description of the proposed work and purpose, including the reason why the activity cannot be located outside the wetland and/or wetland buffer and the extent of the encroachment into the wetland or wetland buffer, calculated in square feet;
(5) 
A wetlands analysis report that includes the following:
(a) 
A description and analysis of the functions of the wetland for groundwater recharge, groundwater discharge, stormwater management, flood flow alteration, sediment stabilization, nutrient removal, habitat for flora, habitat for fauna, and recreational uses;
(b) 
A description and analysis of the impacts that the proposed activity will have on the wetland, including the magnitude of the impact(s), the duration of the impact(s), and whether the impact(s) are adverse to the functioning of the wetland and/or neutral or positive; and
(6) 
An application fee as set forth in Chapter 122, Article IV, § 122-16F.1(2) of the Code.
[Added 8-26-2013 by L.L. No. 12-2013]

§ 137-8 Decision on application.

[Amended 1-28-2013 by L.L. No. 2-2013]
When the approval authority is the Planning Board, a decision on the wetlands permit shall be rendered by the Planning Board in conjunction with a decision on an application for site plan, subdivision and/or special permit approval, the wetlands permit being included within any approval granted by the Planning Board for said applications. When the Building Inspector or Municipal Code Enforcement Officer is the approval authority, a decision on the wetlands permit will be rendered within 30 days of receipt of a complete application.

§ 137-9 Standards for decisions on applications.

A. 
No permit shall be issued by the approval authority unless the approval authority shall find that:
(1) 
The proposed regulated activity is consistent with the policy of this chapter to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, to prevent the 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.
(2) 
The proposed regulated activity is consistent with the applicable land use regulations pursuant to § 24-0903 of Article 24 of the State Environmental Conservation Law.
(3) 
The proposed regulated activity is compatible with the public health and welfare.
(4) 
The proposed regulated activity is reasonable and necessary.
(5) 
There is no reasonable alternative for the proposed regulated activity on a site which is not a freshwater wetland or adjacent area.
(6) 
In the event of negative impact(s), the mitigation proposed will mitigate adverse impact(s) identified in a manner that will allow the aquatic resource(s) to function in a manner substantially equivalent to the functioning of such resource(s) prior to the proposed activity.
B. 
The applicant shall have the burden of demonstrating that the proposed regulated activity will be in accord with the standards set forth in Subsection A above.
C. 
Duly filed written notice, by the state or any agency or subdivision thereof to the agency, that the state or any such agency or subdivision is in the process of acquiring the affected freshwater wetland on which a proposed regulated activity would be located by negotiation or condemnation shall be sufficient basis for denial of a permit for such regulated activity. Such notice may be provided at any time prior to the agency's decision to issue or deny a permit for the regulated activity.

§ 137-10 Conditions for permit use.

[Amended 7-19-2007 by L.L. No. 10-2007; 1-28-2013 by L.L. No. 2-2013]
A. 
Any permit issued pursuant to this chapter may be issued with conditions consistent with this chapter. Such conditions may be attached as are necessary to ensure the preservation and protection of affected freshwater wetlands and to ensure compliance with the policy and provisions of this chapter and the provisions of the agency's rules and regulations adopted pursuant to this chapter.
B. 
Every permit issued pursuant to this chapter shall contain the following conditions:
(1) 
The agency shall have the right to inspect the project from time to time.
(2) 
The permit holder shall notify the agency of the date on which the project construction is to begin at least five days in advance of such date.
(3) 
The agency's permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit.
(4) 
The approval authority may monitor, or may cause to have monitored, projects according to the specifications set forth in the permit to determine whether the elements of the permit conditions, and mitigation plan, if required, have been satisfied and whether the restored or created wetland functions and acreage mitigate the impacted functions and acreage lost. If monitoring of the project is required by the approval authority, such authority shall also require the applicant to fund and maintain an escrow account in accordance with § 137-10B(4)(c)[4] below and Chapter 122, Article IV, § 122-16F.1(1) of the Code.
(a) 
To this end, the approval authority may contract with qualified wetland professionals and may require the applicant to contract with qualified wetland professionals at the expense of the applicant. A quarterly monitoring report prepared by the appropriate monitor shall be submitted to the approval authority.
(b) 
Long-term maintenance and monitoring is generally needed to assure the continued viability of mitigation wetlands. Any mitigation plan prepared pursuant to this chapter and accepted by the approval authority shall become part of the permit for the application and shall be incorporated in a preservation and maintenance covenant indexed against the property as hereinafter provided.
(c) 
The requirements for maintenance and monitoring shall be specified in the written mitigation plan and referenced in the permit and shall include, but not be limited to:
[1] 
A five-year maintenance and monitoring period for mitigation wetlands.
[2] 
Field measurements by a qualified wetland professional to verify the size and location of the impacted wetland area and the restored/replacement wetland area.
[3] 
Field verification by a qualified wetland professional of the vegetative, hydrologic and soils criteria as specified in the mitigation plan and permit.
[4] 
The approval authority may require the establishment and maintenance of an escrow account from which withdrawals shall be made to reimburse the Town for the cost of professional monitoring services. In such case, the applicant shall deposit with the Town Comptroller or Town Accountant, via certified check, a sum of money as set forth in Chapter 122, Article IV, § 122-16F.1(1) of the Code. The Town Comptroller or Town Accountant shall pay from these funds the fees charged by any professionals employed by the Town to monitor the project. Said fees shall be submitted by voucher. It is the intent of these regulations to ensure that the applicant always has on deposit with the Town an adequate amount of funds to ensure that the Town will never subsidize applicant monitoring costs at any time. The applicant shall be provided with copies of the Town vouchers for such services as they are submitted to the Town. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the Town may issue a stop-work order, if applicable, and the applicant may be deemed to be in violation of this chapter. No refunds of any funds remaining on deposit in escrow shall be issued until after all pertinent professional monitoring charges have been paid and the maintenance period has expired.
(5) 
The permit shall require that a conservation easement or a preservation and maintenance covenant, as applicable, which meets the satisfaction of the approval authority is placed on all wetland and wetland buffer areas to be preserved and protected, and maintained, as applicable, in accordance with the provisions of Subsection A above.
(6) 
The permit shall require that all wetland and wetland buffer areas to be protected during construction shall be fenced as deemed appropriate by the Planning Board. Such fencing shall also apply, as deemed appropriate by the Planning Board, to disturbance and clearing limit lines.
(7) 
The permit shall require that all wetland and wetland buffer areas to be permanently protected shall be physically demarcated in the field as deemed appropriate by the Planning Board.
(8) 
If deemed appropriate by the Planning Board, the permit may specify how the wetland buffer areas are to be managed. Further, depending upon the quality of the wetland and/or its functions, the permit may require that the buffer areas be managed in accordance with the three-zone riparian buffer system developed by the USDA Forest Service. (NOTE: http://www.na.fs.fed.us/spfo/pubs/n_resource/buffer/cover.htm.)
C. 
The approval authority shall set forth, in writing, in the file it keeps regarding a permit application, its findings and reasons for all conditions attached to any permit.

§ 137-11 Bonding.

[Amended 1-28-2013 by L.L. No. 2-2013]
A. 
The approval authority is hereby authorized to require the applicant to post performance and maintenance agreements secured by a surety bond, letter of credit or cash deposit in such amounts as will secure compliance with the requirements, conditions and limitations set forth in the permit. The performance bond, secured as above set forth, shall be posted prior to commencement of any work authorized under the permit. The particular amount of the security shall be established by the approval authority upon consultation with the Engineer to the Town, consistent with the purposes of this chapter, so as to ensure the faithful compliance with the requirements, conditions and limitations set forth in the permit. The performance agreement and security shall remain in effect until all work authorized by the permit has been completed to the reasonable satisfaction of the approval authority and upon concurrence of the Engineer to the Town.
B. 
The approval authority is also authorized to require the applicant to post a maintenance agreement secured by a surety bond, letter of credit or cash deposit in such amounts as will secure any obligation to monitor or maintain the work authorized in the permit, and as the same may be referenced in the conservation easement and preservation covenant. The maintenance agreement shall be posted for a period not to exceed five years. In the event of a breach of any of the terms, covenants and conditions contained in either the performance agreement or maintenance agreement, the approval authority is authorized to call the security posted and utilize the proceeds thereof to fulfill the requirements, conditions, limitations and obligations set forth in the permit. The approval authority is also authorized to institute an action in any court of competent jurisdiction to seek specific performance of the obligations set forth in the performance agreement or maintenance agreement. The performance and maintenance agreements shall provide that in the event that the approval authority is compelled to enforce the provisions thereof by commencement of an action in a court of competent jurisdiction, the agreements shall require that the prevailing party shall be entitled to recover reasonable counsel fees as determined by the court. The approval authority shall set forth, in writing, its findings and reasons for imposing a performance agreement or maintenance agreement as secured as aforesaid. Said findings and reasons shall be set forth in its resolution of approval, if by the Planning Board, or shall be contained in a separate statement, if issued by the Municipal Code Enforcement Officer.

§ 137-12 Expiration, extension and renewal of permits.

After approval of the application, the approval authority shall issue a permit to the applicant. The date of issue shall be the date the permit is signed by the approval authority. The permit shall expire on completion of the acts specified and, unless otherwise indicated, shall be valid for a period of one year from the date of issue. The approval authority may grant an extension of an original permit upon written request to the approval authority by the property owners or his/her legal agent at least 90 days prior to the expiration date of the original permit. No permit shall be extended for a period of exceeding two years from the date of issue of the original permit. The time period for a renewal may be waived for good cause shown. The request for renewal of a permit shall follow the same form and procedure as the original application.

§ 137-13 Other laws and regulations.

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 acquisition of any other required permit or approval.

§ 137-14 Suspension or revocation of permits.

The approval authority may suspend or revoke a permit in the form of a stop-work order if it finds that the applicant or permittee 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. The approval authority shall set forth, in writing, in the file it keeps regarding a permit application, its findings and reasons for revoking or suspending a permit pursuant to this section.

§ 137-15 Violations and penalties.

A. 
Administrative sanctions.
(1) 
Any person who undertakes any regulated activity within a wetland or wetland/watercourse buffer without a permit issued hereunder or who violates, disobeys or disregards any provision of this chapter, including any provision of any permit issued pursuant to this chapter or any rule or regulation adopted by the approval authority pursuant to this chapter, shall be liable to the Town for a civil penalty for every such violation, as set forth in the Town Fine Schedule located in Chapter 122, Article V, of the Town Code. Each consecutive day of the violation will be considered a separate offense. Such civil penalty may be recovered in an action brought by the Town at the request and in the name of the approval authority in any court of competent jurisdiction. Such civil penalty may be released or compromised by the approval authority, and such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the approval authority.
(2) 
In addition, the approval authority shall have power, following a hearing, to direct the violator to restore the affected wetland to its condition prior to the violation, insofar as that is possible, within a reasonable time and under the supervision of the approval authority or its designee. Any such order of the approval authority shall be enforceable in an action brought in any court of competent jurisdiction. Any order issued by the approval authority pursuant to this subsection shall be reviewable in a proceeding pursuant to Article 78 of the State Civil Practice Law and Rules.
B. 
Criminal sanctions. Any person who violates any provision of this chapter or an order, permit, condition or rule or regulation of the approval authority regulating wetlands and wetland/watercourse buffers pursuant to this chapter shall, for the first violation of this chapter, be guilty of an offense punishable by a fine set forth in the Town Fine Schedule located in Chapter 122, Article V, § 122-20O, of the Town Code; conviction of a second and/or subsequent violation of this chapter, all of which were committed within a five-year period, shall be deemed an offense punishable by a fine set forth in the Town Fine Schedule located in Chapter 122, Article V, § 122-20O of the Town Code or a term of imprisonment of not less than 15 days nor more than six months, or both. In addition to these punishments, any offender may be ordered by the court to restore the affected wetland 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 approval authority. Each offense shall be a separate and distinct offense, and, in the case of continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. Criminal sanctions may be invoked without the prior resort to administrative sanctions, which sanctions shall be deemed cumulative. Payment of such penalty shall not preclude corrective action and/or the removal of conditions found to be in violation of this chapter.

§ 137-16 Enforcement.

The Town is specifically empowered to seek injunctive relief restraining any violation or threatened violation of any provisions of this chapter and compel the restoration of the affected wetland, waterbody, watercourse or buffer area to its condition prior to the violation of the provisions of this chapter.

§ 137-17 Appeal.

Any determination, decision or order of the approval authority may be judicially reviewed pursuant to Article 78 of the Civil Practice Law and Rules in the Supreme Court for Dutchess County, provided that available administrative remedies have been exhausted.