[HISTORY: Adopted by the Board of Trustees of the Village
of Centre Island 6-13-2007 by L.L. No. 1-2007. Amendments noted where
applicable.]
The Board of Trustees of the Village of Centre Island has determined
as follows:
A.
Freshwater wetlands are invaluable resources for wildlife habitat,
flood protection, erosion control, water quality though nutrient uptake
in plants, sediment storage and surface/floodwater storage. Freshwater
wetlands are an important component of the local ecosystem as a transition
between upland areas and shorelines, open space, groundwater recharge,
nature study, recreation and other benefits associated therewith which,
if preserved and maintained in an undisturbed natural condition, constitute
important assets to present and future residents of the Village.
B.
All areas adjacent to freshwater wetlands for a distance of 100 feet
(measured horizontally) from the boundary thereof are essential components
of the freshwater wetlands ecosystem and also act as buffer to reduce
the direct and indirect impacts of adjacent activities upon the freshwater
wetlands, in which case the transition zone functions as a sediment
and stormwater control zone to reduce the impacts of development upon
freshwater wetlands and freshwater wetlands species. Certain activities,
if carried on directly adjacent to wetlands, would tend to degrade
than impair their natural biological and physical functions. The adjacent
area is an ecological transition zone from uplands to freshwater wetlands
that is an integral portion of the freshwater wetland ecosystem, providing
temporary refuge for the freshwater wetlands fauna during high water
episodes and critical habitat for species that are dependent upon
but not resident in freshwater wetlands. The wetland transition zone
serves as an overflow area that may include wetlands over time due
to hydrologic or climatologic effects.
C.
Growth and development is placing increasing demands upon natural
resources that may result in the encroachment in the despoiling, pollution
and/or elimination of wetlands and watercourses, with serious consequent
effects upon natural ecosystems and the health, safety and property
of the people of the Village.
D.
Adverse effects of development on wetlands, watercourses and areas
thereto can only be prevented through the establishment of preservation,
protection and conservation practices that are therefore essential
to the public health, safety and welfare of the residents of the Village.
The following terms, phases and words and their derivations
shall have the meanings given as follows:
The area surrounding the freshwater wetland, measured a horizontal
distance of 100 feet from the boundary thereof.
Cultivating and harvesting products, including fish and vegetation,
that are produced naturally in freshwater wetlands and installing
cribs, racks and other in-water structures for cultivating these products
(aquiculture), but does not include filling, dredging, peat mining
or the construction of any buildings or any water-regulating structures
such as dams.
Any form of draining, dredging, excavation, removal of soil,
mud, sand, shells, gravel or other aggregate or 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 structure
road or impervious surface; the driving, piling or placing or any
other obstructions, whether or not so as to change the ebb and flow
of water; any form of pollution; and any other activity which, whether
or not it occurs upon the wetland or watercourse itself but is located
not more than 100 feet from the boundary of the wetland or drains
into and impinges upon or otherwise substantially impairs any the
several functions served by the freshwater wetlands or watercourses
or the benefits derived from wetlands which are set forth in the New
York State Environmental Conservation Law or in this chapter.
Any person who files an application for any permit issued
by the Village pursuant to this chapter and shall include the agent
of the owner or a contract vendee or his agent.
The Planning Board of the Village of Centre Island.
The outer limit of the physical feature that constitutes
a wetland resource in terms of vegetation, soils and hydrologic conditions
specified herein in the definition of "freshwater wetland."
Cutting or harvesting of trees over two inches in diameter
at breast height (4.5 feet up from the lowest point where the tree
meets the ground) over an area or stand of trees of one acre or more.
Includes all freshwater wetlands, all adjacent areas and
all watercourses.
A man-made linear topographic depression with bed and banks
in a previous upland area made to convey water. This does not include
channelized or redirected natural watercourses.
An area of at least 4,000 square feet that is inundated or
saturated by surface water or groundwater at a frequency and duration
sufficient to support, under normal circumstances, a prevalence of
vegetation typically adapted for life in saturated conditions (called
"hydrophytes;" see definition of "hydrophytic vegetation" herein),
or contains hydric soils. Freshwater wetlands are commonly referred
to as "swamps," "marshes," "bogs" or "vernal pools." Regulated freshwater
wetlands for the purpose of this chapter include water bodies and
watercourses and exclude ditches.
A soil that is saturated, flooded or inundated with water
long enough during the growing season to develop anaerobic conditions
in the upper portion of the soil, as set forth in the Federal Manual
of Identifying and Delineating Jurisdictional Wetlands, as amended
or updated.
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 of Identifying and Delineating
Jurisdictional Wetlands, as amended or updated. Most common hydrophytes
are listed and categorized in Wetlands Plants of the State of New
York, published by the United States Fish and Wildlife Service in
cooperation with the National and Regional Wetlands Plant List Review
Panels, as amended or updated.
Soil, silt, stones, sand, gravel, rock, clay, bog, peat,
mud, debris, water and refuse or any other organic or inorganic substance,
chemical agent or matter, sewage, sludge or effluent or municipal
or industrial solid waste, whether liquid, solid or gaseous, or any
combination thereof.
That form of Village approval required by this chapter for
carrying on a regulated activity.
Any individual, corporation, firm, partnership, company,
association, trust, estate, organization, legal entity of any kind,
public agency, municipal corporation at any level, any unit of federal,
state or local government; or any agency or subdivision thereof, including
any state department, bureau, commission, board or other agency, public
authority or public benefit corporation.
The presence in the environment of human-induced conditions
or contaminants in quantities or characteristics that are or may be
injurious to humans, plants, animals or property.
Any action resulting in direct or indirect physical impact
on a freshwater wetland, including but not limited to any regulated
activity.
Any natural surface water element, including ponds, and intermittent
streams, covering an area of at least 5,000 square feet. A water body
may be periodically, seasonally or permanently covered by water. Known
water bodies are indicated on the Village Freshwater Wetland Map.[1]
Any brook, creek, stream, river, rivulet, floodway or other
such waterway flowing in a definite channel.
[1]
Editor's Note: The Village Freshwater Wetland Map is
on file in the Village offices.
A.
Except as herein provided, it shall be unlawful for any person to
alter any freshwater wetland, adjacent area, water body or watercourse
protected by this chapter without a written permit therefor issued
by the Village.
B.
Activities subject to regulation under this chapter shall include
any of the following:
(1)
Any form of dredging or excavation and any grading or removal of
soil, mud, gravel, silt or any other earth material from any controlled
area or adjacent area, either or directly or indirectly.
(2)
Any form of dumping, filling or deposition of any soil, stones, sand,
gravel, mud, rubbish or fill of any kind on any controlled area or
adjacent area, either directly or indirectly.
(3)
Erecting any building or other structure, construction of any road,
driveway or motor vehicle parking facility, paving, installation of
sewage disposal systems, sewer outfalls, discharge of sewage treatment
effluent or other liquid wastes, drilling and digging of wells, construction
of swimming pools, installation of any pipe or other conduit or the
placing of any other obstructions within a controlled area or adjacent
area, whether or not the same affect the ebb and flow of water.
(4)
Creating an increase or decrease in the flow, velocity or volume
of water in any watercourse, excluding customary seasonal raising
and/or lowering of said watercourse.
(5)
The alteration or modification of existing or natural drainage patterns.
(6)
The removal or cutting of any vegetation, except as permitted by
right below.
(7)
The deposition or introduction of chemicals, including herbicides,
pesticides and fertilizers, in accordance with manufacturers'
recommendations and accepted horticultural practices.
(8)
Decorative landscaping or planting.
(9)
Any other activity which may impair the natural functions of a wetland,
water body or watercourse, as described herein.
(10)
Any logging operation including clear cutting within an adjacent
area. These actions shall be reviewed by the Village Engineer or Building
Inspector so as to determine if such acts affect the prevailing surface
water runoff conditions, directly or indirectly.
(11)
Any alteration or other activity that substantially impairs or is
likely to impact any of the functions of the wetlands and watercourses
or the benefits derived therefrom as set forth in the New York State
Environmental Conservation Law or in this chapter.
Activities excluded from regulation under this chapter shall
include the following:
A.
The removal of the natural products of wetlands by recreational or
commercial fishing, shell fishing or aquiculture or agriculture, where
otherwise legally permitted.
B.
Outdoor recreational activity that does not materially alter the
natural state of the land or require construction, including nature
study, hiking, swimming, and boating, where otherwise legally permitted.
C.
Any actual and ongoing emergency activity that is necessary for the
protection of life or property or the protection or preservation of
natural resource values. Such emergency activities include but are
not limited to: search and rescue operations; preventative or remedial
activities related to large scale contamination of streams or other
bodies of water; response to floods, hurricanes and other storms;
fire fighting and public health concerns. Within five days of the
end of any such emergency that involved the undertaking of any activity
under this chapter, the person chiefly responsible for undertaking
such emergency activity shall send a written statement to the Village
setting forth the pertinent facts regarding said emergency, including
an explanation of life, property or resource value which such activity
was designed to protect and preserve.
D.
Ordinary maintenance and repair of existing structures or improved
areas including without limitation, lawns which do not involve expansion
or substantial restoration, reconstruction, rehabilitation or modification,
including but not limited to bridges, roads, highways, railroad beds,
bulkheads, docks, piers, pilings or paved streets, and lawn mowing
of preexisting lawns.
E.
Trimming, pruning and bracing of trees, decorative landscaping, and
existing plants.
F.
Public health activities pursuant to orders from the Nassau County
Department of Health or the New York State Department of Health.
G.
Where adjacent areas have been improved with mowed lawn areas prior
to the effective date of this chapter, said areas may continue to
be mown and used as otherwise permitted by law.
The Village Engineer or the Building Inspector will review all
wetlands permit applications, periodically inspect Village wetlands
and permitted projects for unregulated activities and make recommendations
to the Board and any other regulatory agencies of the Village which
also regulate such project.
A.
Approving authority. The approving authority for all applications
for disturbance of wetlands, water bodies and/or watercourses, including
their respective buffer areas, shall be the Village of Centre Island
Planning Board.
B.
Initial determination of need for permit. The initial determination
of whether a permit is needed, and from which Board, shall be made
by the office of the Village of Centre Island Building Inspector.
The Building Inspector, upon inspection of the site or plans for any
proposed development activity, may determine that a permit for disturbance
of a protected environmental feature is required, that a permit is
not required or that further information must be supplied by the applicant
or property owner in order to make such a determination.
C.
Application. All applications for permitted disturbance of any regulated
wetland, water body or watercourse, or any area within 100 feet therefrom,
shall include at least the following information, unless waived by
the approving authority:
(1)
The name, address and signature of the property owner, and applicant,
if different.
(2)
The street address and tax map designation of the subject property.
(3)
A statement that both the property owner and the applicant, if different,
will indemnify and hold harmless the Village of Centre Island and
its representatives against any damage or injury to any person or
property in connection with the processing and issuance of the requested
permit.
(4)
A written statement describing the proposed project or work, the
purpose thereof, and why such work cannot be done on a portion of
the property that would not impact, or would impact to a lesser extent,
any of the environmental features sought to be protected by these
regulations.
(5)
A site plan, drawn at an appropriate scale and prepared and sealed
by a professional engineer, landscape architect, architect, surveyor
or other properly qualified person showing the following, as appropriate:
(a)
The location of all wetlands, watercourses, water bodies and
floodplains, including wetland buffer areas, in the vicinity of the
proposed activity, as delineated by a property qualified wetland scientist
no earlier than one year prior to the date of filing the application.
The boundaries of any such area shall be flagged in the field and
surveyed by a properly qualified surveyor in a manner acceptable to
the Planning Board.
(b)
The specific location of the proposed area of disturbance and
the specifications and quantities of all material proposed to be added
or removed from the site, as well as the procedures to be used to
undertake such work.
(c)
Existing proposed contours at a maximum vertical interval of
two feet within the proposed disturbed area extending to a distance
of at least 100 feet beyond such area, including proposed surface
materials and/or other treatment.
(d)
The details of any proposed surface or subsurface drainage system
to be installed, including any special measures designed to provide
for proper surface and/or subsurface drainage, both during the performance
of the work and after its completion.
(e)
Where creation of a water body 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.
(f)
Where creation of a stormwater detention basin (sump) or drainage
reserve area is proposed, details of the construction of any dam,
berm, embankment, outlet or other water control devices and an analysis
of the wetlands hydrologic system, including seasonal water fluctuations,
inflow/outflow calculations and subsurface soil, geology and groundwater
conditions.
(g)
Location of wells and/or sanitary sewage disposal systems. The
location of any well and the depth thereof and of any waste disposal
system within 250 feet of the proposed operation or project.
(h)
Drainage system details. Details of any drainage system proposed
both for the construction process of the system and the final development
and maintenance of the system.
(i)
Construction details for the deposition of soil. Where creation
or enlargement of a lake or the pond is proposed, details of the construction
of any dams, embankments, outlets or other water-control devices and
the deposition of the spoil material.
(6)
An erosion and sedimentation control plan.
(7)
A copy of any permit issued by any other governmental agency.
(8)
List of affected functions. A list of all beneficial functions of
the wetland which will be affected by the application.
(9)
Details of protection procedure. A diagram showing the proposed erosion
controls and, if applicable, as in the case of development of the
property for use other than a single-family dwelling, the proposed
controls over access to the adjacent areas accompanied by a schedule
for their installation and maintenance.
D.
Professional review fees. The approving authority, in reviewing any
application pursuant to this section, may refer such application to
any independent professional as said Board may deem reasonably necessary
to properly advise it on technical matters relating to such application.
The applicant shall be responsible for reimbursing the Village for
the cost of such professional review upon submission of a copy of
the voucher or, at the discretion of the approving authority, by establishing
an escrow account in advance of the consideration of the application
and/or in advance of the retention of the outside professional by
the approving authority. The payment of such fees shall be in addition
to any and all other fees required by the chapter of any other Village
law, ordinance or regulation.
A.
The Planning Board shall conduct a public hearing regarding all completed
applications for a wetland permit, after due public notice is given.
The applicant shall notify adjoining property owners (within 200 feet)
of the subject property. The applicant shall provide proof of notification
and mailings at the public hearing.
B.
Within a maximum of 60 days from the date of the close of the public
hearing and the completion of the State Environmental Quality Review
(SEQR) process, unless such time period is extended with the consent
of applicant, the approving authority shall render a decision either
to approve with required modifications or disapprove the permit application.
Whatever decision is made shall constitute a final determination of
the approving authority. Aggrieved parties may seek relief pursuant
to Article 78 of the Civil Practice Laws and Rules of the State of
New York.
C.
The applicant and the Board may mutually consent to extend time for
the determination on the application. Any such extension of time must
be made in writing.
D.
In arriving at its decision, the approving authority shall consider
at least the following:
(1)
The extent to which the proposed action, including any mitigation
which is offered, is consistent with the legislative intent of the
Board of Trustees of the Village of Centre Island as set forth in
this chapter and is necessary in order to make at least a minimally
reasonable use of the property, not the maximum use.
(2)
All evidence offered at the public hearing.
(3)
All permits and reports issued or submitted by any Village, County,
state or federal agency or by any expert retained by the approving
authority.
(4)
All relevant facts and circumstances, including, but not limited
to, the following:
(a)
The environmental impact of the proposed action.
(b)
The suitability of the proposed action for the area where it
is proposed.
(c)
Alternatives to the proposed action that would eliminate the
need for the requested permit or would reduce the potential impact
of the requested action.
(d)
The nature and extent of any mitigation proposed by the applicant.
(e)
Other mitigation that would serve to further reduce any potential
adverse environmental impacts or pollution, including a reduction
in the nature or scale or the proposed action.
A.
Every permit issued pursuant to this chapter shall contain the following
general conditions:
(1)
The Village Engineer and/or Building Department shall have the right
to inspect the project from time to time.
(2)
The permit holder shall notify the Village, in writing, of the date
on which project construction is to begin at least five business days
in advance of such date.
(3)
The permit shall be prominently displayed at the project site during
undertaking of the activities authorized by the permit.
(4)
The boundaries of the project shall be clearly staked or marked.
In addition, any wetland and watercourses contained within the boundaries
of the project shall also be staked or marked by snow fencing, as
specified by the Village Engineer.
(5)
All permits shall expire on completion of the acts specified and,
unless otherwise indicated, shall be valid for a period of one year.
B.
Any permit issued pursuant to this chapter may be issued with special
conditions if the Board deems it necessary to assure the preservation
and protection of affected freshwater wetland and adjacent areas and
to assure compliance with the policy and provisions of this chapter
and the provisions of the Board's rules and regulations adopted
pursuant to this chapter.
C.
Any permit issued pursuant to this section shall be valid for a period
not to exceed 18 months from the date of approval, unless otherwise
specified by the approving authority. All permits shall expire upon
completion of the work specified therein.
D.
The property upon which the activity has been approved shall be open
to inspection by the Village Building Inspector or other designated
representative or the approving authority at any reasonable time,
including weekends and holidays. The applicant, by having made application
for such a permit, shall be deemed to have given its consent to such
inspection. A notice of violation or stop-work order shall be issued
if it is found that the applicant has not complied with any of the
conditions or limitations as set forth in the permit or has exceeded
the scope of the approved activity.
E.
Within 30 days of the date of completion of all work for which a
permit pursuant to this section has been issued, a certification shall
be submitted by a properly qualified professional attesting that all
work has been completed in accordance with said permit and with any
requirements approved pursuant thereto.
F.
Continued conformance with all requirements as shown on an approved
plan for the disturbance of any wetland, watercourse, water body or
slope area, shall be deemed to be a condition for the continued maintenance
of the certificate or occupancy for the affected property. Any violation
of a condition of approval shall be subject to the imposition of penalties
as set forth below.
Decisions on permit applications shall be supported by written
findings and reasons.
Upon request of the applicant and pursuant to approval by the
Board, the Village Engineer may renew a permit for a period of one
year. The fee for a permit renewal will be set by the Board.
The Board may require posting of performance bond or letter
of credit as a condition of approval in such amount as it may determine
to the adequate security. The form and surety or bank will be subject
to acceptance by the Board.
Where the Village Engineer finds that the permittee has not
complied with one or more terms of such permit, has exceeded the authority
granted in the permit or has failed to undertake or complete the project
in the manner set forth in the application, he or she shall suspend
the permit and submit the matter to the Planning Board for appropriate
remedial action including, without limitation, revocation of the permit.
A.
Any person who violates any provision of these regulations shall
be guilty of a violation punishable by a fine of not more than $2,500
or imprisonment for a term not to exceed 15 days, or both such fine
and imprisonment for each violation. Each week's continued violation
and each violation of a different provision of these regulations,
shall be considered a separate and distinct offense.
B.
In addition to the above penalties, the Village shall not issue any
building permit, certificate of occupancy or temporary certificate
of occupancy for any property for which a notice of violation of these
regulations has been served until said violation shall have been resolved
to the satisfaction of the approving authority, or the court, as appropriate.
Where the requirements of this chapter impose a different restriction
or requirement than imposed by other sections of the Code of the Village
of Centre Island, the Village Law of the State of New York or other
applicable rules and regulations, the requirements of this chapter
shall prevail.
The invalidity of any word, section, clause, paragraph, sentence,
part or provision of this chapter shall not affect the validity of
any other part of this chapter which can be given effect without such
invalid part or parts.
Any person aggrieved by a decision of the Board made pursuant
to this chapter may appeal to the Village Board of Zoning Appeals
by filing a notice of appeal with the Village Clerk on forms supplied
by the Village, provided such filing is complete within 30 days from
the date the decision appealed from is filed with the Village Clerk.
The standards applied by the Board of Zoning Appeals for review shall
be the standards applied to a use variance under the Village Law of
the State of New York.
