[HISTORY: Adopted by the Town Board of the
Town of North Salem 12-14-2010 by L.L. No. 5-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 100.
Subdivision of land — See Ch. 200.
Zoning — See Ch. 250.
[1]
Editor’s Note: This local law also repealed former Ch.
107, Freshwater Wetlands, adopted 3-10-1987 by L.L. No. 1-1987, as
amended.
It is declared to be the public policy of the Town of North
Salem to preserve, protect and conserve freshwater wetlands and the
benefits derived therefrom, to prevent the despoliation and destruction
of wetlands and watercourses and to regulate the use and development
of wetlands and watercourses in order to secure the natural benefits
therefrom for the protection of public health and safety and consistent
with the general welfare and the beneficial economic, social and agricultural
development of the Town.
The following findings are made:
A.
Wetlands and watercourses in the Town of North Salem are invaluable
resources for flood protection, wildlife habitat, open space and water
resources.
B.
Wetlands and watercourses in the Town of North Salem have been or
are in jeopardy of being lost, despoiled or impaired by unregulated
draining, dredging, filling, excavating, building, polluting or other
acts inconsistent with the natural uses of such wetlands and watercourses.
C.
Recurrent flooding of areas of the Town of North Salem, aggravated
or caused by the loss of wetlands or alteration of watercourses, has
serious effects upon natural ecosystems and presents serious hazards
to the health, safety, welfare and property of the people of the Town,
within and outside such wetlands and watercourses, including loss
of life; loss of and damage to private and public property; disruption
of lives and livelihoods; interruption of commerce, transportation,
communication and governmental services; and unsanitary and unhealthy
living environmental conditions.
D.
Wetland and watercourse conservation is a matter of concern to the
entire Town, and the establishment of preservation, protection and
conservation practices is essential to the public health, safety and
welfare since acts on wetlands and watercourses in one location affect
persons and property in other locations.
E.
Wetlands and watercourses overlap many properties and neighborhoods,
and experience has demonstrated that effective wetland and watercourse
protection requires uniformity of preservation, protection and conservation
throughout the Town.
F.
Loss, despoliation or impairment of wetlands deprives people of the
Town of some or all of the many and multiple benefits to be derived
from wetlands, such as the following:
(1)
Flood- and stormwater runoff control by hydrologic absorption and
storage capacity of wetlands.
(2)
Protection of wildlife habitat by providing for 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 of groundwater supplies.
(4)
Recreation by providing resource areas for hunting, fishing, boating,
hiking, bird watching, photography, camping 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 and protecting channels and water
bodies.
(7)
Education and scientific research by providing outdoor biophysical
laboratories, living classrooms and resources for training and education.
(8)
Open space and aesthetic appreciation.
(9)
Sources of nutrients in freshwater food cycles and the nursery ground
and sanctuary for fish.
(10)
Vegetation providing temperature modification, purification
of the air and natural products for harvest.
G.
Improper use and despoliation or impairment of watercourses deprives
people of the benefits thereof, such as the following:
H.
Regulations of wetlands and watercourses are 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.
The definitions as set forth in Chapter 250, Zoning, shall prevail except the following terms shall have the specific meanings indicated below:
Established and accepted methods, controls or techniques
as may be revised or amended from time to time, found to be the most
effective and practicable means in preventing or minimizing adverse
environmental impacts, including but not limited to the following:
Watershed Agricultural Council's (WAC) Best Management Practice
Program for Farming and Forestry.
Metropolitan Conservation Alliance (MCA) Technical Paper Series
No. 5, Best Development Practices (BDPs): Conserving Pool-Breeding
Amphibians in Residential and Commercial Developments in the Northeastern
United States
Metropolitan Conservation Alliance (MCA) Technical Paper Series
No. 6, Forestry Habitat Management Guidelines for Vernal Pool Wildlife.
New York State Standards and Specifications for Sediment and
Erosion Control.
New York State Stormwater Management Design Manual.
New York Guideline for Urban Erosion and Sediment Control.
New York State Forestry Best Management Practices Field Guide.
Town of North Salem Best Management Practices for Removal of
Invasive Plant Species.
[Added 2-25-2020 by L.L. No. 1-2020]
See "Wetland/Watercourse buffer or buffer area."
The body established by the Town Board under the General
Municipal Law or any other body established by the Town Board having
responsibility for conservation activities.
Wetlands and watercourses, as defined herein, and all land
located within 100 feet of the outside edge or perimeter of a wetland
or watercourse.
A qualified environmental professional approved by the Planning
Board and funded by an applicant to monitor and report to the Planning
Board, Building Inspector and/or Wetlands Inspector on the implementation
or construction phase of an authorized wetland permit.
Plant species that occur with equal probability in both upland
and wetland or watercourse systems.
Plant species with an estimated probability of 67% to 99%
of occurring in wetlands and watercourses, but occasionally in uplands.
Any operation on a parcel of land not less than four acres that is used for soil-dependent cultivation of agricultural crop production and/or the raising of livestock, poultry or dairy products, raising of fur-bearing animals, the keeping of horses and livery or boarding stables, as permitted under Chapter 250, Zoning. It excludes riding academies and dog kennels.
An area of land subject to flooding during a one-hundred-year
flood, as mapped in the Town of North Salem according to the latest
official community floodplain maps published by the Federal Emergency
Management Agency.
A soil that is saturated, flooded, or ponded long enough
during the growing season to develop anaerobic conditions in the upper
16 inches and as further defined in the Corps of Engineers Wetlands
Delineation Manual (Environmental Laboratory Technical Report Y-87-1).
An assemblage of one or more plant species growing in an
aquatic or semi-aquatic environment or in soil that is at least partially
deficient in oxygen as a result of excessive water content. Hydrophytic
vegetation includes the sum of those dominant plant species occurring
in a wetland that are designated as "facultative" (FAC), "facultative
wetland" (FACW) and/or "obligate wetland" (OBL) as recorded in the
National List of Plant Species that Occur in Wetlands: Northeast (Region
1) or the National List of Plant Species that Occur in Wetlands, New
York, developed by the U.S. Department of the Interior Fish and Wildlife
Service in cooperation with the National and Regional Wetland Plant
Review Panels, as amended and updated from time to time.
Plant species that, under natural conditions, nearly always
occur in wetlands (i.e., greater than 99% of the time).
Any corporation, firm, partnership, association, trust, estate,
one or more individuals, or any unit of government or agency or subdivision
thereof.
The presence in the environment of man-induced conditions
or contaminants in quantities or characteristics which are or may
be injurious to human, plant or wild life or other animal life or
to property.
The cutting of live trees having a caliper of six inches
or more at a height of three feet above the ground, affecting no more
than 30% of such trees per contiguous acre within a controlled area,
during a consecutive ten-year period.
A combination of materials constructed, assembled or erected
on, above or below the ground or attached to something having location
on, above or below the ground, including but not limited to buildings,
fences, tanks, towers and swimming pools.
Rivers, streams, brooks and waterways which are delineated on
the latest edition of the United States Department of the Interior
Geological Survey, 7.5 Minute Series, (Topographic) Maps covering
the Town of North Salem.
Any other streams, brooks and waterways containing running water more than three months a year and any other streams, brooks and waterways which are delineated on the maps referred to in § 107-4.
Lakes, ponds and all other bodies of water, natural or artificial,
which are fed by or have surface discharge to a wetland or another
watercourse.
All areas that are underlain by hydric soils and/or are inundated
or saturated to within 16 inches of the surface by groundwater or
surface water at a frequency and duration sufficient to support a
prevalence of hydrophytic vegetation as defined by the Corps of Engineers
Wetlands Delineation Manual (Environmental Laboratory Technical Report
Y-87-1). Wetlands include vernal pools, wet meadows, marshes, swamps,
bogs and similar wet areas.
That portion of a controlled area not consisting of a wetland
or watercourse.
The person appointed by the Town Board to aid in the administration and enforcement of the provisions of this chapter in consultation with the Building Inspector pursuant to § 107-9 of this chapter.
A.
Wetlands and watercourses maps. The official Wetlands and Watercourses
Map of the Town of North Salem shall consist of the accumulated delineation
of wetlands and watercourses according to the delineation criteria
set forth herein and as accepted by the Town in the course of application
of this chapter. Other reference maps include but are not limited
to the latest Freshwater Wetlands Maps for Westchester County promulgated
by the Commissioner of the New York State Department of Environmental
Conservation pursuant to Subdivision 24-0301.5 of the New York State
Freshwater Wetlands Act; the National Wetlands Inventory Maps as promulgated
by the U.S. Department of the Interior, Fish and Wildlife Service;
and a map entitled Surface Hydrology, Town of North Salem, New York,
dated January 20, 1984.
B.
Wetlands and watercourses delineation criteria.
(1)
The boundary of wetlands and/or watercourses as defined herein shall
be determined by applying the criteria set forth in the Corps of Engineers
Wetlands Delineation Manual (Environmental Laboratory Technical Report
Y-87-1), delineated by a qualified environmental professional, and
subsequent survey and mapping by a New-York-State-licensed land surveyor,
with final acceptance of the wetland delineation by the Wetlands Inspector,
unless waived by the Building Inspector or Planning Board, subject
to a positive recommendation by the Wetlands Inspector and where it
is determined unnecessary to otherwise carry out the provisions of
this chapter.
(2)
An applicant may request a field review by the Wetlands Inspector
of a wetland delineation flagging prior to its survey and mapping
by a New-York-State-licensed land surveyor according to the preapplication
procedures as set forth in this chapter, which review shall be subject
to possible reinspection and confirmation following submission of
a required survey of the delineation.
Any person desiring to conduct a regulated activity, as hereinafter
defined, in a controlled area, shall obtain a permit therefore as
hereinafter provided. No permit shall be required in the case of an
excluded activity as hereinafter defined in Subsection C. Activities
are prohibited, regulated or excluded from regulation as follows:
A.
Prohibited activities. The following activities are prohibited as
indicated:
(1)
Placement of a sewage disposal tank, septic field or wastewater treatment
plant within any wetland or watercourse.
(2)
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 controlled
area, except where approval for such is obtained from the Westchester
County Department of Health and the New York City Department of Environmental
Protection, as appropriate, subject also to Town of North Salem approval
as a full wetland permit.
(3)
Placement or deposit of chemical wastes in a controlled area.
(4)
Introduction of influents of sufficiently high thermal or chemical
content as to cause deleterious ecological effect in any controlled
area.
(5)
Placement of stormwater basins in or within 50 feet of any wetland
or watercourse in conjunction with a new subdivision plat and/or site
development plan application.
(6)
Direct discharge of untreated stormwater runoff into a wetland or
watercourse.
(7)
The placement of aboveground or underground chemical storage facilities
or bulk petroleum storage tanks within a controlled area.
(8)
The placement of uncontrolled manure stockpiles within a controlled
area.
(9)
Deposit or fill consisting of construction and demolition materials,
asphalt or other materials within a controlled area.
B.
Regulated activities. The following activities except as prohibited
or excluded herein shall require a permit subject to the regulations,
standards and procedures of this chapter:
(1)
Any form of draining, dredging or excavation and any grading or removal
of soil, mud, sand, gravel or other earth material from any controlled
area, either directly or indirectly.
(2)
Any form of dumping, filling or depositing of any soil, stones, sand,
gravel, mud, rubbish or fill of any kind in any controlled area, either
directly or indirectly.
(3)
In any controlled area, erecting any buildings or other structures;
construction of any road, driveway or motor vehicle parking area;
driving of pilings; drilling or digging of wells; installation of
any pipe or other conduits or placing of any other obstructions, whether
or not changing the ebb and flow of the water.
C.
Excluded activities.
(1)
The following activities are excluded from regulation under this
chapter, provided that they are not prohibited by this or any other
law, ordinance, rule or regulation; provided they do not constitute
a pollution or erosion hazard or interfere with proper drainage or
adversely affect reasonable water use by others; and provided such
activities conform to the Town of North Salem Zoning Ordinance:[2]
(a)
The depositing or removal of natural products of the wetlands
and watercourses by recreational or commercial fishing, aquaculture,
hunting or trapping, where otherwise legally permitted and regulated.
(b)
Farming operations as defined herein, provided that the operator
shall file with the Building Inspector a written notice of intent
to engage in such activity, stating the approximate acreage to be
affected, the general location thereof, the use or uses to be made
of the land and the methods to be employed.
(c)
Selective tree cutting, provided stumps are left in place and work is accomplished without the assistance of any motorized vehicle and in accordance with Chapter 189, Land Excavation, Filling and Tree Removal.
(d)
Public health activities under orders and regulations of the
Westchester County Department of Health or New York State Department
of Health, provided that copies of such orders and regulations have
been filed with the Town Clerk of the Town of North Salem.
(e)
Mosquito control projects approved, in writing, by the New York
State Department of Environmental Conservation.
(f)
The operation, maintenance and repair of dams, seawalls, docks
and water control structures that were in existence on the effective
date of this chapter.
(g)
Seasonal installation and removal of docks which do not include
the construction or installation of new, expanded or enlarged docks.
(h)
Normal ground maintenance of existing landscaped areas and residential
gardens, including mowing of existing lawn areas and the trimming
and removal of dead or diseased vegetation.
(i)
Repair or replacement, in-kind, of walkways, terraces, patios,
walls, seawalls, fences, bridges (excluding foundations and footings),
bridge decking, driveways and roadways, provided that the height,
size and/or spatial extent (i.e., no increase in the area beyond the
existing footprint or changes to structural foundations or footings)
of the affected area does not change and appropriate erosion controls
are maintained.
(j)
Removal of brush and storm debris causing an impedance of flow
or which is causing flooding or is threatening public safety on highways
or in dwellings or other structures.
(k)
Normal building or structure maintenance activities, including
periodic pumping of septic tanks, and interior and exterior repairs
and improvements which do not enlarge or expand the building or structure,
or require excavation, filling, or other similar disturbances and
alterations (temporary or permanent).
(l)
Routine maintenance of established and new establishment of
hiking and bridle trails by municipal and/or Section 501(c)(3)[3] organizations upon notification of the Building Inspector
and in accordance with a maintenance plan approved by the Building
Inspector and/or Wetland Inspector established in accordance with
best management practices.
[3]
Editor's Note: See Section 501(c)(3) of the Internal Revenue
Code.
(m)
Routine maintenance of approved sediment basins in accordance
with an approved wetland permit, establishing periodic future maintenance
activities and procedures.
(n)
Limited invasive plant species removal by municipal and/or § 501(c)(3)
organization upon submission of a Notice of intent to the Building
Inspector (on a form provided by the Building Inspector), subject
to the following standards and requirements:
[Added 2-25-2020 by L.L. No. 1-2020]
[1]
The notice of intent shall include a map of the work area and a narrative
detailing:
[a]
Identification and qualifications of the persons performing the invasive
plant species removal. Removal of invasive plant species shall be
conducted by persons knowledgeable about native plants and invasive
plant species, and shall be conducted in accordance with Town of North
Salem Best Management Practices for Removal of Invasive Plant Species,
North Salem Planning Board, dated January 28, 2020, as amended from
time to time, on file with the North Salem Building Inspector and
Planning Department.
[b]
The proposed start and end date of work.
[c]
The size of the area to be affected.
[d]
Identification of the targeted invasive plant species to be removed.
[e]
The approximate number/kind of native plant species to be installed
within the affected area.
[f]
The monitoring schedule to be followed after removal.
[2]
All invasive plant species removal work and replanting of noninvasive
species thereafter shall be completed by hand only.
[3]
Invasive plant species removal work shall be limited to established
conservation lands subject to development restrictions and/or a conservation
easement.
[4]
Removal work involving grade excavation or land disturbance shall
be limited to a contiguous area not exceeding 1,000 square feet during
a single growing season.
[5]
The Building Inspector shall be notified prior to the commencement
of work, may conduct an inspection of the work area at any time, and
shall be notified when work is completed.
[6]
The Building Inspector shall report annually to the Planning Board
and Conservation Advisory Council as to the use of the exclusion and
the locations relating thereto.
[Amended 3-8-2022 by L.L. No. 2-2022]
(2)
No exclusion from regulation is intended for the storage, spreading,
drying or other use or management of animal wastes.
A.
Preapplication.
(1)
Before preparing or submitting an application to conduct or cause
to be conducted a regulated activity as defined herein, an applicant
should become familiar with the regulations, standards and requirements
contained herein.
(2)
Prior to submitting a formal permit application, a preapplication
conference may be requested with the Building Inspector and/or Wetlands
Inspector, including a field review of the potential application subject
property and/or of the flagging associated with a qualified wetland
delineation prior to its survey and mapping by a New-York-State-licensed
land surveyor.
(3)
The purpose of a preapplication conference is to provide an applicant
an opportunity to seek guidance regarding the applicability and processing
standards set forth in this chapter. Comments which may be given by
the Building Inspector and/or Wetlands Inspector shall not be binding
but rather preliminary guidance based on the limited information and
details provided.
B.
Application for permit. Any person proposing to conduct or cause to be conducted a regulated activity as defined in § 107-5B shall file a permit application with the North Salem Building Department in such form and number of copies as the Building Department shall prescribe. The application shall contain the following minimum information:
(1)
A completed application form.
(2)
The name and address of the applicant and the applicant's agent,
if any and whether the applicant is owner, lessee, licensee, etc.
If the applicant is not the owner, the written consent of the owner
must be attached.
(3)
Project plans showing the delineation of the controlled area (wetlands,
watercourses and one-hundred-foot buffer areas) and the extent and
nature of the proposed work, which shall be certified by an engineer,
land surveyor, landscape architect, or architect licensed in the State
of New York, drawn to a scale no less detailed than one inch equals
30 feet:
(a)
The delineation map shall show the location and numbering of
all individual field delineation flags, prepared and certified by
a New-York-State-licensed land surveyor, the certification to be within
one year of the date of application.
(b)
The delineation limits of all wetlands and watercourses shall
be subject to field verification by the Wetlands Inspector.
(c)
The project plans may be included or incorporated on any concurrently
submitted subdivision, site development plan or other plans as may
be required to be submitted pursuant to other related permits as required
by the Code of the Town of North Salem.
(4)
A delineation report and assessment, prepared by a qualified wetland
professional, including but not limited to the identification, description
and impact assessment of the following:
(a)
Hydrophytic vegetation.
(b)
Wetland/watercourse hydrology.
(c)
Wetland/watercourse and buffer area functions and benefits.
(d)
Site soil types, including all hydric inclusions per soil type
and field observed indicators of hydric soils, their drainage characteristics
and depth to bedrock.
(e)
Site flora, including upland and hydrophytic vegetation with
the wetland classification status (FAC, FACW, FACU, OBL) of dominant
woody and herbaceous species.
(f)
Site fauna.
(5)
A narrative description of the proposed regulated activity or use,
indicating:
(a)
Location of subject property and area to be affected.
(b)
Environmental impact assessment and description of the wetland,
watercourse and/or buffer area proposed to be disturbed or altered.
(c)
Intended purpose of the proposed activity or use and the applicant's
interest in the subject property and area to be affected.
(d)
Intended purpose and extent of impact or alteration on the affected
wetland, watercourse and/or buffer area.
(e)
Explanation why the proposed regulated activity cannot be located
at another site or location with no or less impact upon wetland, watercourse
and/or buffer area.
(f)
Explanation as to whether or not the proposed activity is dependent
on the affected wetland, watercourse and/or buffer area.
(g)
Considered alternatives to the proposed activity, and why the
proposal to disturb or alter the affected wetland, watercourse and/or
buffer area was chosen instead.
(h)
The mitigation measures proposed to avoid or reduce impacts
on the affected wetland, watercourse and/or buffer area.
(6)
The names of persons whom the applicant knows or has reason to know
claim water rights in or adjacent to the wetland or watercourse.
C.
Waiver of submission materials. The Building Inspector or Planning
Board may, upon written request by an applicant, waive or modify the
required application materials to address the specific instances of
the application under consideration. Any such waiver shall not be
automatic, but rather shall only be granted if such required application
materials are deemed not applicable to the application under consideration.
The Building Inspector cannot waive the application submission requirements
for applications subject to Planning Board review and approval.
D.
Determination of permit type. Upon receipt of a copy of the application,
the Building Inspector shall review the scope of the proposed regulated
activity and may request the applicant to submit such additional information
as deemed necessary to determine compliance with this chapter. The
Building Inspector may consult with the Wetlands Inspector as deemed
appropriate. Within 10 days of receipt of an application or any such
additional requested information, the Building Inspector shall determine,
based on the scope of the proposed activity and the application materials
submitted, which of the following permit processes is required:
(1)
Minor wetland permit: Building Inspector.
(a)
The following regulated activities shall be subject to action by the Building Inspector as a minor administrative permit according to the permit procedures as set forth in § 107-7A and the standards for permit as set forth in § 107-8 of this chapter:
[1]
Repair or replacement of existing underground utilities (i.e.,
water electric, cable service lines) which can be achieved with minimal
impact to a controlled area.
[2]
Repair or replacement of existing drainage pipes within a buffer
area only and where the size of the drainage pipes will not be increased,
the discharge will not result in a concentrated flow of water at a
property line, and the discharge will not result in the erosion of
the ground down-slope whether it be on or off the applicant's property.
[3]
Minor construction or expansion of a deck, porch or fence accessory
to a single-family residence, utilizing hand-dug support posts, with
a ground footprint area of less than 500 square feet and located no
closer than 50 linear feet to a wetland or watercourse, including
associated grading, and provided there is no machine activity or grading,
and excess fill is removed or spread under the deck, porch or fence
and stabilized.
[4]
Construction of a terrace or patio accessory to a single-family
residence, with a ground footprint area of less than 500 square feet
and located no closer than 50 linear feet to a wetland or watercourse,
including associated grading.
[5]
Septic repair and remediation work performed in accordance with
the most current protocols and regulations of the Westchester County
Department of Health and/or New York State Health Department.
(b)
At the discretion of the Building Inspector, the review of any
of the above regulated activities may be required to be subject to
the standards and procedures for a full wetland permit.
(2)
Full wetland permit: Building Inspector.
(a)
All regulated activities which are not prohibited, excluded or allowable as a minor wetland permit shall be subject to action by the Building Inspector as a full wetland permit according to the permit procedures as set forth in § 107-7B of this chapter, including all applications referred to the Planning Board.
(3)
Required referral to Planning Board.
(a)
In any of the following cases, the Building Inspector and Wetlands
Inspector shall refer an application for a proposed regulated activity
to the Planning Board:
[1]
At the discretion of the Building Inspector and Wetlands Inspector,
any application requiring a full wetland permit may be referred to
the Planning Board for its review and action.
[2]
An application for a proposed regulated activity which is part
of a project for which a separate Planning Board review and approval
is also required by law, including but not limited to a site development
plan, conditional use, plans for excavation of sand and gravel or
tree removal, stormwater, or a subdivision plat.
[3]
An application to conduct a regulated activity which involves
three or more of the following:
[a]
An unlisted or Type I Action in accordance with
the State Environmental Quality Review Act (SEQRA), as may be revised
or amended from time to time.
[b]
Disturbance to a NYSDEC State-regulated wetland,
one-hundred-foot Adjacent Area, protected stream, or within 50 feet
of a State-regulated stream.
[c]
Direct disturbance to a wetland or watercourse.
[d]
Disturbance of 5,000 square feet or more of a controlled
area.
[e]
Establishment of and/or an increase in impervious
surface coverage (including gravel or other nonvegetative surfaces)
within a controlled area by 2,000 square feet or more.
[f]
Construction of a building, building addition and/or
point stormwater discharge within 50 feet of a wetland or watercourse.
[g]
Construction activity extending for a period of
six consecutive months or more.
(b)
The Building Inspector shall notify the applicant that the application
has been referred to the Planning Board.
A.
Minor wetland permit: Building Inspector. The Building Inspector,
in reviewing an application for a minor wetland permit, shall proceed
according to the following permit procedures:
(1)
A minor wetland permit by the Building Inspector shall be granted
provided the proposed activity meets all of the following standards:
(a)
Is not required to be referred to the Planning Board.
(b)
Can be classified as a Type II action as set forth in SEQR 6
NYCRR Part 617.
(c)
Can and will be implemented with handheld operated equipment
only.
(d)
Only includes storage of materials, construction equipment and
construction staging activities located outside of a controlled area.
(e)
Does not consist of the development, construction or installation
of new stormwater management improvements.
(f)
Does not include any proposed or expanded buildings or structures,
except fences.
(2)
The Building Inspector shall give written notification to the Town
Clerk, Wetlands Inspector and Conservation Advisory Council of the
approval of a minor wetland permit.
B.
Full wetland permit: Building Inspector. The Building Inspector,
in reviewing an application for a full wetland permit, shall proceed
according to the following permit procedures:
(1)
The Building Inspector shall provide a copy of the application to
the Conservation Advisory Council for its review and comment. A maximum
review period of 30 days shall be provided.
(2)
The Wetlands Inspector shall review the application and issue a written
recommendation to the Building Inspector within 10 days of the Conservation
Advisory Council's comments.
(3)
Additional reviews by the Conservation Advisory Council and Wetlands
Inspector may be required based on the specific issues and circumstances
of a particular application as determined appropriate by the Building
Inspector.
(4)
A full wetland permit shall be issued by the Building Inspector if the Wetlands Inspector, or Planning Board in the case of an application referred to it prior to Building Inspector action, determines that the activity conforms to the criteria set forth in § 107-8 of this chapter. The Building Inspector shall approve the application and issue the permit based upon the advice and written recommendation of the Wetlands Inspector, or in the case of a permit approved by the Planning Board according to the standards set forth in § 107-7C(9) of this chapter.
(5)
The Building Inspector shall give written notification to the Town
Clerk, Wetlands Inspector, Conservation Advisory Council and Planning
Board of the approval of an application and issuance of a full wetland
permit.
C.
Referral to Planning Board. The Planning Board, in reviewing an application referred to it, shall proceed according to the following permit procedures prior to action by the Building Inspector as set forth in § 107-7B(4) of this chapter:
(1)
As early in the process as possible, the Planning Board, upon finding that a proposed activity is similar in scope and generally consistent with the activities as set forth in § 107-5C(1) subject to Building Inspector approval, may refer any regulated activity subject to its review and approval for disposition by the Building Inspector, and may attach conditions thereto.
(2)
Application review. The Planning Board may request the applicant
to submit such additional information recommended by the Wetlands
Inspector and/or that it deems necessary to determine compliance with
this chapter, including but not limited to the following:
(a)
An environmental inventory and an evaluation of the location
and effects of the proposed regulated activity.
(b)
A chemical and biological evaluation of the waters involved
and the effects thereon of the proposed regulated activity.
(c)
Hydraulic and hydrological studies of the wetlands and watercourses
affected by the proposed regulated activity.
(d)
A program consisting of the schedule, sequence and type of equipment
to be used in the conduct of the activity.
(3)
Conservation Advisory Council. The Planning Board shall request the
advice of the Conservation Advisory Council, and the Council shall
furnish a written report of its findings and comments within 30 days
after the application is received by the Conservation Advisory Council.
(4)
Notice and hearing. The following notice and hearing requirements
shall be applicable in the case of any application referred to the
Planning Board:
(a)
Within 45 days after receipt of a complete application which meets the requirements set forth in § 107-6 of this chapter, the Planning Board shall hold a duly noticed public hearing.
(b)
The Planning Board shall provide the applicant with a notice
of public hearing at least 13 days prior to the public hearing, which
the applicant shall publish at its own expense in the official newspaper
of the Town of North Salem at least five days prior to the public
hearing. Said notice shall also be mailed by the applicant, certified
mail return receipt requested, at least 10 days prior to the public
hearing to all owners of property in the town within 200 feet of the
application property. Prior to or at the time of the public hearing,
the applicant shall provide to the Planning Board a copy of the required
notice, a list of the owners of all lots to whom such notice was mailed
and copies of all mailing receipts.
[Amended 2-25-2020 by L.L. No. 1-2021]
(c)
A copy of the notice of public hearing shall be transmitted
to the:
[1]
Town Clerk.
[2]
Building Inspector.
[3]
Wetlands Inspector.
[4]
Conservation Advisory Council.
[5]
In the case of a wetland or watercourse crossing the Town line,
the Clerk of the abutting Town.
[6]
In the case of a wetland or watercourse crossing a New York
county line, the Clerk of the abutting county.
(d)
All such applications, and the accompanying maps and documents,
shall be open for public inspection at the office of the Planning
Board.
(5)
Waiver of public hearing. The Planning Board, upon written request
by an applicant, may waive the requirement for a public hearing, provided
that, in its judgment of the particular circumstances of a proposed
application, it is not requisite in the interest of public health,
safety and general welfare.
(6)
Permit determination. Within 65 days of receipt of a complete application or from the close of the public hearing, whichever is later, the Planning Board shall determine if the proposed regulated activity conforms to the criteria set forth in § 107-8 and shall approve or deny the application.
(7)
Extension of time. The applicant and the Planning Board may, by mutual
consent, extend the time periods set forth in this section.
(8)
Conditions. The Planning Board may impose requirements for the modification of a proposed regulated activity and require conditions or limitations with respect to the conduct of such activity consistent with the declaration of policy contained in § 107-1 of this chapter.
(9)
The Planning Board may require an applicant to furnish a bond or
other security to guarantee completion and/or maintenance of approved
regulated activities, subject to the form and manner of execution
as approved by the Town Attorney and Town Board prior to action by
the Building Inspector.
(10)
The Planning Board shall file a copy of its written permit determination with the Building Inspector, Wetlands Inspector and Conservation Advisory Council. Said permit determination shall specify the basis on which an application has been approved or denied and, in the case of the approval of an application, shall set forth any modifications, conditions or limitations which shall be imposed thereon. The permit determination of the Planning Board shall constitute the basis on which the Building Inspector approves or denies an application and issues or denies a permit under § 107-7B of this chapter.
A.
A permit with or without conditions may be issued for a proposed
regulated activity if it is determined that the activity meets all
of the following standards:
(1)
The proposed activity will not have a substantial adverse effect upon the natural function and benefits of a wetland as specified in § 107-2F of this chapter.
(2)
The proposed activity will not substantially change the natural channel
of a watercourse or substantially inhibit the natural dynamics of
a watercourse system.
(3)
The proposed activity will not result in the degradation or pollution
of any part of a wetland, watercourse or buffer area.
(4)
The proposed activity will not increase the potential of flooding.
(5)
The proposed activity is compatible with the public health and welfare.
(6)
Sufficient provision has been made for control of erosion, siltation
and sedimentation during and after conduct of the proposed activity.
(7)
The proposed activity complies with the permitting requirements,
standards and specifications of the Town's regulations for stormwater
management and erosion and sediment control.
(8)
Impacts to the affected wetland, watercourse and/or buffer area are
determined to be unavoidable and minimized to the maximum extent practicable.
(9)
The proposed activity must be the only practicable alternative which
could accomplish the applicant's objectives and must have no practicable
alternative on a site that is not a wetland, watercourse, and/or buffer
area.
(10)
The proposed activity must minimize degradation to or loss of
any part of the wetland, watercourse or an associated buffer area
and must minimize any adverse impacts on the functions and benefits
which that wetland, watercourse and/or buffer area provides.
B.
A permit for a proposed regulated activity may be denied for one
or more of the following reasons:
(1)
The regulated activity, if implemented as proposed, would not be consistent with one or more of the findings as set forth in § 107-2 of this chapter.
(2)
The regulated activity, if implemented as proposed, would not meet one or more of the criteria standards set forth in § 107-8A of this chapter.
(3)
The resulting impacts associated with the regulated activity, if
implemented as proposed, would not provide sufficient avoidance or
impact minimization.
(4)
Reasonable alternatives to said regulated activity, in full or part,
exist which could result in greater controlled area avoidance or impact
minimization. Cost alone shall not be a limiting factor in determining
the reasonableness of an alterative (i.e., denial because a bridge
crossing could be implemented, resulting in less impacts instead of
a piped culvert crossing, shall not be unreasonable due to the increased
cost to design and construct the bridge).
C.
Mitigation measures.
(1)
An applicant may be required to prepare and implement a mitigation
plan to offset the impacts of the proposed regulated activities.
(2)
For the purposes of mitigation, losses of buffer area will be viewed
as losses of wetlands and watercourses. On-site mitigation shall be
the preferred approach; off-site mitigation shall be permitted only
in cases where on-site alternatives are not possible and the applicant
has control of the off-site property.
(3)
Acceptable mitigation must be provided to minimize impacts to the
maximum extent practicable, striving for a no-net-loss of wetlands,
watercourses and/or buffer areas within the Town. Acceptable mitigation
may be provided in various forms, either singularly or in combination.
(4)
All mitigation plans shall be based on the following order of preference:
(a)
Minimization of impacts and disturbance to wetlands, watercourses
and buffer areas, in that order.
(b)
Preservation of remaining wetlands, watercourses and buffer
areas through the dedication and establishment of perpetual conservation
easements, development restriction areas, or equivalent.
(c)
Rectification by repairing or restoring existing damaged wetlands,
watercourses and/or buffer areas, including enhancement thereto.
(d)
Replacement wetlands, watercourses and buffer areas that recreate
as similarly as possible the original wetlands, watercourses and/or
buffer areas in terms of spatial area, habitat type, functions, hydrologic
conditions, geographic location and setting.
D.
Permit expiration.
(1)
Conditional approval of a wetland permit shall expire unless such
conditions have been met and final plans as may be required have been
submitted for endorsement by the Building Inspector and/or Planning
Board Chair and Secretary within 180 days of the date of approval.
Failure to timely submit final plans shall result in expiration of
the related wetland permit, thereby making it null and void.
(2)
Approval shall expire unless a certificate of compliance relating
thereto has been obtained within two years from the date of said approval.
E.
Extensions.
(1)
An extension may be granted upon a showing of reasonable cause and/or
upon determination that the public interest and environment will be
best served by not interrupting the activity or use, if commenced.
(2)
A request for an extension shall be submitted in writing a minimum
of 45 days prior to the expiration date for which an extension is
requested and shall state at minimum the following:
(a)
The reasons and circumstances for the requested extension.
(b)
The reasons why the authorized activity or use has not been
initiated or completed within the time frame allowed.
(c)
Any changes in the facts or circumstances involved with or affecting
the regulated resource area affected by the authorized activity or
use, or the property for which the expiring permit was issued.
(d)
The status of the authorized activity or use which is the subject
of the expiring permit, including a description of the extent of work
completed at the time of the extension request and the proposed schedule
for completing the remaining authorized work.
(3)
A maximum of two extensions, not exceeding 90 days each, may be granted
provided it is determined that the extension is warranted by the circumstances
involved.
(4)
The Building Inspector is not authorized to extend the time periods
related to a permit review or expiration for a wetland permit issued
by the Planning Board, except as may be expressly authorized in a
Planning Board resolution of approval.
(5)
The Planning Board, in consideration of a request for an extension,
may require a public hearing consistent with the standards for public
hearing as set forth elsewhere in this chapter.
(6)
The granting of an extension may include additional conditions or
limitations as deemed appropriate or necessary.
This chapter shall be administered and enforced by the Building
Inspector, who shall keep records of all identifiable complaints of
any violation of this chapter and all notices of violation served
by the Building Inspector and the action taken consequent thereon.
The Building Inspector shall file with the North Salem Town Clerk
a copy of each order or decision rendered by the Building Inspector.
The Town Clerk shall keep records of all applications and permits.
The Building Inspector, Wetlands Inspector and Planning Board
may promulgate rules and establish procedures for the administration
of this chapter, including the submission of applications.
Fees shall be in accordance with the Standard Schedule of Fees
for the Town of North Salem.
A.
Inspections.
(1)
The Building Inspector and Wetlands Inspector may enter upon land
or waters for the purpose of inspection to determine compliance with
this chapter and for the purpose of undertaking any investigation,
examination, survey or other activity necessary for the purposes of
this chapter.
(2)
The Building Inspector, Wetlands Inspector, Planning Board and Conservation
Advisory Council and their authorized representatives may enter upon
land or waters for which a wetland permit application has been submitted
to the Town for the purposes of evaluating said application.
B.
Monitoring required.
(1)
The Building Inspector shall monitor, with the assistance of the
Wetlands Inspector as deemed appropriate, approved wetland permits
according to the specifications set forth in the permit to determine
whether the elements of the permit are being or have been met.
(2)
The Planning Board may require an applicant, at the applicant's expense,
to monitor the implementation or construction phase of an authorized
wetland permit by a Town-accepted environmental monitor, subject to
the oversight by the Building Inspector and Wetlands Inspector.
C.
Requirements of monitoring. The requirements for monitoring shall
be specified in the wetland permit and if an environmental monitor
is required, shall include but not be limited to the following:
(1)
The time period during which compliance monitoring shall occur.
(2)
Field measurements to verify the size and location of the impacted
wetland, watercourse and/or buffer area, and the restored/replacement
wetland, watercourse and/or buffer area.
(3)
Implementation scheduling of all authorized activities and any mitigation
restoration/replacement work.
(4)
Field verification of compliance with the vegetative, hydrologic,
and soils criteria, and all other requirements, as specified in approved
mitigation plans and granted wetland permit.
(5)
Where a mitigation plan is involved, the Wetlands Inspector shall
inspect all permit activities during the implementation or construction
phase of an approved wetland permit to assure that all required wetland,
watercourse and/or buffer area protections and mitigation measures
are properly installed and maintained, and authorized activities are
being satisfactorily completed according to the required implementation
schedule.
(a)
An applicant shall request a final inspection by the Wetlands
Inspector of all completed work, or as otherwise may be required by
the activity permit approval.
(b)
Incomplete work or unsatisfactory site conditions shall be remediated
immediately upon notice by the Wetlands Inspector.
(c)
Failure to take such action may result in the suspension or
revocation of an authorized wetland permit, or in the issuance of
a notice of violation.
(d)
Failure to conduct such inspections shall not in any way relieve
an applicant of its wetland permit conditions or responsibilities.
D.
Certificate of compliance.
(1)
Upon the completion of all authorized work conducted pursuant to
an authorized wetland permit, the permit holder shall request in writing
to the Building Inspector for a final inspection thereof.
(2)
An as-built plan of completed work, which plan shall be prepared
and certified complete by a New-York-State-licensed surveyor, landscape
architect and/or professional engineer, may be required as appropriate
to determine compliance and/or satisfaction with any conditions of
a wetland permit approval.
(3)
Except as otherwise required, the Building Inspector may coordinate
and/or have the Wetlands Inspector conduct the final inspection for
determination of compliance.
(4)
If all authorized work is complete in accordance with the issued
permit and the provisions of this chapter, then a certificate of compliance
shall be issued by the Building Inspector.
(5)
A certificate of compliance shall be deemed to authorize the initial
and continued activity and use affecting the regulated area and resource
(controlled area) so long as continued full conformity and compliance
are maintained with the terms and conditions of an issued wetland
permit and the provisions of this chapter.
Permit suspension and revocation. The Building Inspector is
authorized to suspend or revoke a permit if the applicant has not
complied with any of the conditions or limitations set forth in the
permit or has exceeded the scope of the activity as set forth in the
application. The Building Inspector may suspend the permit if the
applicant fails to comply with the terms and conditions set forth
in the application. Suspension or revocation by the Building Inspector
shall be based upon the advice and written recommendation of the Wetlands
Inspector.
The Building Inspector is authorized to order, in writing, the
cessation of any regulated activity being conducted in violation of
this chapter. He shall withdraw such order upon compliance herewith.
In any case where the Building Inspector issues a cease order suspending
or revoking a permit, the issuance of such cease order shall operate
to automatically stay the effectiveness of any such permit. The Building
Inspector is authorized to order, in writing, the remedying of any
condition which is found to be in violation of this chapter. The orders
of the Building Inspector shall be based upon the advice and written
recommendation of the Wetlands Inspector.
A.
Violations. Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a misdemeanor
punishable by a fine not exceeding $1,000 or by imprisonment for a
term not exceeding one year, or by both such fine and imprisonment.
B.
In the case of a continuing offense, each day's continuance thereof
shall constitute a separate, distinct and additional offense.
C.
The proper authorities of the Town of North Salem may institute any
appropriate action or proceeding to prevent, restrain, correct or
abate any violation of this chapter and to achieve restoration of
the affected wetland or watercourse to its condition prior to the
violation.
A.
Approval of an application and issuance of a permit under this chapter
shall not be construed to constitute compliance with any other regulation,
ordinance or law, nor to relieve the applicant from responsibility
to obtain a permit thereunder. The Building Inspector may, at his
discretion, withhold issuance of a permit hereunder until any other
required permit has been obtained by the applicant. This chapter is
in addition to and does not abrogate or lessen the effect of any other
regulation, ordinance or law pertaining to activities regulated hereunder
and controlled areas to which this chapter is applicable. It is further
stated that approval of permits by any other agency or authority does
not limit or eliminate the necessity of such local wetlands approval.
B.
An application shall not be deemed complete until and unless an applicant
has complied fully with the procedures and requirements of the State
Environmental Quality Review Act (Article 8 of the New York State
Environmental Conservation Law) and any corresponding local law.
Any applicant or any other person aggrieved by any order or
decision under this chapter may seek judicial review pursuant to Article
78 of the Civil Practice Law and Rules in the Supreme Court for the
County of Westchester within 30 days after the date of the filing
of such order or decision with the North Salem Town Clerk. Any appeal
shall operate to automatically stay the effectiveness of any permit
issued under the provisions of this chapter.
