Town of North Salem, NY
Westchester County
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Table of Contents
Table of Contents
[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Editor’s Note: This local law also repealed former Ch. 107, Freshwater Wetlands, adopted 3-10-1987 by L.L. No. 1-1987, as amended.

§ 107-1 Declaration of public policy.

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.

§ 107-2 Findings.

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:
(1) 
Surface drainage free from erosion and sedimentation and with capacity to carry runoff without danger of flooding.
(2) 
Freshwaters for potable water supply and for boating, swimming, fishing and other recreation.
(3) 
Continuity of water flows and supplies throughout the year.
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.

§ 107-3 Definitions.

The definitions as set forth in Chapter 250, Zoning, shall prevail except the following terms shall have the specific meanings indicated below:
BEST MANAGEMENT PRACTICES (BMPs)
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:
A. 
Watershed Agricultural Council's (WAC) Best Management Practice Program for Farming and Forestry.
B. 
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
C. 
Metropolitan Conservation Alliance (MCA) Technical Paper Series No. 6, Forestry Habitat Management Guidelines for Vernal Pool Wildlife.
D. 
New York State Standards and Specifications for Sediment and Erosion Control.
E. 
New York State Stormwater Management Design Manual.
F. 
New York Guideline for Urban Erosion and Sediment Control.
G. 
New York State Forestry Best Management Practices Field Guide.
BUFFER
See "Wetland/Watercourse buffer or buffer area."
CONSERVATION ADVISORY COUNCIL
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.
CONTROLLED AREA
Wetlands and watercourses, as defined herein, and all land located within 100 feet of the outside edge or perimeter of a wetland or watercourse.
ENVIRONMENTAL MONITOR
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.
FACULTATIVE SPECIES (FAC)
Plant species that occur with equal probability in both upland and wetland or watercourse systems.
FACULTATIVE WETLANDS SPECIES (FACW)
Plant species with an estimated probability of 67% to 99% of occurring in wetlands and watercourses, but occasionally in uplands.
FARMING OPERATION
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.
FLOODPLAIN
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.
HYDRIC SOIL
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).
HYDROPHYTIC VEGETATION
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.
OBLIGATE WETLAND SPECIES (OBL)
Plant species that, under natural conditions, nearly always occur in wetlands (i.e., greater than 99% of the time).
PERSON
Any corporation, firm, partnership, association, trust, estate, one or more individuals, or any unit of government or agency or subdivision thereof.
POLLUTION
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.
SELECTIVE TREE CUTTING
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.
STRUCTURE
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.
A. 
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.
B. 
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.
C. 
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.
WETLANDS
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.
WETLAND/WATERCOURSE BUFFER OR BUFFER AREA
That portion of a controlled area not consisting of a wetland or watercourse.
WETLANDS INSPECTOR
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.

§ 107-4 Maps and delineation criteria.

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.

§ 107-5 Prohibited, regulated and excluded activities.

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.
(4) 
In any controlled area, the slashing of trees as defined in the Zoning Ordinance[1] of the Town of North Salem and the use of chemicals, dyes, fertilizers, herbicides or similar materials in amounts which may cause pollution of waters.
[1]
Editor's Note: See Ch. 250, Zoning.
(5) 
Any other activity which substantially impairs any of the several functions served by wetlands and watercourses or the benefits derived therefrom as set forth in § 107-2F and G of this chapter.
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.
[2]
Editor's Note: See Ch. 250, Zoning.
(2) 
No exclusion from regulation is intended for the storage, spreading, drying or other use or management of animal wastes.

§ 107-6 Application for permit; determination.

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.
(c) 
The Wetlands Inspector shall transmit the referral to the Planning Board and shall include an initial review and recommendation in regards to the permit application materials as may be required according to § 107-6B and 7C of this chapter within said referral.
(d) 
An application referred to the Planning Board shall be processed according to the permit procedures as set forth in § 107-7C prior to action by the Building Inspector as set forth in § 107-7B of this chapter.

§ 107-7 Permit procedures.

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.
(g) 
Conforms to the criteria set forth in § 107-8 of this chapter.
(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, which the applicant shall publish at its own expense in the official newspaper of the Town of North Salem at least five business days prior to the public hearing. Said notice shall also be mailed by the applicant, certified mail return receipt requested, at least 15 business days prior to the public hearing to all owners of property in the town within 200 feet of the application property. The applicant shall submit proof of notification to the Planning Board.
(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.

§ 107-8 Issuance of permit; mitigation measures; permit expiration; extensions.

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.

§ 107-9 Administration and enforcement.

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.

§ 107-10 Adoption of procedures.

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.

§ 107-10.1 Fees. [1]

Fees shall be in accordance with the Standard Schedule of Fees for the Town of North Salem.
[1]
Editor's Note: See Ch. 85, Fees.

§ 107-11 Inspections and monitoring; certificate of compliance.

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.

§ 107-12 Suspension and revocation.

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.

§ 107-13 Penalties for offenses.

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.

§ 107-14 Construal of provisions.

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.

§ 107-15 Appeals.

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.