[HISTORY: Adopted by the Board of Trustees of the Village of Pelham
8-23-1976 as L.L. No. 1-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 45.
It is the intent of the Board of Trustees of the Village of Pelham to
promote the public health by preserving and protecting important freshwater
wetlands within the village and the natural resources and processes associated
therewith.
As used in this chapter, the following terms shall have the meanings
indicated:
Lands and waters within the Village of Pelham, as shown on the Freshwater
Wetlands Map or any amendments thereto, which contain any or all of the following:
Lands and submerged lands commonly called marshes, swamps, sloughs,
bogs and flats supporting aquatic or semiaquatic vegetation, as listed under
7 (a) of Article 24.[1]
Lands and submerged lands containing remnants of any vegetation that
is not aquatic or semiaquatic that has died because of wet conditions over
a sufficiently long period, provided that such wet conditions do not exceed
a maximum seasonal water depth of six (6) feet and provided further that such
conditions can be expected to persist indefinitely, barring human intervention.
A map or any amendments thereto which has been duly adopted by the
Board of Trustees, on which is indicated the controlled areas.
A tax lot as shown on the current Tax Assessment Map of the Village
of Pelham and any amendments thereto.
Any corporation, firm, partnership, association, trust or estate,
and one (1) or more individuals.
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.
[1]
Editor's Note: Refers to § 24-0105 of the Environmental
Conservation Law.
A.
Within a freshwater wetlands controlled area, no person
shall allow or conduct, either directly or indirectly, without a permit issued
therefor in accordance with the requirements of this chapter:
(1)
Any form of draining, dredging, excavation or removal
of soil, mud, sand, gravel or other material.
(2)
Any form of dumping, filling, grading or depositing of
any soil, stones, sand, gravel, mud, rubbish or fill of any kind.
(3)
The erection of any structures or roads, the driving
of pilings or the placement of any other obstructions, whether or not changing
or diverting the flow of water.
(4)
The introduction of any form of pollution, including
but not limited to installing a septic tank, running a sewer outfall, discharging
sewage treatment effluent or other liquid wastes into or so as to drain a
freshwater wetlands area.
(5)
Any other activity which may substantially impair the
natural functions served by the wetlands or the benefits derived therefrom.
B.
Controlled activities under this chapter shall not include:
(1)
Swimming or fishing, where otherwise legally permitted.
(2)
Public health activities, orders and regulations of the
State or County Departments of Health.
(3)
Mosquito control projects, unless determined by the Planning
Board of the village to have an adverse impact upon the wetlands.
(4)
Grazing, farming and gardening.
(5)
The operation and maintenance of dams, retaining walls,
terraces, sluices, culverts or other water control structures or devices as
were in existence on the effective date of this chapter.
(6)
The conduct of normal land maintenance and conservation
measures, including tree trimming and pruning, the removal of dead or diseased
vegetation, lawn and garden care and the planting of decorative shrubs or
trees.
A.
Authority is hereby vested in the Planning Board of the
Village of Pelham to review applications for the conduct of any controlled
activity on a lot, all or a portion of which is located within a freshwater
wetlands controlled area, as defined in this chapter.
B.
The Planning Board shall establish appropriate rules
and regulations governing the application for and the issuance of permits
required by this chapter, including a provision for notice to the public of
any proposed action which might adversely affect a controlled area.
C.
The Planning Board may, in granting said permits, impose
such conditions as it deems necessary to carry out the purpose and intent
of this chapter.
