Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fishkill 1-22-2003 by L.L. No. 1-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Board — See Ch. 10.
Planning Board — See Ch. 25.
Waterfowl — See Ch. 58.
Flood damage prevention — See Ch. 78.
Sewers — See Ch. 118.
Subdivision of land — See Ch. 132.
Timber harvesting — See Ch. 140.
Zoning — See Ch. 150.
This chapter shall be known as the "Freshwater Wetlands, Watercourse and Water Body Law of the Town of Fishkill."
A. 
It is declared to be the public policy of the Town of Fishkill to preserve, protect and conserve freshwater wetlands, watercourses and water bodies and the benefits derived therefrom; to prevent despoilation and destruction of freshwater wetlands, watercourses, and water bodies; and to regulate development in such wetlands and protect such watercourses and water bodies in order to secure the natural benefits derived therefrom consistent with the general welfare and the beneficial economic, social and agricultural development of the Town.
B. 
It is declared to be the policy of the Town of Fishkill to exercise concurrent authority to regulate wetlands, watercourses and water bodies with the Department of Environmental Conservation under the provisions of Article 24 of New York State Environmental Conservation Law, and with the federal Army Corps of Engineers, where respective jurisdictions overlap. However, it is not the purpose of this legislation to multiply efforts, studies or expenditures by real property owners attempting to make reasonable and environmentally sound use of their assets. Accordingly, except for reasonable cause, the local approval authority established under this law shall defer to determination made by the federal Army Corps of Engineers or the state Department of Environmental Conservation with respect to the identification of, and the delineation of the size and boundaries of, wetland areas.
A. 
It is the intent of the Town of Fishkill to insure that activities in and adjacent to wetlands, watercourses and water bodies do not unduly impact the public safety, the natural environment or cause environmental degradation.
B. 
This chapter shall apply to all lands, defined as wetlands, wetland buffers, watercourses and water bodies in § 82-6, and to any proposed regulated activity as defined in § 82-7.
A. 
The freshwater wetlands, watercourses and water bodies located in the Town of Fishkill are invaluable resources for flood protection, wildlife habitat, open space, and water resources.
B. 
Considerable acreage of freshwater wetlands in the Town may be lost, despoiled or impaired by unregulated draining, dredging, filling, excavating, building, pollution or other acts.
C. 
Recurrent flooding, aggravated or caused by loss of freshwater wetlands, has serious effects upon natural ecosystems.
D. 
Freshwater wetlands, watercourse and water body conservation is a matter of the Town's concern.
E. 
Loss of freshwater wetlands and degradation of watercourses and water bodies deprives the people of the Town of Fishkill of some or all of the multiple benefits to be derived therefrom, as follows:
(1) 
Flood and storm control by the hydrologic absorption and storage capacity of freshwater wetlands.
(2) 
Wildlife habitat by providing breeding, nesting and feeding grounds and cover for many forms of wildlife and rare species.
(3) 
Protection of subsurface water resources and provision for valuable watersheds and recharging ground supplies.
(4) 
Recreation by providing areas of hunting, fishing, boating, bird-watching, photography, camping and other uses, if permission is given by owners.
(5) 
Pollution treatment by serving as biological and chemical oxidation basins.
(6) 
Erosion control by serving as sedimentation areas and filtering basins, absorbing silt and organic matter.
(7) 
Educational and scientific research by providing readily accessible outdoor biophysical laboratories, living classrooms and training and education resources, if permission is given by owners.
(8) 
Open space and aesthetic appreciation.
(9) 
Sources of nutrients in freshwater food cycles and nursery grounds and sanctuaries for freshwater fish.
F. 
The wetlands, watercourses and water bodies in the Town of Fishkill are invaluable resources for aquatic fish and bird habitat, fishing, boating and aesthetic appreciation.
G. 
The wetlands, watercourses and water bodies in the Town of Fishkill may be endangered by rapid development and the resulting degradation caused by the following:
(1) 
Siltation resulting from surface runoff from construction sites, road, bridge and pipeline construction and lack of erosion control on steep slopes.
(2) 
Pollution by road salt, chemical pollution from parking lot and tennis court runoff.
(3) 
Pollution by garbage, litter and refuse.
(4) 
Potential pollution, thermal, chemical and bacteriological, from numerous approved or planned residential sewage treatment plants.
(5) 
Reduction in flow of watercourses due to destruction of wetlands and lowering of the water table due to the rapid increase in water demands of residential development.
As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL ACTIVITY
The activity of an individual farmer or other landowner in grazing and watering livestock, making reasonable use of water resources for agricultural purposes, harvesting the natural products of wetlands, selective harvesting of trees, but excluding peat mining. "Agricultural activity" does not include clear-cutting of trees, filling or deposition of spoil, soil mining or draining of wetlands for growing agricultural products or for other purposes.
APPLICANT
Any person who files an application for any permit issued by the approval authority pursuant to this chapter; applicants may include owners, the agent of the owner, or a contract vendee.
APPROVAL AUTHORITY
The administrative board or public official empowered to grant or deny permits under this chapter. The approval authority shall be empowered to require posting of bonds, as necessary, and to revoke or suspend a permit where lack of compliance is established. The approval authority shall be the Planning Board of the Town of Fishkill.
BOARD
The Freshwater Wetlands Appeals Board established under Article 24 of the New York Environmental Conservation Law.[1]
BUFFER AREA
Protective areas surrounding or adjacent to wetlands, watercourses or water bodies that are subject to regulation. The size or extent of the buffer areas are defined under "wetland/watercourse/water body buffer" in this section.
CLEAR-CUTTING
Any cutting of more than 30% of trees four inches or more in diameter at breast height (4.5 feet) over any ten-year cutting cycle as determined on the basis of wetland area per lot or group of lots under single ownership, including cutting of trees which results in the total removal of one or more naturally occurring species, whether or not the cut meets or exceeds the threshold of 30%.
DEPOSIT
To fill, grade, discharge, emit, dump or place any material.
DISCHARGE
The emission of any water, substance or material into a wetland, watercourse or water body or their buffers, whether or not such substance causes pollution.
DOMINANT(S) or DOMINANCE
A dominant species is either the dominant plant species (i.e., the only species dominating a vegetative unit) or a codominant species (i.e., when two or more species dominate a vegetative unit). The measures of spatial extent are percent area cover for all vegetation units other than trees and basal area for trees. In this chapter, "dominance" refers to the spatial extent of a vegetative species because spatial extent is directly measurable or discernible in the field.
DRAIN
To deplete or empty of water by drawing off by degrees or in increments.
DREDGE
To excavate or remove sediment, sand, soil, mud, shells, gravel or other aggregate.
ECOLOGIST/BOTANIST
A person having special knowledge by reason of education or experience of the physical, chemical and biological sciences related to the physiology, identification and distribution of native plants and vegetative associations in wetland and upland systems and of methods to describe, classify and delineate vegetative species.
FACULTATIVE SPECIES
Vegetative species that can occur in both wetland and upland systems. There are three subcategories of facultative species: facultative wetland, straight facultative and facultative upland. Under natural conditions a facultative wetland species is usually (estimated probability 67% to 99%) found in wetlands, but occasionally in uplands. A straight facultative species has basically a similar likelihood (estimated probability of 34% to 66%) of occurring in both wetlands and uplands. A facultative upland species is usually (estimated probability 67% to 99%) found in uplands, but occasionally in wetlands. Facultative species for the Northeast are listed in the "National List of Plant Species That Occur in Wetlands, New York State: 1988," or as amended and updated.
FLAGGING
Placement of visible markers at the wetland boundary which, upon the approval of the Town, may be transferred by a qualified surveyor onto the site plan or other project map.
GRADING
To adjust the degree of inclination of the natural contours of the land, including leveling, smoothing and other modification of the natural land surface.
HYDRIC SOIL
A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in its upper portions and as further defined under "wetland" in this section.
HYDROPHYTIC VEGETATION
Plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content and as further defined under "wetland" in this section.
MUNICIPALITY
The Town of Fishkill.
MUNSELL SOIL COLOR CHART
A soil color designation system that specifies the relative degree of the three simple variables of color: hue, value and chroma, produced by the Kollmorgen Corporation, 1975, or as amended and updated.
OBLIGATE UPLAND SPECIES
Plant species that, under natural conditions, always occur in uplands (i.e., 99% of the time).
OBLIGATE WETLAND SPECIES
Plant species that, under natural conditions, always occur in wetlands (i.e., greater than 99% of the time).
ORGANIC SOILS/HISTOSOILS
A taxonomic order composed of organic soils (mostly peats and mucks) that have organic materials in over half the upper 32 inches unless the depth to rock or to fragmental materials is less than 32 inches (a rare condition) or the bulk density is very low, and as further defined under "wetland" in this section.
PERMIT or WETLANDS/WATERCOURSE/WATER BODY PERMIT
That form of written Town approval required by this chapter for the conduct of a regulated activity.
PERSON
Any corporation, firm, partnership, association, trust or estate; one or more individuals and any unit of government agency or subdivision thereof.
PLANNING BOARD
The duly appointed Planning Board of the Town of Fishkill.
POLLUTION
The presence of conditions or contaminants in quantities which are, or may be, injurious to humans, plants, animals or property.
PROJECT
Any collection of actions which may result in direct or indirect physical or chemical impact on a freshwater wetland, wetland buffer, watercourse or water body, including but not limited to a regulated activity.
REGULATED ACTIVITY
Those activities to be conducted in wetlands, wetland buffers, watercourses or water bodies that require a permit from the Town.
SELECTIVE CUTTING
The annual or periodic removal of trees, individually or in a small group, in order to realize the yield and establish a new crop and to improve the forest, which removal does not involve the total elimination of one or more species of trees.
SOIL SCIENTIST
A person having special knowledge by reason of education or experience of the physical, chemical and biological sciences applicable to the genesis and morphology of soils as natural bodies and of the methods to describe, classify and map soil units.
STATE AGENCY
Any department, bureau, commission, board or other agency or public authority of the State of New York.
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
The law promulgated at Article 8 of the New York State Environmental Conservation Law, and the regulations promulgated thereunder by the Commissioner of the Department of Environmental Conservation.
STRUCTURE
Anything constructed or erected, the use of which requires location on or within the ground or attachment to something having location on the ground, including but not limited to buildings, tennis courts, swimming pools, as examples.
SUBDIVISION OF LAND
The division of any parcel of land into two or more lots in accordance with the provisions of Chapter 132 of the Town Code of the Town of Fishkill.
TOWN
Town of Fishkill.
TOWN BOARD
The duly elected Town Board of the Town of Fishkill.
TOWN CLERK
The duly elected Town Clerk of the Town of Fishkill.
TOWN ENGINEER
Any person or firm designated by or contracted by the Town of Fishkill as Town Engineer.
TOWN ENVIRONMENTAL BOARD
The duly appointed Environmental Board of the Town of Fishkill.
WATER BODY
Any natural or artificial pond, lake, reservoir or other area which ordinarily contains water, has a discernible shoreline and an area of one acre or more, but not including a watercourse as defined in this chapter.
WATERCOURSE
A running stream of water; a natural stream fed from permanent or natural sources, including rivers, creeks, runs and rivulets. There must be a stream, generally flowing in a definite channel, having a bed or banks and usually discharging itself into some other stream or body of water. It must be something other than mere surface drainage over the entire face of a tract of land, occasioned by unusual freshets or other extraordinary causes.
WETLAND
Any area which meets one or more of the following criteria:
A. 
Lands and waters that meet the definition provided in § 24-0107, Subdivision 1, of the New York State Environmental Conservation Law, Freshwater Wetlands Act, or as amended and updated. The approximate boundaries of such lands and waters are indicated on the official wetlands map promulgated by the Commissioner of the New York State Department of Environmental Conservation, or as amended and updated.
B. 
All areas of one acre or more in area that comprise hydric soils and/or are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and under normal conditions do support, a prevalence of hydrophytic vegetation as defined by the Federal Interagency Committee for Wetlands Delineation, 1989, in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, Washington, DC, and adopted by the US Army Corps of Engineers, US Environmental Protection Agency, and the US Fish and Wildlife Service, or as amended and updated. Hydric soils referenced above shall include the soil types taken from the revised Dutchess County Soil Survey Series, 1991, or such revised, updated and adjusted soil surveys as may be completed.
WETLAND ADMINISTRATOR
An official(s) designated to enforce this chapter, who shall be the Zoning Administrator.
A. 
The process of determining wetlands and their boundaries. The boundaries of a wetland shall ordinarily be determined by field investigation, flagging and survey. Identification of the location and boundaries of wetlands shall be a product of reference to:
(1) 
Any freshwater wetlands map filed with the Clerk of the Town of Fishkill by the New York State Department of Environmental Conservation, as amended and updated; and
(2) 
The Soils Map of Dutchess County — Soil Survey Series 1991, or as from time to time updated;
(3) 
Other maps such as the 1990 US Fish and Wildlife Service Map which may assist in the location and delineation of wetlands; and
(4) 
Wetland boundary delineations made by either the NYS DEC or the Army Corps of Engineers.
B. 
Wetlands not depicted on any such maps are not thereby exempted from regulation under the provisions of this chapter.
WETLAND HYDROLOGY
The sum total of wetness characteristics in areas that are inundated or have saturated soils for a sufficient duration to support hydrophytic vegetation.
WETLAND PLANTS OF THE STATE OF NEW YORK
The list of obligate and facultative wetland and upland species developed by the United States Department of Interior, Fish and Wildlife Service, "National List of Plant Species that Occur in Wetlands, New York State: 1988," in cooperation with the National and Regional Wetland Plant List Review Panels, or as amended and updated.
WETLAND/WATERCOURSE/WATER BODY BUFFER
The wetland/watercourse/water body buffer areas surrounding or adjacent to a wetland, watercourse or water body are also subject to regulation. The size and extent of the buffers shall be as follows:
A. 
For wetlands and water bodies of at least one acre but less than two acres, the buffer shall be 50 feet. For wetlands and water bodies of at least two acres but less than three acres, the buffer shall be 75 feet. For wetlands of three acres and more, the buffer shall be 100 feet. The buffers cited above may be greater where designated by either the Commissioner of the DEC or local approval authority. The buffers shall be measured horizontally and away from and paralleling the wetland or water body boundary.
B. 
The buffer for the following watercourses shall be 50 feet from the normal waters' edge of stream: the main and tributary branches of Fishkill Creek, Clove Creek, and Sprout Creek.
C. 
For all other watercourses, the buffer zone shall be 30 feet beyond the normal waters' edge of the stream.
D. 
Where a wetland is regulated by another agency responsible for the administration of regulatory wetland buffers, the buffer requirements of this chapter shall be deemed concurrent, and not additional or consecutive, to the other agency's buffer regulations.
ZONING ADMINISTRATOR
The duly appointed Zoning Administrator of the Town of Fishkill.
[1]
Editor's Note: The Freshwater Wetlands Appeals Board was eliminated by L. 2012, c. 60.
The boundaries of a wetland ordinarily shall be determined by field investigation, flagging and survey, consistent with the definition of wetland delineation found within § 82-5 of this chapter. The approval authority may consult and/or may require the applicants to consult with approved biologists, hydrologists, soil scientists, ecologists, botanists, legal counsel, engineers, or other experts necessary to make this determination.
A. 
Regulated activities are not prohibited by this chapter, but no regulated activity shall be conducted in a wetland, watercourse or water body, nor the adjacent buffer zones, without a written permit from the approval authority and full compliance with the terms of this chapter.
B. 
Permitted activities. No permit is required for the following activities within a wetland, watercourse or water body nor adjacent buffer zones, provided they do not constitute a pollution or erosion hazard or interfere with proper drainage; and do not require structures, grading, fill, draining or dredging for which a permit may be required:
(1) 
Normal ground maintenance including mowing, trimming of vegetation, but excluding removal of vegetation that may cause erosion of sediment into a wetland, watercourse or water body.
(2) 
Repair of existing decorative landscaping and planting in a wetland, watercourse or water body buffer zones.
(3) 
Repair of existing walkways, walls and driveways.
(4) 
Public health activities, in emergencies only, of the Dutchess County Department of Health and/or New York State Department of Health.
(5) 
Operation of existing dams and water control devices.
(6) 
The activities of farmers in grazing and watering livestock to the extent that such grazing and watering does not cause erosion of sediment into a watercourse, making reasonable use of water resources, harvesting natural products of wetlands and wetland buffers, but excluding clear-cutting of timber and draining of wetlands.
C. 
Regulated activities that require a wetlands/watercourse/water body permit. Except as provided in § 82-7B of this chapter, a written permit issued by the approval authority is required for any of the following activities in any wetland, watercourse, water body or buffer area:
(1) 
Any form of draining, dredging, excavation or removal of soil, mud, sand, shells, gravel or other aggregate from any wetland, watercourse, water body or buffer 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, either directly or indirectly.
(3) 
Erecting any structures or roads, the driving of pilings or placing of any other obstructions, whether or not changing the ebb and flow of the water.
(4) 
Any form of pollution, including but not limited to installing a septic tank, running a sewer outfall or discharging sewage treatment effluent or any other wastes directly into or so as to drain into a wetland, watercourse or water body.
(5) 
Installation of any pipes, wells, service lines and cable conduits.
(6) 
Alteration and modification of natural drainage patterns and contours.
(7) 
Construction of docks, pilings, bridges, dams or other water control devices, whether or not they change the natural drainage characteristics.
(8) 
Any other activity which impairs any of the several functions served by freshwater wetlands, watercourses, water bodies and buffer areas or the benefits derived therefrom as set forth in § 82-4 of this chapter.
D. 
Prohibited activities. It shall be unlawful for any person to place or deposit chemical wastes or to introduce influents of sufficiently high thermal content as to cause deleterious ecological effects in any wetland, watercourse, water body or buffer area.
The issuance of permits for regulated activities under this chapter shall be the responsibility of the Planning Board, to which shall be referred all permit applications deemed to be complete by the Zoning Administrator. Applications for permits for regulated activities shall be filed with the Zoning Administrator.
A. 
No person shall undertake, permit, conduct or cause to be conducted a regulated activity in a wetland, watercourse, water body or buffer area without applying for and obtaining a written permit as provided for in this chapter.
B. 
Application procedure; preapplication consultation. The applicant, prior to filing an application for a permit under the provisions of this chapter, will consult with the Zoning Administrator on the compliance requirements related to wetlands, watercourses and water bodies as well as application procedures for the Town of Fishkill. The applicant shall describe the general nature of the proposed project as it relates to this chapter.
C. 
Application for a wetlands/watercourse/water body permit.
(1) 
The applicant shall file with the Zoning Administrator an application, in such form and with such information as the approval authority shall prescribe. At a minimum, the following information shall be required:
(a) 
A written explanation of why the proposed activity cannot be located at another site, i.e., out of the wetland, watercourse, water body or buffer areas.
(b) 
Applications affecting the water retention capacity, water flow, or other drainage characteristics of any wetland, watercourse or water body shall include a statement of the impact of the project on upstream and downstream areas giving appropriate consideration to flood and drought levels and the amount of rainfall.
(c) 
A map showing all wetlands, watercourses, water bodies and buffer areas on the site under review and within 200 feet of the site boundaries.
(d) 
A description of the vegetative cover of the area, including dominant species.
(e) 
A description of the soil types on the site.
(f) 
Where creation of a lake or pond is proposed, details of the construction of any dams, embankments, outlets or other water control devices and an analysis of the wetland hydrologic system including seasonal water fluctuation, inflow/outflow calculations and subsurface soil, geology and groundwater conditions.
(g) 
An environmental assessment form under SEQRA.
(h) 
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of Fishkill Town Code Chapter 130. The SWPPP shall meet the performance and design criteria and standards in Chapter 130, Article V. The Zoning Administrator may, in its sole discretion, require an SWPPP for disturbances of less than one acre. In determining whether to require an SWPPP for disturbances of less than one acre, the Zoning Administrator shall consider the following:
[Added 11-10-2007 by L.L. No. 9-2007]
[1] 
The location of the wetland in relation to the location of the proposed disturbance.
[2] 
Other water sources present on the site.
[3] 
The slopes present on the site.
[4] 
The height of the site.
[5] 
The soil conditions present on the site.
[6] 
The visual and/or scenic significance of the site.
(2) 
Additional information. The approval authority may require additional information in order to make a determination on the application. Additional information may include, but shall not be limited to, a schedule and sequence of proposed activities and the type of equipment to be used, the study of flood, erosion and other hazards at the site, and any other information deemed necessary to evaluate the proposed use in terms of the standards of this chapter.
(3) 
Filings shall be maintained on file in the office of the Zoning Administrator.
D. 
Transmittal of the application. Upon completion of the application, the approval authority shall transmit a copy of the application to:
(1) 
The Environmental Board established by the Fishkill Town Code; and
(2) 
In the case of a regulated activity within 500 feet of the Town line on a watercourse that crosses a Town line, or any regulated activity on a wetland that crosses the Town line, to the Clerk of the abutting Town.
E. 
Public hearings. A public hearing shall be conducted in conformance with the requirements of § 114-2 of the Town of Fishkill Code. Notice of such public hearing shall be posted, published and mailed as required by § 114-2 not less than 10 business days before said hearing is held.
[Amended 4-15-2015 by L.L. No. 1-2015]
In granting or denying or conditioning any application for a permit, the approval authority shall consider the following:
A. 
All evidence offered at any public hearing.
B. 
Any reports from other environmental councils, boards or commissions and/or federal, county, state or Town agencies.
C. 
The environmental impact of the proposed action.
D. 
Irreversible and irretrievable commitments of natural resources that would be involved in the proposed activity.
E. 
The suitability or unsuitability of the activity to the area for which it is proposed.
F. 
The effect of the proposed activity to the protection or enhancements of functions of wetlands, watercourses and water bodies and the benefits they provide as set forth in § 82-4 of this chapter.
G. 
The possibility of avoiding further reduction of the wetlands', watercourses', or water bodies' natural capacity to support desirable biological life, prevent flooding, supply water, control sedimentation, prevent erosion, assimilate wastes, facilitate drainage and provide recreation and open space.
H. 
The extent to which the exercise of property rights and the public benefit to be derived from such use may or may not outweigh or justify the possible degradation of the wetland, watercourse or water body, the interference with the exercise of other property rights and the impairment or endangerment of public health, safety and welfare.
I. 
The comments of the Zoning Administrator, which shall be submitted in writing to the Planning Board.
A. 
Permits will be issued by the approval authority pursuant to this chapter only if the approval authority shall find that:
(1) 
The proposed regulated activity is consistent with the policy of this chapter to preserve, protect and conserve wetland, watercourse and water body functions and the benefits derived therefrom.
(2) 
The permit issued for the proposed regulated activity is at least as restrictive as would result under application of the Freshwater Wetlands Act of the State of New York.
(3) 
The proposed activity is compatible with the public health and welfare.
(4) 
The proposed regulated activity cannot practicably be relocated on site to eliminate or reduce the intrusion into the wetland, watercourse or water body or the buffer areas adjacent thereto.
(5) 
The proposed regulated activity minimizes the degradation to, or loss of, any part of the wetland, watercourse or water body buffer and minimizes the adverse effects on the benefits of wetlands, watercourses and water bodies as set forth in § 82-4 of this chapter.
(6) 
The proposed regulated activities are in compliance with the standards set forth in 6 NYCRR 665.7(e) and 665.7(g), or as amended and updated.
B. 
The applicant shall have the burden of proof in demonstrating that the proposed activity will be in accordance with the policies and provisions of this chapter. Issuance of a wetlands disturbance permit by the NYS DEC or the Army Corps of Engineers shall be conclusive on the question of whether the applicant to the Town has met the burden of proof.
Any permit issued pursuant to this chapter may be issued with conditions to assure the preservation and protection of affected wetlands, watercourses and water bodies, and compliance with the policy and provisions of this chapter.
No permit granted pursuant to this chapter shall remove an applicant's obligation to also comply in all respects with the applicable provisions of any other federal, state or local laws or regulations, including but not limited to, the acquisition of any other permit or approval.
A. 
All wetland/watercourse/water body permits shall expire upon completion of the activities specified and, unless otherwise indicated, shall be valid for a period of one year from the date of issue. No original permit granted pursuant to this chapter shall be valid for a period longer than three years from the date of issue. The approval authority may extend the time in which the activities specified in the permit must be completed if, in its opinion, such extension is warranted by the particular circumstances thereof for not to exceed two additional periods of 90 days each. A request for extension shall be made in writing to the approval authority at least 30 days prior to the expiration date of the original permit, or the first ninety-day extension.
B. 
Should a permittee fail to complete the activities specified in the permit prior to the expiration of the second ninety-day extension, the original permit shall become null and void and a new permit must be applied for. The request for a new permit shall follow the same form and procedure as the original application except that the approval authority shall have the option of not holding a hearing if the original intent of the permit is not altered or extended in a significant way.
C. 
Notice of change of ownership of the parcel covered by the permit must be filed with the Zoning Administrator within 30 days of the transfer. This shall be a condition attached to all permits issued under this chapter.
Any person convicted of having violated or disobeyed any provision of this chapter, or any condition attached by the approval authority in a permit granted pursuant to this chapter shall, for the first offense, be punishable by a fine of not less than $1,000. For each subsequent offense, such person shall be punishable by a fine of not less than $2,000 nor more than $15,000, and/or imprisonment of not more than 15 days. Each consecutive day of the violation may be considered a separate offense.
A. 
This chapter shall be enforced by the Zoning Administrator. The Town Board may also designate other enforcement officers.
B. 
The Town is specifically empowered to seek injunctive relief restraining any violation, threatened violation or breach of any permit condition under the provisions of this chapter, and/or to compel the restoration of the affected wetland, watercourse, water body or buffer to its condition prior to the violation, or breach of any permit condition. If the Town is successful in obtaining preliminary and/or permanent injunctive relief, it shall be entitled to an award by the court of its reasonable attorneys' fees.
Where the Planning Board uses the services of private engineers, attorneys or other consultants for purposes of engineering, scientific land use planning, environmental or legal reviews of the adequacy or substantive details of applications, or issues raised during the course of review of such applications, or to assist in assuring or enforcing an applicant's compliance with the terms and conditions of permits or approvals, the applicant and landowner, if different, shall be jointly and severally responsible for payment of all the reasonable and necessary costs of such services, in accordance with the procedures and substantive provisions set forth in § 150-98 of the Town Code. In no event shall that responsibility be greater than the actual cost to the Town of such engineering, legal or other consulting services.
In order to carry out the purposes and provisions of this chapter, and in addition to the provisions specified elsewhere in this chapter, the following general provisions shall apply:
A. 
Severability. The provisions and sections of this chapter shall be deemed to be severable and the invalidity of any portion of this chapter by a court of competent jurisdiction shall not affect the validity of the remainder of this chapter.
The provisions of this chapter shall not apply to proposed uses or redesignation of allowable uses, subdivisions, or site development of lands which were the subject of a complete application to the relevant Town agency authorized to review and to approve such action(s) as of the effective date of Local Law No. 1 of 2003 entitled "Freshwater Wetlands, Watercourse and Water Body Law." Also, this chapter shall not apply to properties in connection with regulated activities which were reviewed and approved by a relevant Town agency prior to the effective date of said Local Law No. 1 of 2003.