[HISTORY: Adopted by the Board of Trustees
of the Village of Greenport 8-24-1976 by L.L. No. 4-1976 (Ch. 82 of the 1975 Code). Amendments
noted where applicable.]
A.
The Village of Greenport finds that rapid growth,
the spread of development and increasing demands upon natural resources
are encroaching upon, despoiling, polluting or eliminating many of
its watercourses, coastal wetlands, tidal marshes, floodplain lands,
freshwater wetlands, watersheds, water recharge areas and other natural
resources and processes associated therewith which, if preserved and
maintained in an undisturbed and natural condition, constitute important
physical, social, aesthetic, recreation and economic assets to exiting
and future residents of the Village.
B.
It is the intent of the Village Board to protect the
citizens of the Village of Greenport by providing for the protection,
preservation, proper maintenance and use of its watercourses, coastal
wetlands, tidal marshes, floodplain lands, freshwater wetlands, watersheds,
water recharge areas and natural drainage systems in order to minimize
their disturbance, prevent damage from erosion, turbidity or siltation,
salt water intrusion, loss of fish, shellfish or other beneficial
marine organisms, aquatic wildlife and vegetation and the destruction
of the natural habitat thereof, the danger of flood and storm tide
damage and pollution, and to otherwise protect the quality of watercourses,
coastal wetlands, tidal waters, marshes, shorelines, freshwater wetlands,
watersheds and water recharge areas, underground water reserves, beaches
and natural drainage systems for their conservation, economic, aesthetic,
recreation and other public uses and values and further to protect
the Village's potable fresh water supplies from the dangers of drought,
overdraft, pollution and misuse or mismanagement. Therefore, the Village
Board declares that regulation of the watercourses, coastal wetlands,
tidal marshes, floodplain lands, freshwater wetlands, watersheds,
water recharge areas and natural drainage systems of Greenport Village
is essential to the health, safety, economic and general welfare of
the people of Greenport Village and for their interest.
This chapter shall be known and may be cited
as the "Coastal and Freshwater Wetlands, Floodplain and Drainage Law
of the Village of Greenport."
The following terms, phrases, words and their
derivatives shall have the meanings given herein:
Includes all tidal waters and marshes and contiguous uplands
which are inundated regularly or intermittently from normal tidal
cycles and/or peak lunar and storm tides. The upland limit of peak
storm tide and, hence, limit of the coastal floodplain shall be established
as more fully set forth the Flood Insurance Rate Map for the Village
of Greenport as prepared by the National Flood Insurance Program,
Federal Emergency Management Agency, such map bearing Community Panel
Number 361004-001-C, as revised.
[Amended 8-15-1985 by L.L. No. 2-1985]
Includes all lands and submerged lands bordering on or within
the Village boundaries which are covered by tidal waters, permanently
or intermittently, from normal or peak lunar tides.
That Comprehensive Master Plan of the Village for the development
of the entire area of the municipality showing existing and proposed
facilities, endorsed by the Planning Board and adopted by the Village
Board.
Lands and submerged lands commonly called marshes, swamps,
sloughs, bogs and flats, supporting aquatic or semiaquatic vegetation
of the following vegetative types:
Wetland trees, which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other trees, including, among others,
red maple (Acer rubrum), willows (Salix spp.), black spruce (Picea
mariana), swamp white oak (Quercus bicolor), red ash (Fraxinus pennsylvanica),
American elm (Ulmus americana) and larch (Larix laricina).
Wetland shrubs, which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other shrubs, including, among others,
alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), bog rosemary
(Andromeda glaucophylla) and leatherleaf (Chamaedaphne calyculata).
Emergent vegetation, including, among others,
cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes
(Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria
spp.), reed (Phragmites communis), wild rice (Zizania aquatica), bur
reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria), swamp
loosestrife (Decodon verticillatus) and water plantain (Alisma plantago-aquatica).
Rooted, floating-leaved vegetation, including,
among others, water lily (Nymphaea ordorata), water shield (Brasenia
schreberi) and spatterdock (Nuphar spp.).
Free-floating vegetation, including, among others,
duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal
(Wolffia spp.).
Wet meadow vegetation, which depends upon seasonal
or permanent flooding or sufficiently waterlogged soils to give it
a competitive advantage over other open-land vegetation, including,
among others, sedges (Carex spp.), rushes (Juncus spp.), cattails
(Typha spp.), rice cut-grass (Leersia oryzoides), reed canary grass
(Phalaris arundinacea), swamp loosestrife (Decodon verticillatus)
and spike rush (Eleocharis spp.).
Bog mat vegetation, including, among others,
sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla),
leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarrancenia
purpurea) and cranberries (Vaccinium macrocarpon and V. oxycoccos).
Submergent vegetation, including, among others,
pondweeds (Potamogeton spp.), naiads (Naias spp.), bladderworts (Utricularia
spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum
demersum), water milfoils (Myriophyllum spp.), muskgrass (Chara),
stonewort (Nitella spp.), waterweeds (Elodea spp.) and water smartweed
(Polygonum amphibium).
Includes those tidal marshes and coastal wetlands regularly
covered and exposed by normal tidal water action; the area between
mean low water and mean high water, including the low marsh cordgrass
(Spartina alterniflora).
Lambert Polyconic Conformal Projection, (appropriate) State
Coordinate System, (appropriate) Zone.
Includes but is not limited to soil, sand, gravel, clay,
bog, peat, mud, debris and refuse or any other material, organic or
inorganic.
Those uplands, floodplain lands and watercourses, including
coastal wetlands, designated on the Official Map of Greenport Village.
Such lands and waters may include but not be limited to all uplands
exhibiting fifteen-percent or greater slopes; all fresh, salt or brackish
water; swamps; bogs; marshes; streams; vernal ponds; ponds; lakes
and all lands within the coastal floodplain, whether intermittently
or permanently saturated or covered by ground- , surface or tidal
waters.
Use or activity, removal, deposition or construction operations,
or all of these.
Those excessively high tides or spring tides caused by lunar
gravitational phenomena.
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
Includes dig, dredge, suck, bulldoze, dragline or blast.
Includes those coastal wetlands inundated by tidal waters
from normal tidal action, and/or peak lunar tides, exhibiting salt
marsh peat at their undisturbed surface and upon which grow some or
all of the following indigenous vegetation: salt-meadow grass (Spartina
patens), spike-grass (Distichlie spicata), black grass (Juncus gerardi),
cordgrass (Spartina alterniflora), saltworts (Salicornia spp.), sea
lavender (Limonium carolinanus), salt-marsh bulrushes (Scirpus robustus
and Scirpus poludosus var. atlanticus), sand spurry (Spergularia marina),
tall cordgrass (Spartina pectinata), high tide bush (Iva frutescens
and Iva buccarus), cattails (Typha augustifolia and Typha latifolia),
spike rush (Eleocharis rostellata), chairmaker's rush (Scirpus americanus),
bent grass (Argostis polustria) and sweet grass (Hierochloe odorata).
Includes all waters bordering on or within the Village boundaries
subject to fluctuations in depth from storm, peak lunar or normal
tidal action, and shall include but is not limited to all brackish
and salt waters of streams, ponds, creeks, estuaries, bays, sounds,
inlets and the ocean, and may include certain freshwaters.
Those elevations established on contour maps of the United
States Coast and Geodetic Survey.
Includes all lands at elevations above the most landward
edge of the tidal marsh and/or above peak lunar tides or peak storm
tides of record.
All water bodies other than tidal waters, including freshwater
streams, marshes, swamps, bogs, vernal ponds, ponds and lakes.
All land surface areas which by nature of their surface and/or
subsurface soil characteristics are determined to contribute to the
replenishment of subsurface water supplies.
All land surface areas bounded peripherally by a water parting
and draining ultimately to a particular watercourse. Such lands shall
include all surface water catchment areas or drainage basins from
which the watercourses are drawn via surface drainage.
A.
Except as hereinafter provided, it shall be unlawful
for any person, without obtaining a written permit therefor, issued
upon the order of the Village Board, to:
(1)
Place or deposit, or permit to be placed or deposited,
debris, fill or any materials, including structures, into, within
or upon any tidal waters or other watercourses, coastal wetlands,
tidal marshes, floodplain lands, freshwater wetlands, watersheds,
water recharge areas or any natural drainage system.
(2)
Dig, dredge or in any other way alter or remove any
material from submerged lands, tidal waters or other watercourses,
coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands,
water recharge areas or any natural drainage system.
B.
The deposition or removal of sand, gravel or any materials
and construction of groins, docks, bulkheads, boathouses, dwellings,
accessory buildings, roads or other improvements within tidal waters
or other watercourses, coastal wetlands, tidal marshes, floodplain
lands, freshwater wetlands, watersheds, water recharge areas or natural
drainage systems shall be regulated by the provisions of this chapter.
C.
The deposition or removal of natural products of the
watercourses, coastal wetlands, tidal marshes, floodplain lands, freshwater
wetlands, watersheds, water recharge areas or any natural drainage
system by commercial or recreational fishing, shellfishing, aquaculture,
hunting or trapping operations shall be excepted from provisions of
this chapter where otherwise legally permitted and regulated.
A.
The acts set forth in § 142-4A and B are permissible if done pursuant to terms and conditions of a permit approved by the Village Board and obtained from the Village Clerk or pursuant to an approved and filed subdivision map or building permit carrying final site development approval by the Planning Board and approved by the Village Board.
B.
The following operations and uses are permitted in the watercourses, coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands, watersheds, water recharge areas or any natural drainage systems as a matter of right subject to provisions of § 142-4A and B:
(1)
Conservation of soil, vegetation, water, fish, shellfish
and wildlife.
(2)
Outdoor recreation, including play and sporting areas,
field trials, nature study, hiking, horseback riding, swimming, skin
diving, camping, boating, water skiing, trapping, hunting, fishing
and shellfishing where otherwise legally permitted and regulated.
(3)
Operation of dams and other water control devices,
including temporary alteration or diversion of water levels or circulation
for emergency, maintenance or aquaculture purposes.
(4)
Grazing, farming, nurseries, gardening and harvesting
of crops.
(5)
Boat anchorage or mooring.
(6)
Uses accessory to residential or other permitted primary
uses of adjoining lands or waters, provided that they are consistent
with the intent and objectives of this chapter.
C.
Upon the issuance of a special permit for an exception to § 142-4A or B and subject to such special conditions or safeguards as the Village Board may deem necessary to fulfill the intent and objectives of this chapter, the following uses and operations are permitted:
(1)
Docks, bulkheads, boat launching or landing sites
and marinas.
(2)
Temporary storage of materials.
(3)
Appropriate municipal uses, such as parks, recreation,
wildlife sanctuaries and accessory uses, such as concessions.
(4)
Commercial or private recreation facilities consistent
with this chapter as determined by the Village Board.
(5)
Dams and other water-control devices, dredging or
diversion of water levels or circulation or changes in watercourses
to improve hazardous navigation conditions, or for the improvement
of fish, shellfish or wildlife habitat, recreation facilities or drainage
improvements deemed to be consistent with the intent and objectives
of this chapter by the Village Board.
(6)
Driveways and roads where alternative means of access
are proven to be impractical in the considered judgment of the Village
Board.
D.
All uses and operations permitted or approved by special
permit shall be conducted in such a manner as will cause the least
possible damage and encroachment or interference with natural resources
and natural processes within the watercourses, coastal wetlands, tidal
marshes, floodplain lands, freshwater wetlands, watersheds, water
recharge areas or any natural drainage system.
E.
Provided that the Planning Board or Zoning Board of
Appeals, as the case may be, concurs, that portion of any single lot
or subdivision in a coastal floodplain, watershed, recharge lands,
tidal marsh or freshwater wetland or natural drainage system may be
used in calculating the area and yard requirements for the zoning
district in which the remainder of the lot or subdivision is situated.
F.
The valuation placed on coastal floodplain, watershed
lands, water recharge areas, tidal marshes or freshwater wetlands
or natural drainage systems for purposes of real estate taxation shall
take into account and be limited by the limitation on future use of
such land, provided that the landowner grants to the Village a permanent
scenic or conservation easement to run with the land. Such easement
shall not necessarily include public access, but shall give to the
Village all development and management rights upon the land subject
to the easement. The value of such easement shall be a legal income
tax deduction subject to Internal Revenue Code B, Statutes and Rulings,
Section 170, Charitable, etc., Contributions and Gifts.
A.
All applicants for a permit to do any of the acts permitted or prohibited by §§ 142-4 and 142-5 shall present an original and three copies of the permit application, together with other required information, to the Village Clerk. All applicants and copies thereof must be accompanied by or include the following information:
(1)
The name and address of applicant and applicant's
agent, if any, and whether the applicant is the owner, lessee, licensee,
etc. If the applicant is not the owner, the written consent of the
owner, duly acknowledged, must be attached.
(2)
The purpose of the proposed removal or deposition
operations, use or activity.
(3)
The amount of material proposed to be removed or deposited
or the type of use.
(4)
A description of the area in which removal, deposition
or use is proposed. The description shall be by bearing distance and
based upon the Lambert Projection. North and east coordinates of the
starting point shall be given.
(5)
The depth to which removal or deposition operations
are proposed and the angle of repose of all slopes, including deposited
materials and sides of channels or excavations resulting from removal
operations.
(6)
The manner in which material will be removed or deposited,
structure installed or use carried out.
B.
The permit application shall be accompanied by:
(1)
A survey and topographical map, with contours shown
at one-foot intervals, and the area of removal, deposition, use or
construction indicated.
(a)
All maps shall be certified by a registered
land surveyor or professional engineer, both licensed in the State
of New York.
(b)
The survey and topographical map shall show
the soundings, depth or height of the proposed removal and deposition
area. The horizontal control of survey shall be based upon the Lambert
Projection. The vertical control for elevation and soundings shall
be based upon United States and Geodetic Survey and/or United States
Geological Survey datum.
(2)
The names and addresses of all owners of lands contiguous
to lands and waters where proposed operations will take place.
(3)
A filing fee representing no more than five percent
(5%) of the estimated cost of the proposed operation as designated
by the Village Board.
(4)
Copies of all applications made to any other agencies and any correspondence
to or from those agencies and any approvals or denials from those
agencies.
[Added 10-24-2019 by L.L. No. 4-2019]
C.
This chapter does not obviate the necessity for the
applicant to obtain the assent of or a permit required by any other
agency before proceeding with operations under an approved Village
Board permit. Approvals or permits which may be required by the Village
Board of Trustees, State Water Resources Commission, Department of
the Army or others are solely the responsibility of the applicant.
No operations shall be initiated by the applicant until such other
permits as may be required are issued.
D.
All applications for building permits, filed subdivision maps or any development within the watercourses, coastal wetlands, tidal marshes, floodplain lands, natural drainage systems, freshwater wetlands, watersheds and water recharge areas shall be reviewed by the Village Conservation Advisory Council. The Council shall file its report with the Village Board as provided in § 142-8B below.
[Amended 10-24-2019 by L.L. No. 4-2019]
[Amended 12-23-2013 by L.L. No. 7-2013]
Permit fees for dredging, bulkheading, dockbuilding,
filling in wetlands or any permit requiring Board of Trustees' approval.
|
Application filing fee
|
$350
|
|
New docks and floats (per linear foot)
|
$5
|
|
As-built fee
|
$350
|
|
Dredging and filling (per cubic yard)
|
$5
|
|
The applicant is also responsible for all consulting and other
fees incurred by the Village.
|
A.
The Village Clerk shall retain the original permit
application for his files and distribute one copy each to the Village
Board and the Conservation Advisory Council.
B.
The Conservation Advisory Council shall review all
permit applications and provide a written report to the Village Board
within 21 days of its receipt of said application. Upon prior reasonable
public notice published in the official newspaper of the Village,
the Village Board shall hold a public hearing on the permit application.
The Village Board shall, after the required public hearing, then render
a decision to deny, approve or approve with conditions the permit
application. In rendering a decision of approval, approval with conditions
or denial of a permit, the Village Board shall state, in writing,
its findings of fact and conclusions. The decision shall be transmitted
to the Village Clerk, who will advise the applicant of such decision
by transmitting a copy of the permit application to such applicant
with the decisions and conditions, if any, imposed by the Village
Board attached.
C.
If the permit application is denied or approved, the
decision of the Village Board regarding a permit application shall
be judicially reviewable.
D.
Based upon the proceedings and decision of the court
in the event a taking is declared, the Village may, within the time
specified by the court, elect to:
(1)
Institute condemnation proceedings to acquire the
applicant's land in fee by purchase at the fair market value.
(2)
Approve the permit application with lesser restrictions
or conditions.
(3)
Invalidate all conditions and the application of this
chapter to the plaintiff's land and grant a permit without conditions.
E.
The permit applicant or his agent proceeding with
operations approved shall carry on his person or have readily available
the approved permit and shall show the same to any agency or agent
of the Village of Greenport whenever requested.
F.
Operations conducted under the permit shall be open
to inspection at any time by any agency or agent of Greenport Village.
G.
The term of a permit granted by the Board of Trustees shall not be
longer than two years and shall be no longer than the term of any
permit issued by another agency.
[Added 10-24-2019 by L.L. No. 4-2019]
B.
Prior to the issuance of an approved permit, the applicant
shall provide proof to the Village that the applicant has workmens'
compensation insurance and public liability insurance in the amount
of $1,000,000 per occurrence and $ 2,000,000, and property damage
insurance in the amount of $500,000 which insurance shall name the
Village of Greenport as additional insured while the permit is outstanding
and which insurance shall be in effect during the term of the permit.
The applicant shall provide proof of the insurance and the renewal
of the insurance in the form of a binder. The applicant shall also
provide an original policy naming the Village of Greenport as additional
insured if requested by the Village.
[Amended 10-24-2019 by L.L. No. 4-2019]
C.
The applicant shall also submit to the Village Clerk
an affidavit which indemnifies and saves harmless the Village or any
agency or agent thereof from any claims arising out of or connected
with operations under the permit and from all acts, omissions, commissions
or negligence on the part of the applicant, his agents or employees.
D.
In the case of removal, deposition or placement of
structures and other operations or uses permitted within the watercourses,
coastal wetlands, tidal marshes, floodplain lands, freshwater wetlands,
watersheds, water recharge areas or any natural drainage systems,
the Village Board shall reserve the right to require a permit or license
for that activity, use or operation, including the right to require
payments to the Village in an amount and in such manner as the Village
Board shall direct.
[Amended 10-24-2019 by L.L. No. 4-2019[2]]
[2]
Editor's Note: Former Subsection E, regarding the Village
Board's right to require permits or licenses for various operations
or uses, and which immediately followed this subsection, was repealed
10-24-2019 by L.L. No. 4-2019.
Any structures, dwellings, construction or operations
existing within the watercourses, coastal wetlands, tidal marshes,
floodplain lands, freshwater wetlands, watersheds, water recharge
areas or any natural drainage system shall be exempt from this chapter
and permitted to continue, provided that:
A.
No new construction, structures, dwellings or operations
will be permitted after the effective date of this chapter, except
by permit as provided herein.
B.
Where damage or hazardous conditions exist, the landowner
may be required by the Village Board to repair such damage or remedy
such hazardous conditions as the Village Board may direct.
A.
Any person, firm, corporation or entity found violating
any provision of this chapter or conditions imposed by the Village
Board upon an approved permit shall be served with a written notice
at the direction of the Village Board stating the nature of the violation
and providing a specified time within which the violation shall cease
and satisfactory corrective action be taken by the violator.
B.
Any person, firm, corporation or entity violating
this chapter shall be guilty of an offense and, upon conviction thereof,
shall be punishable as provided in § 71-2303 of the Environmental
Conservation Law.
[Amended 5-16-1996 by L.L. No. 3-1996]
C.
Any person, firm, corporation or entity who shall continue such violation beyond the time limit specified by the Village Board shall be guilty of another offense and shall be punishable as provided in Subsection B above.
[Amended 5-16-1996 by L.L. No. 3-1996]
D.
In the event that any person, firm, corporation or
entity shall continue any violation beyond the time limit specified
by the Village Board, the Village Board shall direct the Village Attorney
to apply to the Supreme Court in the 10th Judicial District for an
order directing that the violation be corrected or removed, and all
costs and expenses incurred by the Village of Greenport in connection
with proceedings, including the actual costs of correction or removal,
shall be assessed against the offender.
E.
Any person, firm, corporation or entity violating
the provisions of this chapter shall become liable to the Village
for any expense, loss or damage occasioned the Village by reason of
such violation.
This chapter is enacted under provisions of
the Municipal Home Rule Law, Article 2, § 10, and the Municipal
Home Rule Law, Article 3, § 20, Subdivision 4. This chapter
shall take effect immediately.
