[HISTORY: Adopted by the Town Board of the Town of Stony Point 8-11-1976.
Amendments noted where applicable.]
A.
The Town Board of the Town of Stony Point finds that
freshwater wetlands are invaluable town resources in that, if preserved in
an undisturbed natural condition, they provide flood protection, wildlife
habitats, open spaces, water resources and recreation and other benefits.
B.
It is the intent of the Town Board to protect the citizens
of the Town of Stony Point by preserving, protecting and conserving freshwater
wetlands to prevent their despoliation and destruction and to regulate the
use and development of such wetlands consistent with the general welfare and
beneficial development of the town.
This chapter shall be known and may be cited as the "Freshwater Wetlands
Ordinance of the Town of Stony Point."
The following terms shall have the meanings given herein:
Any person who files an application for any permit issued by the
Board of Review pursuant to this chapter, including the agent of a real property
owner or a contract vendee.
The Freshwater Wetlands Appeals Board established by Article 24 of
the State Environmental Conservation Law.
The town administrative agency which shall approve or disapprove
permits to be issued under this chapter. The Board of Review shall consist
of the members of the Planning Board.
[Amended 3-9-1993 by L.L.
No. 3-1993]
Lands and waters of the Town of Stony Point which meet the definition
established in § 24-0107, Subdivision 1, of the New York State Environmental
Conservation Law and which have an area less than 12.4 acres.
[Amended 3-9-1993 by L.L.
No. 3-1993]
Any corporation, firm, partnership, association, trust, estate, individual
or any unit of government or agency or subdivision thereof.
The presence in the environment of man-induced conditions or contaminants
in quantities or characteristics which are or may be injurious to property
or to plant or animal life.
Any action resulting in direct or indirect physical impact on a freshwater
wetland, including but not limited to any regulated activity.
This term includes:
Any form of draining, dredging, excavation, removal of soil, mud, sand,
shells, gravel or other aggregate, either directly or indirectly, from any
freshwater wetland.
Any form of dumping, filling or depositing of any soil, mud, sand, gravel,
rubbish or fill of any kind, either directly or indirectly, into a freshwater
wetland.
Erecting any structures or roads, the driving of pilings or placing
of any other obstructions in a freshwater wetland, whether or not changing
the ebb and flow of the water.
Any form of pollution of a freshwater wetland, 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 into a freshwater wetland.
Any other activity which substantially impairs any of the several functions
and benefits of freshwater wetlands as set forth in § 24-0105 of
the New York State Environmental Conservation Law.
The periodic removal of trees, individually or in small groups, 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.
A.
Except as provided in Subsection B of this section, no person shall conduct a regulated activity unless such person has first obtained a permit pursuant to this chapter.
B.
No permit under this chapter shall be required for:
(1)
The depositing or removal of the natural products of
freshwater wetlands by recreational or commercial fishing, shellfishing, aquaculture
or hunting or trapping where otherwise legally permitted.
(2)
The activities of farmers and other landowners in grazing and watering livestock, making reasonable use of water resources, harvesting natural products of the wetlands, selective cutting of timber, draining land or wetlands for growing agricultural products and otherwise engaging in the use of the wetlands or other land for growing agricultural products. This Subsection B(2) shall not exclude structures not required for enhancement or maintenance of the agricultural productivity of the land or any filling activities. Such farmer or landowner conducting an activity excluded by this Subsection B(2) shall notify the Board of Review, in writing, prior to conducting the activity, of his intention to engage in the same, stating the approximate acreage of freshwater wetland affected, the location thereof, the methods to be employed and the uses to be made of such land. A soil and water conservation plan prepared by a Soil and Water Conservation District and filed with the Board of Review shall be deemed sufficient notification for the purposes of this subsection.
(3)
Public health activities, orders and regulations of the
State or County Department of Health.
(4)
Activities subject to the review jurisdiction of the
State Public Service Commission or the New York State Board on Electric Generation
Siting and the Environment under Article VII or Article VIII of the State
Public Service Law, respectively. The standards and restrictions of this chapter
will be applied by said bodies in determining whether to issue a certificate
of environmental compatibility and public need under such articles.
(5)
Any actual and ongoing emergency activity which is immediately
necessary for the protection and preservation of life or property or the protection
or preservation of natural resource values. Such emergency activities include,
for example, search and rescue operations, preventive or remedial activities
related to large-scale contamination of streams or other bodies of water,
floods, hurricanes and other storms and public health concerns. Within five
days of the end of such an emergency involving the undertaking of any activity
which otherwise would be treated as a regulated activity under this chapter,
the person chiefly responsible for undertaking such emergency activity shall
send a written statement to the Board of Review, setting forth the pertinent
facts regarding such emergency, including an explanation of the life, property
or resource values such activity was designed to protect or preserve.
(6)
Any activity located in a freshwater wetland where such
wetland is located in more than one town.
(7)
Any wetland which is less than one acre in size.
[Added 3-9-1993 by L.L. No.
3-1993]
A.
Any person proposing to conduct or cause to be conducted a regulated activity not exempt under § 116-4B hereof shall file an application for a permit with the Town Clerk, in quadruplicate. The Clerk shall retain one copy and immediately forward the other three to the members of the Board of Review.
B.
Such application shall include the following information:
(1)
A detailed description of the regulated activity.
(2)
The purpose of the activity.
(3)
A map showing the boundary of the freshwater wetlands,
the location of flags for the purposes of identifying the freshwater wetlands
boundary for the purpose of a site inspection and the location of the proposed
regulated activity.
[Amended 3-9-1993 by L.L.
No. 3-1993]
(4)
The owners of record of lands covered, in whole or in
part, by the affected freshwater wetland or adjoining the same and the names
of known claimants of water rights from such freshwater wetland.
C.
An application shall not be deemed to be completed until
the Board of Review receives all such information and any additional information
reasonably requested of the applicant in a reasonably complete and reasonably
satisfactory form.
D.
No sooner than 30 days and not later than 60 days after its receipt of a completed application for a permit regarding a proposed regulated activity and after the publication of a notice of hearing pursuant to Subsection E of this section, the Board of Review shall hold a public hearing on such application at a suitable location in the town.
E.
Notice of hearing.
(1)
The Board of Review, within 21 days of receipt of a completed
application, shall provide the applicant with a notice of hearing which the
applicant shall publish at his or her own expense, at least 15 days prior
to the date set for the hearing, at least once in each of at least two newspapers
of general circulation in the Town of Stony Point.
(2)
At least 15 days prior to the date set for the hearing,
the applicant shall, by certified mail, provide notice of hearing to all owners
of record of land covered by or adjoining the affected freshwater wetland
and to all known claimants of water rights from said freshwater wetland.
(3)
The notice of hearing shall:
(a)
State the name of the applicant.
(b)
Specify the location and outline the scope of the proposed
regulated activity.
(c)
Specify the date, time and place of the public hearing
on the application.
(d)
Specify that persons wishing to be parties in interest
and eligible to be heard at such public hearing, if any, should file a notice
of appearance with the Town Engineer by a specified date, together with a
statement of the precise grounds of support of, opposition to or interest
in the application.
(e)
Specify that any person who wishes to be a party in interest
without filing a notice of appearance may do so by appearing at the public
hearing and indicating his or her desire to be a party in interest if a public
hearing is held.
(f)
Specify that if no notices of appearance are timely filed
by any party in interest and if the applicant waives any public hearing, then
the public hearing may be canceled by the Board of Review.
(g)
Specify that the application, including all documents
and maps therewith, is available for public inspection at the office of the
Town Clerk.
F.
The Board of Review shall make the application, including
all documents and maps associated with it, available for public inspection
at the office of the Town Clerk.
G.
If no timely notice of appearance has been filed as provided in the notice of hearing published pursuant to Subsection E of this section and the applicant waives, in writing, any public hearing on his or her application, the Board of Review may dispense with a public hearing and in such instance shall provide public notice of the cancellation of the hearing.
H.
For any notice canceling a hearing which has been scheduled, notice shall be given on the same basis as the notice of public hearing provided in Subsection E of this section.
I.
The Board of Review may establish reasonable application
fees to assist in its implementation of this chapter.
J.
The Board of Review may retain, as necessary, a person,
firm or agency qualified in the identification and evaluation of freshwater
wetlands to assist in the review of wetlands permit applications.
[Added 3-9-1993 by L.L. No.
3-1993]
A.
Any person may appear as a party in interest at a public
hearing, notwithstanding the failure of such person to file a timely notice
of appearance, by appearing at the hearing and making known his desire to
be a party in interest.
B.
All parties in interest shall be afforded an opportunity
to present oral and written arguments on issues of law and policy and an opportunity
to call witnesses in their behalf and to present oral and written evidence
on issues of fact. The Board of Review may permit the parties in interest
to cross-examine witnesses.
A.
Where a public hearing has been held regarding a permit
application, the Board of Review shall either issue the permit requested,
with or without conditions, or deny the application. The decision by the Board
of Review to issue or deny a permit after public hearing shall be made, in
writing, within 30 days after said hearing is held. If no decision is rendered,
the application shall be deemed approved.
B.
Where no public hearing regarding a permit application has been held, because no notice of appearance was filed with regard to the public hearing and a hearing was canceled pursuant to § 116-5G of this chapter, the Board of Review shall compile an official file consisting of documents submitted by the applicant and any additional documents relied on by the Board of Review with respect to the application. The Board of Review may also take notice of general, technical or scientific facts within the specialized knowledge of the Board of Review. Any document made part of such official file shall be available for inspection by the applicant and any interested member of the public. On the basis of such file, the Board of Review shall either issue the permit requested, with or without conditions, deny the application or order a public hearing to be held pursuant to the provisions of this chapter. The decision by the Board of Review to issue or deny a permit or to order that a hearing be held shall be based on the official file and shall be made, in writing, within 30 days of its completion of the official file and, in any event, within 60 days of its receipt of a completed application. If no decision is rendered within such time period, the application shall be deemed approved. Where there have been no objections filed regarding a proposed project, the issuance of a permit shall be deemed to be a written decision by the Board of Review.
C.
A copy of the decision of the Board of Review on each
application for a permit under this chapter shall be mailed by the Board of
Review as soon as practicable following such decision to the applicant and,
if a public hearing has been held regarding the application, to each party
in interest.
A.
In granting, denying or conditioning any permit, the Board of Review shall consider the effect of the proposed activity with reference to the public health and welfare, fishing and flood, hurricane and storm dangers and protection or enhancement of the several functions of the freshwater wetlands and the benefits derived therefrom which are set forth in § 116-3 of this chapter. The applicant shall have the burden of demonstrating that the proposed regulated activity will be in accord with the standards set forth in this subsection.
B.
Duly filed written notice by the state or any agency
or subdivision thereof to the Board of Review that the state or any such agency
or subdivision is in the process of acquiring the affected freshwater wetland
on which a proposed regulated activity would be located by negotiation or
condemnation shall be sufficient basis for denial of a permit for such regulated
activity. Such notice may be provided at any time prior to the Board of Review's
decision to issue or deny a permit for the regulated activity.
A.
Any permit issued pursuant to this chapter may be issued
with conditions. Such conditions may be attached as are necessary to assure
the preservation and protection of affected freshwater wetlands and to assure
compliance with the policy and provisions of this chapter and the provisions
of the Board of Review's rules and regulations adopted pursuant to this chapter.
B.
The Board of Review shall set forth, in writing, in the
file it keeps regarding a permit application its findings and reasons for
all conditions attached to any permit.
A.
To the greatest extent practicable, any public hearing held pursuant to § 116-6 of this chapter shall be incorporated with any public hearing required by or pursuant to the New York State Town Law, Village Law, General City Law, General Municipal Law or Environmental Conservation Law relating to approvals or permits otherwise required for the undertaking of regulated activities on the freshwater wetland or adjacent area in question.
B.
No permit granted pursuant to this chapter shall remove
any person's obligation to comply in all respects with the applicable provisions
of any other federal, state or local law or regulation, including but not
limited to the acquisition of any other required permit or approval.
A.
The Board of Review may require that, prior to commencement
of work under any permit issued pursuant to this chapter, the permittee shall
post a bond with the Board of Review, in any amount determined by the Board
of Review, conditioned upon the faithful compliance with the terms of such
permit and for the indemnification of the town for restoration costs resulting
from failure to so comply. Such bond shall be issued by a corporate surety
authorized to do business in the state and shall be in favor of the town.
It shall remain in effect until the Board of Review certifies that the work
has been completed in compliance with the terms of the permit or the bond
is released by the Board of Review or a substitute bond is provided.
B.
The Board of Review shall set forth, in writing, in the
file it keeps regarding a permit application its findings and reasons for
imposing a bond pursuant to this section.
A.
The Board of Review may suspend or revoke a permit issued
pursuant to this chapter where it finds that the permittee has not complied
with any or all terms of such permit, has exceeded the authority granted in
the permit or has failed to undertake the project in the manner set forth
in the application.
B.
The Board of Review shall set forth, in writing, in the
file it keeps regarding a permit application its findings and reasons for
revoking or suspending a permit pursuant to this section.
Violation, penalties and enforcement of this chapter shall be as specified
by Title 23 of Article 71 of the New York State Environmental Conservation
Law.
Any freshwater wetland as defined herein shall be deemed subject to
a limitation on the use of such wetlands for the purposes of property tax
evaluations in the same manner as if an easement or the like had been acquired
pursuant to the General Municipal Law. Assessed value shall be based, during
the duration of such agreement or restriction, on the uses remaining to the
owner thereof.
A.
Any party to any proceeding before the Board of Review
may make an appeal to the Board in accordance with Title 11 of Article 24
of the State Environmental Conservation Law from any order or decision of
the Board of Review, or any officer or employee thereof, issued or made pursuant
to or within the scope of this chapter, provided that such appeal is commenced
by the filing with the Board of a notice of appeal within 30 days after service
of such order or after notice of such decision given, as the case may be.
B.
Any decision or order of the Board of Review, or any
officer or employee thereof, made pursuant to or within the scope of this
chapter may be reviewed at the instance of any person, including but not limited
to any owner of the affected wetland or adjacent area and any resident or
citizen of the town, in accordance with Article 78 of the State Civil Practice
Law and Rules, provided that such review is commenced within 30 days of the
filing of such decision or order.
This chapter shall take effect upon the filing with the Clerk of the
town of the final Freshwater Wetlands Map by the State Department of Environmental
Conservation pursuant to § 24-0301 of the New York State Environmental
Conservation Law applicable to any or all lands within the town.
[Added 3-9-1993 by L.L. No.
3-1993]
This chapter is accompanied by a map entitled "Freshwater Wetlands Map
of the Town of Stony Point, dated March 9, 1993," which map is hereby made
a part of this chapter.[1] Said map identifies the location of wetlands, provided that if
there is a conflict as to the precise location of wetlands, the precise location
thereof shall be determined by reference to the definitions contained in this
chapter. Said Freshwater Wetlands Map may be amended from time to time by
the Planning Board for any of the following reasons:
A.
To correct or clarify the location of wetlands.
B.
To eliminate from the jurisdiction of this chapter particular
wetlands deemed to be insignificant for the purpose of this chapter.
C.
To incorporate supplementary maps that correct, clarify
or affirm in detail the location of any wetlands.
[1]
Editor's Note: Said map is on file in the town offices.
