Village of Southampton, NY Article IIIA Wetlands

[Added 10-13-1989 by L.L. No. 12-1989; amended 3-9-1990 by L.L. No. 4-1990; 7-24-1990 by L.L. No. 10-1990[1]]

[1] Editor's Note: Section 5 of this local law provided as follows: "This local law shall be effective upon the filing hereof with the Secretary of the State of the State of New York, with regard to areas not now regulated by the State of New York under Article 24 of the Environmental Conservation Law. With regard to areas now regulated by the State of New York under Article 24 of the Environmental Conservation Law, this local law shall become effective when this local law and the Village's technical and administrative capability have been certified by the Department of Environmental Conservation and upon filing of the Official Freshwater Wetland Map for Suffolk County by the Commissioner of the New York State Department of Environmental Conservation; and authority has been so delegated by order of the Commissioner."

§ 116-19.1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

APPLICANT

A person who files an application for a permit under this chapter who is either the owner of the land on which the proposed regulated activity would be located, a contract vendee, a lessee of the land or the authorized agent of any such person.

APPROVING AUTHORITY

The Zoning Board of Appeals of the Village of Southampton or the Town Trustees as specified in § 116-19.3D herein.

AQUACULTURE

Cultivating and harvesting products, including fish and vegetation, that are produced naturally in wetlands and installing cribs, racks and other in-water structures for cultivating these products, but does not include filling, dredging, peat mining or the construction of any buildings or any water regulating structures, such as dams.

BOUNDARIES OF WETLANDS

The outer limit of the vegetation specified in Subsections A and B of the definition of "wetlands" below and of lands and water specified in Subsection C of such definition.

DEPOSIT

To fill, place, eject, discharge or dump any material.

FILLING

Depositing any soil, stones, sand, gravel, mud, rubbish or fill of any kind.

MATERIAL

Soil, stones, sand, gravel, clay, peat, mud, debris and refuse or any other organic or inorganic substance, whether liquid, solid or gaseous, or any combination thereof.

OFFICIAL NEWSPAPER

The newspaper so designated by the Board of Trustees.

PERMIT

The written approval, issued by the approving authority, where required for conducting a regulated activity in a wetland area.

PERSON

Any person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.

POLLUTION

The presence in the environment of man-made or man-induced conditions or contaminants in quantities or characteristics which are or may be injurious to human, plant or wildlife or other animal life or to property.

REGULATED ACTIVITY

Any form of draining, dredging, excavation or mining, either directly or indirectly; any form of dumping or filling, either directly or indirectly, erecting any building or structures, constructing roads, driving pilings or placing any obstructions, whether or not changing the ebb and flow of the water; any form of pollution, including but not limited to installing a septic tank, running sewer outfall, discharging sewage treatment effluent or other liquefied wastes, including drainage from swimming pools, into or so as to drain into a wetland; or any other activity which substantially impairs any of the several functions or benefits of wetlands. These activities are subject to regulation, whether or not they occur upon the wetland itself, if they impinge upon or otherwise substantially affect the wetland and are located within the regulated area. Activities exempted under this definition:

A. The depositing or removal of the natural products of wetlands by recreational or commercial fishing, shellfishing, aquaculture, hunting or trapping are not regulated under this Article.

B. Agricultural activities excluded from regulation under § 24-0701.4 of Article 24.[1]

C. Public health activities, orders and regulations of the New York State Department of Health are not regulated under this chapter, provided that copies of all such orders or regulations affecting wetlands are filed with the approving authority in advance.

D. Nothing herein contained shall be deemed to affect the taking of wetland products regulated by the Trustees of the Freeholders and Commonalty of the Town of Southampton.

REGULATED AREA

The area within 150 feet of the boundary of a wetland for any structure or building, or the area within 200 feet of the boundary of a wetland for any septic or discharge system, or the area within 125 feet of a boundary of wetland for any clearing of land, landscaping and use of fertilizers. "Regulated area" may also be extended by the Village Board in accordance with Section 665.2(b) of Title 6 of NYCRR.

SETBACKS

Except for coastal erosion structures (sea walls, revetments, bulkheads, gabions,) and docks, the nominal standard of 150 feet for setting back structures and buildings from the landward edge of any wetland and 200 feet for setting back any septic or discharge system from the landward edge of any wetland and 125 feet for setting back any clearing of land, landscaping and fertilizing from the landward edge of any wetland.

STATE MAPS

The Official Freshwater Wetlands Map promulgated and amended by the Commissioner of the New York State Department of Conservation pursuant to § 24-0301.5 of the Freshwater Wetlands Act.

TOWN TRUSTEES

The Trustees of the Freeholders and Commonalty of the Town of Southampton.

VILLAGE BOARD

The Village Board of Trustees of the Incorporated Village of Southampton.

VILLAGE MAP

The Wetlands Overlay District Map.

WATERCOURSE

A natural or man-made channel through which water flows continuously, seasonally or periodically and which contains or connects to wetlands as herein defined.

WETLANDS

All lands and waters of the Village of Southampton which contain any or all of the following;

A. Lands and submerged lands, commonly called "marshes," "swamps," "sloughs," "bogs" and "flats," supporting aquatic or semiaquatic vegetation of the following types:

(1) Wetlands 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 species), tupelo (Nyssa syivatica), swamp white oak (Quercus bicolor) grey birch (Betula populifolia) and shadbush (Amelanchier canadensis).

(2) Wetlands 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 species), buttonbush (Cephalanthus occidentalis), leatherleaf (chamaedaphne calyculata), sweet pepperbush (Clethra alnifolia), swamp azalea (Rhodo dendron viscosum), spicebush (Lindera benzoin), bog laurel (kalmia polifolia), highbush blueberry (Vaccinium corymbosum) and winterberry holly (Ilex verticillata).

(3) Emergent vegetation, including, among others, cattails (Typha species), pickerelweed (Ponterderia cordata), bulrushes (Scirpus species), rushes (Juncus species), arrowheads (Sagittaria species), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decondon verticillatus), swamp rose mallow (Hisbiscus palustris), smartweeds (Polygonum species), water plantain (Alisma plantago) and manna grasses (Glyceria species).

(4) Rooted, floating-leaved vegetation, including, among others, water lily (Nymphaea ordorata), starwort (Callitriche species), pondweeds (Potamoqeton species), spatterdock (Nuphar species) and watercress (Nasturtium officinale).

(5) Free-floating vegetation, including, among others, duckweed (Lemna species), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia species).

(6) 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, blue and yellow flag (Iris species) ferns (Osmunda species, Theylpteris palustris and Woodwardeia species), bulrushes (Scirpus species), sedges (Carex species), rushes (Juncus species), cattails (Typha species), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), sensitive fern (Opoclea sensibilis), skunk cabbage (Symplocarpus foetidus), swamp loosestrife (Decondon verticillatus), spike rush (Eleocharis species), break rush (Rhynchospora species), umbrella sedges (Cyperus species) and manna grasses (Glyceria species).

(7) Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum species), sundews (Drosera species), leatherleaf (Chamaedaphne calyculata), bladderworts (Utricularia species), cranberries (Vaccinium macrocarpon and Vaccinium oxycoccos), piewort (Eriocaulon species) and water pennyworts (Hydrocotyle species).

(8) Brackish marsh vegetation, containing elements of subsection A(1) through (6) above, including, among others, common reeds, cattails, bulrushes, sedge, rushes and ferns, as well as switch grass (Panicum virgatum), cordgrasses (Spartina species), spike grass (Distichlis spicata), black grass (Juncus gerardii), glassworts (Salicornia species), sea lavender (Limonium nashii), marsh elder (Iva frutescens) and groundsel bush (Baccharis halimifolia).

(9) Submergent vegetation, including, among others, pondweeds (Potamogeton species), naiads (Naias species), bladderworts (Utricularia species), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum species), muskgrass (Chara species), stonewort (Nitella species), waterweeds (Elodea species) and water smartweed (Polygonum amphibium).

B. 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 feet, and provided further that such conditions can be expected to persist indefinitely, barring human intervention.

C. Lands and water substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection A of this definition or by dead vegetation as set forth in Subsection B of this definition, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.

D. The waters overlying the areas set forth in Subsections A and B and the lands underlying Subsection C of this definition.

E. Hydric soils, those that are:

(1) Saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation;

(2) Flooded frequently (more than 50 times in 100 years for more than seven consecutive days on each occurrence during the growing season);

(3) Poorly drained (having the water table one foot or less from the existing natural grade for at least seven consecutive days during a growing season); or

(4) Soils found in the Village of Southampton and presumed to be hydric soils which are shown on Sheet Numbers 49, 62 and 73 in the United States Department of Agriculture, Soil Conservation Service, Soil Survey of Suffolk County, 1975, and are known as:

(a) Berryland mucky sand.

(b) Reynham loam.

(c) Walpole sandy loam.

(d) Wareham loamy sand.

F. Hydrophytic vegetation as defined by the United States Department of the Interior, Fish and Wildlife Service, in Classification of Wetlands and Deepwater Habitat of the United States, December 1979, and more specifically contained in Wetland Plants of the State of New York, 1986, United States Department of the Interior, Fish and Wildlife Service.

[1] Editor's Note: See Article 24 of Environmental Conservation Law.

§ 116-19.2 General regulations.

[Amended 12-14-1990 by L.L. No. 13-1990]

Without first having a obtained a wetlands (natural resource) special permit from the Village Zoning Board of Appeals and complying with Chapters 49, 54, 97 and 116 of the Village Code, no person shall commence a regulated activity within a wetland or a regulated area or:

A. Fill in, place or deposit or permit to be placed or deposited, debris, fill, sand, gravel or any material, including structures, into or upon, or within 150 feet of any boundary of any wetland, watercourse or tidal water.

B. Clear, dig, dredge or in any other way add to, alter or remove any material within 150 feet of any boundary of any wetland, watercourse or tidal water.

C. Erect, construct, reconstruct, enlarge or alter any structure, including but not limited to any groin, bulkhead, dock, boathouse, residence, swimming pool or other accessory structure, road or other improvement whatsoever in, on or under or within 150 feet of any boundary of any wetland, watercourse or tidal water.

D. Build, create or install any new cesspool, septic tank leaching field, dry well or other in-ground sewage or other waste disposal or storage system, including any pipe, conduit or other part thereof or any aboveground or in-ground holding tank for any liquid other than water and thereafter maintain, operate or make use of the same in, upon or under or within 200 feet of any boundary of any wetland, watercourse or tidal water.

E. Clear, grade, landscape, fertilize by any method or physically disturb existing and/or indigenous vegetation within 125 feet of a boundary of a wetland.

F. Construct, create, eliminate, enlarge or diminish in size any wetland, watercourse, pond or lake, whether man-made or natural, by filling, dredging, damming or any other method whatsoever. This subsection shall also be deemed to apply to artificially lined ponds which are greater than 1,000 square feet in size or which, regardless of size, are situate in the groundwater table.

§ 116-19.3 Permit applications; approving authority.

A. Any person proposing to conduct or cause to be conducted a regulated activity specified herein upon any wetland or within a regulated area shall file an application on a form prescribed by the Zoning Board of Appeals for a permit as hereinafter provided. Such application shall include the following:

(1) The name and address of the applicant and the applicant's agent, if any, and whether the applicant is owner, lessee or contract vendee. If the applicant is not the owner, the written consent of the owner must be attached.

(2) The street address and Suffolk County Tax Map designation of the subject property.

(3) A detailed report of the specific purpose, nature and scope of the activity proposed. Included shall be a report on the nature, extent and type of wetlands involved and a completed long environmental assessment form Part I.

(4) The applicant shall cause a survey, at a minimum scale of one inch equals 40 feet, to be prepared by a civil engineer or surveyor registered in New York State. The survey shall include those of the elements listed herein which are appropriate to the proposed activity. This information, in total, shall constitute the survey:

(a) Legal data:

[1] The name and address of the owner of record.

[2] The name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature.

[3] The key map at one inch equals 1,000 feet.

[4] The date, North arrow and written and graphic scale.

[5] Property description shall be prepared by a licensed surveyor or civil engineer. The survey may reference a land surveyor's map or base reference map. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.

[6] The true and full extent of the proposed regulated activity and site characteristics within 200 feet of the proposed activity. The area contained within this radius shall be termed the "locus of activity."

[7] All wetlands within 200 feet of the proposed activity, to correspond with numbered flagged wetlands boundaries on the site within the locus of activity.

[8] The locations, names and existing width of adjacent streets and curblines within the locus of activity.

[9] The location and owners of all adjoining lands within the locus of activity as shown on the latest tax records.

[10] The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the locus of activity.

[11] A complete outline of existing easement, deed restrictions or covenants applying to the locus of activity.

[12] Existing zoning within the locus of activity.

(b) Natural features within the locus of activity.

[1] The existing contours with intervals of two feet or less referred to a datum satisfactory to the approving authority. In addition, spot elevations will be required where contour elevations are less than two feet on the site.

[2] The boundaries of any flood zones within the five-hundred-year flood boundary of the latest Flood Insurance Rate Map as established by the Federal Emergency Management Agency or other area subject to flooding or stormwater overflows.

[3] The boundaries of the Village coastal erosion hazard area on the site.

[4] The location of existing natural features, such as water bodies, drainagecourses, wetlands, marshes, dunes, bluffs, beaches, escarpments, woodlands, flood hazard areas, surface waters, groundwater within 10 feet of the existing grade, agricultural soils and the habitat of any rare, threatened or endangered species.

(c) Man-made features within the locus of activity.

[1] In addition to the principal and accessory structures, all other structures and facilities associated with the proposed structures should be outlined on the survey (i.e., parking area, landscaped area and any planned driveways or walkways).

[2] The total area to be disturbed during construction and the type of vegetation that will be removed either by excavation or by fill shall be shown.

[3] Type, depth and associated activities for pilings construction (i.e., equipment to be used for pile driving, temporary roads needed for pile driving and construction equipment and sediment control measures).

[4] The route of water and utility hookup from the main lines to the proposed structures, including the width and depth of the trench and the type of equipment to be used.

[5] A detailed description, based on a minimum of two borings, of the soil strata. A minimum of one boring shall be in the proposed location(s) of septic systems, dry wells or similar recharge/drainage systems.

[6] Level of groundwater at the location of the proposed septic system and drywells.

[7] Plans for reclamation of land disturbed during the construction of the principal and accessory structures and underground structures (i.e., pipeline and septic system).

[8] Projected water utilization and quantities of sewage disposal during months of occupancy.

[9] Field flagging or staking of any of the above activities as required by the approving authority.

(5) Any additional topographical and perimeter surveys, hydrological computations, engineering studies and other factual or scientific data and reports as deemed necessary by the approving authority to permit it to arrive at a proper determination.

(6) In the case of applications affecting water retention capability, water flow or other drainage characteristic of any wetland, the approving authority may require the inclusion of a statement of the area upstream and downstream watershed, impact analysis and information as to rainfall intensity in the vicinity for not less than a ten-year return frequency, together with approximate runoff coefficients to determine the capacity and size of any channel sections, pipes or waterway openings, together with plans for necessary bridges, culverts, stormwater or pipe drains that, in the opinion of the approving authority, are needed to arrive at a proper determination on the application, consistent with the purposes of this chapter.

(7) The fee prescribed in § 116-19.6 herein.

B. One copy of any such application shall be filed with the Village Clerk of the Village of Southampton and seven copies with the approving authority.

C. The applicant shall publish a notice of such application in the official newspaper and one other newspaper having a general circulation in the Village and provide proof of notification to the approving authority.

D. The approving authority with respect to all applications shall be the Zoning Board of Appeals, except that the Town Trustees shall be the approving authority with respect to any wetlands or regulated area already under their jurisdiction upon the effective date of this chapter. In such latter case, the Zoning Board shall be deemed to be an involved agency pursuant to the State Environmental Quality Review Act[1] for regulated activities not under Town Trustee jurisdiction.

[1] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

E. No application shall be considered complete until the approving authority has made a negative declaration pursuant to the State Environmental Quality Review Act or where a positive declaration has been made, until the approving authority accepts a draft environmental impact statement as complete for review.

F. The Zoning Board or Town Trustees, in accordance with Subsection D above, shall refer any complete application submitted to it as the approving authority, pursuant to this chapter, to the Building Inspector for review and report. The Building Inspector shall report back to the Zoning Board or Town Trustees, as the case may be, within 30 days of the date of referral or within such other periods as may be specified by the Zoning Board, or Town Trustees at the time of referral. The referral period may be extended by the Building Inspector, in writing, for a good cause not to exceed an additional 30 days.

G. The approving authority, no sooner than 30 days and not later than 60 days after the receipt of a complete application and publication of notice of application as required herein, shall hold a public hearing. The approving authority shall fix a time and place for a public hearing thereon and shall provide for the giving of notice at least 15 days prior to the date thereof, as follows:

(1) By publishing a notice in the official newspaper of the Village and one other newspaper having a general circulation in the Village.

(2) By requiring the applicant to erect a white-with-black-lettering sign or signs measuring not less than two feet long and one foot wide, which shall be prominently displayed on the premises facing each public street on which the property abuts, giving notice that an application for a permit is pending and the date, time and place where the public hearing will be held. The sign shall not be set back more than 10 feet from the property or street line and shall be not less than two nor more than six feet above the grade at the property line. The sign shall be made of durable material and shall be furnished by the Municipal Clerk. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing date or any adjournment date. The applicant shall file an affidavit that he has complied with the provisions of this subsection.

(3) The applicant shall submit evidence that he has notified by certified mail, return receipt requested, all property owners, as shown on the latest municipal tax roll, within 200 feet of all boundaries of the regulated area.

(4) If the land involved in an application is within 500 feet of the boundary of any other municipality or if the affected wetland or its adjacent area lies within two municipalities, notice of the public hearing shall also be mailed to the Municipal Clerk of such other municipality.

(5) Notice of the public hearing and a description of the applicant's proposal shall be transmitted to the Suffolk County Planning Commission in any case where the land involved in an application is within 500 feet of:

(a) The boundary of any other municipality, the Atlantic Ocean or any bay or estuary thereof.

(b) Any state or county park or other recreation area.

(c) The right-of-way of any federal, state or county parkway, throughway, expressway or other controlled- or full-access highway.

(d) The right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.

(e) The boundary of any state- or county-owned land on which a public building or institution is situated.

(6) No action shall be taken on applications referred to the Suffolk County Planning Commission until the Commission's recommendation has been received or 45 days have elapsed after the Commission received the full statement on the applicant's proposal.

(7) All applications and maps and documents relating thereto shall be open for public inspection at the office of the Clerk of the Village of Southampton. At such hearing, any persons filing a request for a hearing or timely notice of appearance may appear and be heard. The hearing of said application may be incorporated with any other hearing required to be held by the approving authority.

H. Within 45 days of the date of any public hearing on said application, the approving authority shall render a decision to approve, approve with modifications or disapprove the issuance of a permit for the proposed activity. The time periods provided for in this section may be extended for good cause where it is necessary to permit full compliance with the State Environmental Quality Review Act.

§ 116-19.4 Standards for issuance of permits.

A. The Village map is not intended to represent field-verified or site-specific wetland limit lines but rather to indicate the area of jurisdiction. If an activity falls within the boundaries of the maps, there shall be presumption that a wetland permit will be needed. However, upon submission of a site survey depicting the upper limit of wetlands vegetation, only then will it be possible to determine jurisdiction. Likewise, if an activity falls outside the jurisdiction of the Village map, including minimum setback distances, a permit is presumed not to be needed. If a required determination of jurisdiction is needed, the Building Inspector may require information to be submitted for such determination and may field-verify such information.

B. The applicant shall have the burden of demonstrating, in a clear and convincing manner, that the proposed activity will be in accord with the policies and provisions of this chapter.

C. In granting, denying or limiting a permit for property on the state map, the standards for permit issuance contained in 6 NYCRR 665.7 for freshwater wetlands or 661.10 for tidal wetlands, as applicable, in conjunction with the classification of the subject wetland as indicated by the state map filed by the Department, must be applied as a minimum. In applying these standards, the effects of the proposed activity must be considered regardless of political boundaries.

D. In granting, denying or limiting a permit, the approving authority shall also consider the effect of the proposed activity with reference to the public health, safety and welfare, fish and wildlife, flood, hurricane, storm dangers and the protection or enhancement of the several functions of the wetlands and the benefits derived therefrom as set forth in this chapter, irrespective of political boundaries. No permit shall be granted which would have a substantial adverse impact on the public health, safety and welfare or the protection or enhancement of the several functions of wetlands and the benefits derived from them as set forth in this chapter, regardless of political boundaries.

[Amended 12-14-1990 by L.L. No. 13-1990]

E. In addition to the other standards enumerated herein, the approving authority shall seek to achieve the maximum feasible setback from the wetlands for buildings, structures, septic systems, pools and dry wells, roads, driveways and fertilized vegetation which would ensure wetlands protection and meet all other standards of this chapter. The Zoning Board of Appeals may vary other dimensional regulations to achieve maximum wetlands setbacks. Where the approving authority is the Town Trustees, it may approve the permit application upon condition of obtaining a variance from the Zoning Board of Appeals, in order to achieve maximum wetland setbacks.

F. The Zoning Board of Appeals or Town Trustees may grant a permit, subject to such terms and conditions as it shall deem reasonable, where it is the approving authority, upon finding that such activity is not contrary to the purpose of this chapter.

G. Notwithstanding any other provision herein, a duly filed notice, in writing, that the state or any agency or political subdivision of the state is in the process of acquiring any wetland by negotiation or condemnation authorizes but does not require denial of any permit, but only if both the affected landowner and the local government have been so notified.

(1) The written notice must include an indication that the acquisition process has commenced, such as that an appraisal of the property has been prepared or is in the process of being prepared.

(2) If the landowner receives no offer for the property within one year of the permit denial, this bar to the permit lapses. If its negotiations with the applicant are broken off, the state or any agency or political subdivision must, within six months of the end of negotiation, either issue its findings and determination to acquire the property pursuant to § 204 of the Eminent Domain Procedure Law or issue a determination to acquire the property without public hearing pursuant to § 206 of the Eminent Domain Procedure Law or this bar to the permit lapses.

H. In granting a permit, the approving authority may limit the same or impose conditions or limitations designed to carry out the public policy set forth in this chapter. The approving authority may require a bond in an amount and with surety and conditions satisfactory to it securing to the Village of Southampton, as the case may be, compliance with the conditions and limitations set forth in the permit. The approving authority may suspend the permit if the applicant fails to comply with the terms and conditions set forth in the application.

I. The approving authority shall state upon the record findings and reasons for all actions taken pursuant to this section. A record shall be established of all permits granted pursuant to action of the approving authority under this chapter. Each case shall be identified by a sequential numbering system and alphabetically by the applicant's name. Said files shall be available for public inspection at the Municipal Clerk's office.

J. The approving authority shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The approving authority shall keep records of its examination and official actions, all of which shall be filed in the Municipal clerk's office and shall be a public record.

K. Permits authorized by approving authority's actions shall be obtained within 90 days and shall automatically expire if construction under the permit is not started within 90 days of issuance and completed within one year. Extensions of these periods may be granted by the approving authority without a further public hearing where good cause is shown.

§ 116-19.5 Appeals.

A. Review of the determination of the approving authority shall be pursuant to the provisions of Title 11 of Article 24 of the Environmental Conservation Law of the State of New York or pursuant to the provisions of Article 78 of the Civil Practice Law and Rules.

B. Any owner of the wetland affected or any resident or citizen of the Village of Southampton shall be deemed to have the requisite standing to seek review.

§ 116-19.6 Fees.

[Amended 1-9-1998 by L.L. No. 1-1998]

A. The application fee for a wetlands special permit application shall be $750 or such other amount as the Village Board of Trustees may hereafter fix and establish from time to time by resolution.

[Amended 11-9-2006; 6-23-2009]

B. The applicant shall also bear the cost to the approving authority of professional review, when such expertise is required by the approving authority. In such cases where expert opinion is determined to be needed, the applicant shall be notified and a review fee paid to the approving authority before it may render a decision with respect to the completeness of the application. The review fee shall not exceed the limits imposed by Chapter 54, Environmental Quality Review, of the Village Code.

§ 116-19.7 Applicability.

A. This chapter shall not apply to any land uses, improvements or development which has been exempted under § 24-1305 of the Environmental Conservation Law of the State of New York.

B. Where this chapter is less or more protective of the environment than the Environmental Conservation Law of the State of New York or any law or ordinance of the County of Suffolk or the Village of Southampton, the law or ordinance that is more protective of the environment shall prevail.

C. This chapter shall apply to all wetlands and regulated areas within the Village of Southampton.

D. It is the purpose of this chapter to provide additional and cumulative remedies to preserve, protect and conserve the wetlands of the Village. Nothing in this chapter nor anything done by virtue of it shall abridge, repeal or alter private or civil rights of action and remedies nor reduce, transfer or abolish the powers or duties of the Village's elected and appointed officers, boards or agencies.

§ 116-19.8 Penalties for offenses.

[Amended 8-13-2020 by L.L. No. 7-2020]

The following penalties shall apply:

A. Any person who violates, disobeys or disregards any provision of this chapter shall be liable for a civil penalty not to exceed $3,000 for every such violation. Before assessment of the civil penalty, the alleged violator shall be afforded a hearing or opportunity to be heard before the approving authority upon due notice and with rights to specification of the charges and representation by counsel.

B. Any civil penalty or order issued by an approving authority shall be reviewed pursuant to Article 78 of the Civil Practice Law and Rules.

C. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in Article II of Chapter 1 of the Code of the Village of Southampton.

D. The approving authority shall have the right to seek equitable relief to restrain any violation or threatened violation of any provision of this chapter.

§ 116-19.9 Permits issued under moratorium.

Permits approved during the effective period of the DEIS resolution preceding the enactment of this chapter shall be given full force and effect after the adoption hereof.