Town of Philipstown, NY
Putnam County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Philipstown 5-2-1991 by L.L. No. 4-1991.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Board — See Ch. 10.
Wetlands Inspector — See Ch. 30. Art. IV.
Environmental quality review — See Ch. 84.
Flood damage prevention — See Ch. 90.
Land development — See Ch. 112.
Timber harvesting — See Ch. 159.
Water — See Ch. 169.
Zoning — See Ch. 175.
[1]
Editor's Note: This local law also repealed former Ch. 93, Freshwater Wetlands, adopted 8-30-1976 by L.L. No. 1-1976.
This chapter shall be known as the "Freshwater Wetlands and Watercourse Law of the Town of Philipstown." It is a law regulating the dredging, filling, deposition or removal of materials, diversion or obstruction of water flow, placement of structures and other uses in wetlands and watercourses and in certain associated lands and waters located in the Town of Philipstown. It further sets forth permit requirements governing such actions.
A. 
The Town Board of the Town of Philipstown has determined that the public interest, health and safety and the economic and general welfare of the residents of the Town of Philipstown will be best served by:
[Amended 11-1-2001 by L.L. No. 4-2001]
(1) 
The preservation and the proper maintenance and use of its wetlands and watercourses; and
(2) 
The protection of these and adjacent land areas from encroachment, spoiling, pollution or elimination resulting from population growth attended by commercial development, housing, road construction and disregard for natural resources.
B. 
The wetlands and watercourses in Philipstown are valuable natural resources which function and benefit the entire Town and the surrounding region in one or more of the following ways:
(1) 
Protecting subsurface water resources, watersheds and groundwater recharge systems.
(2) 
Treating pollution through chemical and biological degradation and adsorption processes.
(3) 
Providing drainage and flood control through ground absorption, natural storage and flood conveyance.
(4) 
Controlling erosion and water turbidity by serving as sedimentation areas and filter basins, absorbing silt and organic matter.
(5) 
Providing sources of nutrients in freshwater food cycles.
(6) 
Serving as nursery grounds and sanctuaries for freshwater fish.
(7) 
Providing a suitable living, breeding, nesting and feeding environment for many forms of wildlife, including wild fowl, shorebirds and rare species.
(8) 
Providing suitable habitat for endangered flora.
(9) 
Preserving open space and aesthetic values by providing open space in areas threatened with crowding from commercial and residential development.
(10) 
Furthering education and scientific research by providing readily accessible outdoor biophysical laboratories, living classrooms and vast training and education resources.
C. 
Wetlands and watercourse protection is a matter of concern to the entire Town. The establishment of regulatory and conservation practices for these areas serves to protect the Town by ensuring review and regulation of any activity on wetlands and watercourses that might adversely affect the Town's residents' health, safety and welfare.
D. 
Wetlands and watercourses in Philipstown form an ecosystem that is not confined to any one property owner or neighborhood. Experience has demonstrated that effective wetlands and watercourses protection requires uniformity of approach to preservation and conservation efforts throughout the Town.
E. 
Interference with wetlands and watercourses can cause or aggravate flooding, erosion and diminution and pollution of water supply for drinking and waste treatment and may pose a threat to the health, safety and welfare of the people of Philipstown and the surrounding region.
[Amended 11-1-2001 by L.L. No. 4-2001]
F. 
This chapter is enacted pursuant to the Municipal Home Rule Law, the Environmental Conservation Law, including but not limited to Articles 24 and 71 thereof, and the official compilation of Codes, Rules and Regulations of the State of New York, including but not limited to Title 6, Part 665 thereof (6 NYCRR 665), and any and all applicable laws, rules and regulations of the State of New York. This law establishes a wetlands regulatory system separate from, and in addition to, any applicable requirements under state or federal law. Nothing contained herein shall be deemed to conflict with any such laws, rules and regulations.
[Amended 11-1-2001 by L.L. No. 4-2001]
A. 
It is the intent of the Town of Philipstown to control and regulate the use of wetlands and watercourses, as defined herein, within the Town to ensure that the benefits found to be provided by them will not be lost and to protect the important physical, ecological, social, educational, aesthetic, recreational and economic assets of the present and future residents of the Town so as to protect the public interest.
B. 
It is not the intent of this chapter to prevent property owners from the reasonable use of their land. It is the intent of this chapter to allow reasonable use of land consistent with responsible land management and to conserve and protect freshwater wetlands and watercourses to the extent reasonably practicable, consistent with this objective.
C. 
It is the intent of this chapter that consideration should be given to the functional significance of a wetland involved in any particular application or proceeding. Wetlands vary in their importance and value to the environment. The decisions of activities to be permitted under this chapter should consider and reflect the relative significance or importance of any particular wetland. It is intended that the methodology set forth in § 93-8, Criteria for approval, should be used in making these decisions.
As used in this chapter, the following terms shall have the meanings defined below:
APPELLANT
A person who appeals a decision of the Conservation Board pursuant to § 93-10.
[Added 9-25-2013 by L.L. No. 3-2013]
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, the person who would actually control and direct the proposed activity or the authorized agent of such person.
CLEAR CUTTING
A method of harvesting where 75% or more of the trees of six inches in diameter or greater at breast height (4 1/2 feet) on a controlled area on an applicant's land are to be removed.[1]
CONSERVATION BOARD
The Conservation Board of the Town of Philipstown.
[Added 9-25-2013 by L.L. No. 3-2013]
CONTROLLED AREA
A controlled wetland, a watercourse, a wetland and/or watercourses buffer zone or any combination thereof.
CONTROLLED WETLAND
A wetland, as defined in this § 93-4, which covers 1/4 of an acre or more, whether or not it appears on the map as defined in this § 93-4, or a smaller wetland of critical value or unique quality, as may be provided by amendment to this chapter.[2]
[Amended 11-1-2001 by L.L. No. 4-2001]
DREDGING
Excavating or removing sediment, soil, mud, sand, shells, gravel or other aggregate, whether natural or artificial, except for small samples.
EROSION
The wearing away of land surface by action of wind, weathering, water, gravity or other natural force.
EXCLUDED ACTIVITY
Any activity listed in § 93-6.
FILLING
Depositing any soil, stones, sand, gravel, mud, rubbish, material, matter or fill of any kind.
FLOODPLAIN
That portion of a watercourse adjacent to the channel of the watercourse which is built of sediments deposited during the present regimen of the watercourse and is covered with water when the watercourse overflows its banks at flood stage, such as but not limited to those mapped by the Federal Emergency Management Agency (FEMA) located along Clove Creek, Foundry Brook, Canopus Creek and the Hudson River.
[Amended 11-1-2001 by L.L. No. 4-2001]
GRADING
The alteration of the slope of surface or subsurface conditions of land, lakes, ponds or watercourses by excavation or filling.
HYDRIC SOILS
Soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part, and as further defined by the technical publication "Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989)," which manual shall be available for inspection in the office of the Town Clerk. Hydric soils listed in Philipstown include the following listed by numeric field symbols, names, symbol and hydrologic soil group:
[Amended 11-1-2001 by L.L. No. 4-2001]
Numeric Field
(nmf)
Name
Symbol (hydrologic soil group)
101
Carlisle
(Ce)D
102
Ipswich
(Ip)D
100
Fluvaquents
(Ff) flooded
311
Fluvaquents
(Ff) flooded
28
Fredon
(Fr)C
1251A
Leicester
(LcA)C
1251B
Leicester
(LcB)C
1252B
Leicester
(LcB)C
1011
Palms
(Pa)D
1101
Palms
(Pa)D
1012
Palms
(Pa)D
103
Aquents
(Pc) flooded
35
Raynham
(Ra)C
25
Sun
(Sh)D
27
Sun
(Sm)D
251A
Ridgebury
(Rd)C
251B
Ridgebury
(Rd)C
252B
Ridgebury
(Rg)C
HYDROPHYTIC VEGETATION
Macrophytic plant life growing in water or on soils that are at least periodically anaerobic as a result of excessive water content, and as further defined by the technical publication "Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989)," which manual shall be available for inspection in the office of the Town Clerk. Examples of hydrophytic vegetation include the following:
[Amended 11-1-2001 by L.L. No. 4-2001
A. 
Wetland trees, which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other trees, including, among others, red maple (Acer rubrum), willows (Salix species), black spruce (Picea mariana), swamp white oak (Quercus bicolor), red ash (Fraxinus pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus americana) and larch (Larix laricina).
B. 
Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other shrubs, including, among others, alder (Alnus species), buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla), dogwoods (Cornus species) and leatherleaf (Chamaedaphne calyculata).
C. 
Emergent vegetation, including, among others, cattails (Typha species), pickerelweed (Pontederia cordata), bulrushes (Scirpus species), arrow arum (Peltandra virginica), arrowheads (Sagittaria species), reed (Phragmites communis), wildrice (Zizania aquatica), burr-reeds (Sparganium species), purple loosestrife (Lythrun salicaria), swamp loosestrife (Decondon verticillatus) and water plantain (Alisma plantagoaquatica).
D. 
Rooted, floating-leaved vegetation, including, among others, water lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar species).
E. 
Free-floating vegetation, including, among others, duckweed (Lemna species), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia species).
F. 
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 species), rushes (Juncus species), cattails (Typha species), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus) and spikerush (Eleocharis species).
G. 
Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum species), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea) and cranberries (Vaccinium macrocarpon and Vaccinium oxycoccos).
H. 
Submergent vegetation, including, among others, pondweeds (Potamogeton species), naiads (Najas species), bladderworts (Utricularia species), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum species), muskgrass (Chara species), stonewort (Nitella species), water weeds (Elodea species) and water smartweed (Polygonum amphibium).
MAJOR PROJECT
Any activity that does not qualify as a minor project or which requires other permits or approvals from either the Planning Board or the Town Board. Where multiple applications for a specific project are involved, if at least one activity constitutes a major project as defined herein, each proposed activity shall be treated as a major project, notwithstanding anything contained herein to the contrary.
[Added 9-25-2013 by L.L. No. 3-2013]
MAP
The most recent update of the map, accompanying this chapter, on file in the office of the Town Clerk entitled "Guide to Regulated Freshwater Wetlands and Watercourses, Town of Philipstown, Putnam County, New York," originally dated May 4, 1989, revised May 1, 1991, revised January 9, 2001, and all subsequent revisions, on which are indicated the approximate locations of watercourses and the boundaries of controlled wetlands. Said map is intended to be only a guide to the approximate location of wetlands and watercourses; their precise location is to be determined by field inspection in accordance with the specifications set forth in this chapter. However, any wetland which meets the definition of "controlled wetland" appearing in this § 93-4 is a controlled wetland, whether or not it appears on the map.
[Amended 11-1-2001 by L.L. No. 4-2001; 9-25-2013 by L.L. No. 3-2013]
MINOR PROJECT
Any activity requiring a wetlands permit where the Wetland Inspector has determined this activity is to be performed on an individual residential single-family building lot, where the use of mechanical earthmoving equipment may be permitted. It is provided, however, that such activities shall not take place within any portion of any wetlands, water bodies, or watercourses and also that such activities will not require the excavation of more than 15 cubic yards or disturb more than 1,000 square feet of any areas within 100 feet of said wetlands, water bodies, or watercourses.
[Added 9-25-2013 by L.L. No. 3-2013]
MITIGATION PLAN
The plan prepared by the applicant, pursuant to § 93-13, when the applicant has demonstrated that the losses or impacts to the wetland, watercourse, or wetland/watercourse buffer are necessary and unavoidable, as defined in § 93-12, and have been minimized to the maximum extent practicable.
[Added 11-1-2001 by L.L. No. 4-2001]
NATURAL RESOURCES REVIEW OFFICER
The Town employee or consultant appointed to review development applications for compliance with Town environmental regulations, including but not limited to wetlands, steep slopes, and conservation analysis requirements of zoning. This term is synonymous with "Wetlands Inspector." This position may be held by an official with other duties or titles, such as the Town Planner or Town Engineer.
[Added 9-25-2013 by L.L. No. 3-2013]
PERMIT
The written approval issued by any Town board, agency, or official where required for conducting any activity regulated under the Philipstown Town Code.[3]
[Amended 9-25-2013 by L.L. No. 3-2013]
PERSON
Any corporation, firm, partnership, association, trust, estate, one or more individuals or any unit of federal, state or local government or any agency or subdivision thereof, including any state department, bureau, commission, board or other agency, public authority or public benefit corporation.
PLAN REVIEW
Review by the Conservation Board of a major project wetlands permit application prior to the issuance of such wetlands permit by the Natural Resources Review Officer.
[Added 9-25-2013 by L.L. No. 3-2013]
POLLUTION
The presence in the environment of human-induced conditions or contaminants in quantities or characteristics which are or may be injurious to human, plant or animal life or well-being or to property.
REGULATED ACTIVITY
Any activity listed in § 93-5 of this chapter.
STRUCTURE
A combination of materials to form a construction that is safe and stable, and includes, among other things, trailers, stadiums, platforms, radio towers, sheds, storage bins, billboards, display signs, docks, wharves, boathouses, underground lines and pipes and apparatus for transmission of electric power and standards and towers and lines for transmission of electrical power; it excludes poles for local electrical power distribution lines and telephone lines in the Town of Philipstown and underground lines and pipes and apparatus for local distribution of electric power or telephone service in the Town of Philipstown; it includes anything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on the ground, including but not limited to buildings, bridges, dams, tennis courts, swimming pools, paved surfaces and playing fields.
[Added 11-1-2001 by L.L. No. 4-2001]
TOWN
The Town of Philipstown, Putnam County, New York.
WATERCOURSES
Rivers, streams, brooks, ponds, lakes, reservoirs and waterways, whether running constantly or intermittently, which are delineated on the current edition of the United States Department of Interior, Geological Survey, 7.5 Minute Series (Topographic) maps bearing the date 1981 (Peekskill Quadrangle), 1981 (West Point Quadrangle) and 1979 (Oscawana Lake Quadrangle), covering the Town of Philipstown; and any other streams, brooks and waterways which are contained within, flow through, or border on the Town of Philipstown, and any additional streams, brooks and waterways which are delineated on the map as defined in this § 93-4.
[Amended 11-1-2001 by L.L. No. 4-2001]
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.
[Added 11-1-2001 by L.L. No. 4-2001]
[Amended 11-1-2001 by L.L. No. 4-2001]
A. 
All areas that comprise hydric soils, as defined in this § 93-4, that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation, as defined in this § 93-4; or lands and submerged lands containing remnants of any vegetation that is not aquatic or semi-aquatic that has died because of wet conditions over a sufficiently long period, provided that such conditions can be expected to persist indefinitely, barring human intervention.
B. 
For the purposes of this chapter, "wetlands" within 50 meters of each other and hydrologically connected are considered to be one "wetland."
C. 
Lands and waters substantially enclosed by hydrophytic vegetation, as defined in this § 93-4, the regulation of which is necessary to protect and preserve the hydrophytic vegetation; and
D. 
The waters overlying the areas set forth in Subsections A and B above and the lands underlying the waters set forth in Subsection C above.
WETLANDS INSPECTOR
An individual appointed by the Town Board who shall serve at the pleasure of the Town Board to investigate, report on, and enforce compliance with the provisions of this chapter. This term is synonymous with "Natural Resources Review Officer."
[Amended 11-1-2001 by L.L. No. 4-2001; 9-25-2013 by L.L. No. 3-2013]
WETLANDS OR WATERCOURSE BUFFER ZONE ("BUFFER")
A controlled area adjacent to a controlled wetland or watercourse or to a combination of controlled wetlands and watercourses. A "wetlands buffer zone" consists of the land adjacent to a controlled wetland, as defined in this § 93-4, that lies within 100 feet of the boundary of said controlled wetland. A "watercourse buffer zone" consists of the land adjacent to a watercourse, as defined in this § 93-4, that lies within 100 feet, measured horizontally, of the mean high-water mark of said watercourse.
[Amended 11-1-2001 by L.L. No. 4-2001]
WETLANDS PERMIT
The written approval issued by Natural Resources Review Officer/Wetlands Inspector where required by this chapter for conducting a regulated activity in a controlled area.
[Added 9-25-2013 by L.L. No. 3-2013]
[1]
Editor's Note: The definition of "Committee," which immediately followed this definition, was repealed 7-14-2005 by L.L. No. 2-2005.
[2]
Editor's Note: The former definition of "Council," added 7-14-2005 by L.L. No. 2-2005, which immediately followed this definition, was repealed 9-25-2013 by L.L. No. 3-2013.
[3]
Editor's Note: The former definition of "permitting authority," which immediately followed this definition, was repealed 9-25-2013 by L.L. No. 3-2013.
Activities regulated under this chapter are:
A. 
Dredging or excavation; grading; and removal of soil, mud, sand, gravel, silt, earth material and other aggregate, either directly or indirectly.
B. 
Dumping or deposition of soil, stones, sand, gravel, mud, rubbish, material, matter or fill of any kind, either directly or indirectly.
C. 
Construction or installation of any structure or facility, including but not limited to roads, buildings, driveways, parking facilities, swimming pools, tennis courts, bridges, pipes or conduits; installation of sewage disposal systems or sewer outfall; drilling of wells; placing of other obstructions; or driving of pilings.
[Amended 11-1-2001 by L.L. No. 4-2001]
D. 
Alteration or diversion of any flow of watercourse or wetland. This includes but is not limited to docks, dams, pilings and bridges.
E. 
Use of chemicals, dyes, fertilizers, animal waste, herbicides, pesticides, deicing materials or similar materials.
F. 
Influents of high thermal content capable of causing harmful ecological effects unless water is properly treated in recycling, including but not limited to groundwater heat pumps for other than one-family dwellings.
G. 
Clear cutting or other vegetation removal affecting surface water runoff.
H. 
Establishment of trails for such purposes as, but not limited to, walking, skiing, horseback riding, bicycling, motorcycling, snowmobiling and off-road vehicle travel.
I. 
Installation of service lines, cable conduits or utilities.
[Added 11-1-2001 by L.L. No. 4-2001]
J. 
Introduction of any form of pollution, by means including, but not limited to, the installation of a septic system, running of a sewer or stormwater outfall, or discharge of sewage treatment or other solid waste into or so as to drain into a controlled area.
[Added 11-1-2001 by L.L. No. 4-2001]
K. 
Installation of drainage or water supply pipes or wells.
[Added 11-1-2001 by L.L. No. 4-2001]
L. 
Installation of dry wells, retention basins, filters, open swales or ponds.
[Added 11-1-2001 by L.L. No. 4-2001]
M. 
Any other activity that may impair the natural functions of a wetland or watercourse as found in § 93-2.
[Added 11-1-2001 by L.L. No. 4-2001]
The following activities are excluded from regulation under this chapter.
A. 
The depositing or removal of the natural products of freshwater wetlands by recreational or commercial fishing, shellfishing, hunting or trapping.
B. 
Public health activities, orders and regulations of the Putnam County Department of Health or New York State Department of Health, provided that copies of all such orders or regulations affecting wetlands are filed with the Department of Environmental Conservation in advance and are for emergencies only.
[Amended 9-25-2013 by L.L. No. 3-2013]
C. 
Any activity for which, prior to the effective date of this chapter, the Planning Board has otherwise granted approval of a preliminary plat, conditional or otherwise, or the Building Inspector has granted a building permit, or, in the case of any activity not requiring action by the Planning Board or the Building Inspector, any otherwise necessary permit has been granted by the Town official or agency responsible for review of the activity.
D. 
Any routine road, highway, street or driveway maintenance, if the activity will not cause pollution or erosion of a watercourse or a controlled wetland, or interfere with natural drainage.
[Amended 11-1-2001 by L.L. No. 4-2001]
E. 
Normal grounds maintenance, gardening, selective trimming, pruning or bracing of vegetation, removal of dead or diseased vegetation, and decorative landscaping and planting, incidental removal of vegetation, addition of vegetation, but not including the use of fertilizers and pesticides within a controlled area.
[Amended 11-1-2001 by L.L. No. 4-2001]
F. 
Ordinary maintenance and repair of existing structures, facilities or trails, including but not limited to those set forth in § 93-5C and H, where the work does not entail the use of machinery within a controlled wetland or a watercourse.
[Amended 11-1-2001 by L.L. No. 4-2001]
G. 
Mosquito control projects approved in writing by the New York State Department of Environmental Conservation.
H. 
The operation, maintenance and repair of dams, retaining walls, docks and water control structures that were in existence on the effective date of this chapter.
I. 
Emergency work which is immediately necessary to protect health and safety or prevent damage to property, provided that the Natural Resources Review Officer is given written notice within 48 hours after commencement of such work and within 48 hours after completion of the work, and provided that such work is limited to alleviation of the emergency condition.[1]
[Amended 9-25-2013 by L.L. No. 3-2013]
[1]
Editor's Note: Former Subsection J, regarding tree maintenance and decorative landscaping, which subsection immediately followed this subsection, was repealed 11-1-2001 by L.L. No. 4-2001.
[Amended 11-1-2001 by L.L. No. 4-2001; 9-25-2013 by L.L. No. 3-2013]
The Natural Resources Review Officer or Conservation Board may, at their discretion, waive any or all parts of § 93-9C, D, E and F if they determine that a proposed regulated activity is an activity of minor significance.
A. 
A proposed regulated activity may be designated an activity of minor significance if it is:
(1) 
An activity that entails no building or other structure, no sewage system, no sewage disposal system or no well in a controlled area; or
(2) 
Removal of water-deposited silt or debris in order to restore the controlled area to the condition existing before the deposit, where the work does not involve use of any machinery within a controlled wetland or a watercourse.
B. 
Provided that said activity:
(1) 
Does not require a site plan, subdivision plat, or construction plans, grading plans and/or plot plans for grading and removal of earth;
(2) 
Is not to be conducted on a floodplain; and
(3) 
Will not result in a change or modification to a controlled area that will affect adjoining property, increase pollution or affect water flow upstream or downstream from the proposed activity.
[Amended 11-1-2001 by L.L. No. 4-2001; 7-14-2005 by L.L. No. 2-2005; 9-25-2013 by L.L. No. 3-2013]
A. 
The following are criteria applicable to the approval of wetlands permits for proposed regulated activities in controlled areas:
(1) 
The activity will not have a substantial adverse effect upon the natural function and benefits of a wetland or watercourse as set forth in § 93-2B;
(2) 
The activity will not substantially change the natural channel of a watercourse or substantially inhibit the dynamics of a watercourse system;
(3) 
The activity will not result in the degrading or pollution of waters;
(4) 
The activity will not increase the potential for flooding;
(5) 
Sufficient provision has been made for control of pollution, erosion, siltation and sedimentation during and after conduct of the activity;
(6) 
No practicable alternative location is available on the subject parcel; and
(7) 
No additional technical improvements or safeguards can reasonably be added to the plan or activity which would minimize the impact on a controlled area; or
(8) 
The activity will alleviate or remove a hazard to the public health or safety.
B. 
In evaluating the criteria and the determination required in § 93-8A above, the Natural Resources Review Officer and Conservation Board shall utilize the objective methodology for determining the functions of a wetland set out in the publication entitled "A Rapid Procedure for Assessing Wetland Functional Capacity," dated May 1998, by Magee and Hollands, a copy of which is on file in the office of the Town Clerk of the Town of Philipstown.
[Amended 4-2-1992 by L.L. No. 3-1992; 3-10-1993 by L.L. No. 2-1993; 11-1-2001 by L.L. No. 4-2001; 7-14-2005 by L.L. No. 2-2005; 9-25-2013 by L.L. No. 3-2013]
A. 
No person shall undertake, permit, conduct or cause to be undertaken, permitted or conducted a regulated activity in a controlled area without applying for and obtaining a wetlands permit therefor as provided in this chapter. All wetlands permits shall be written, issued, and enforced by the Natural Resources Review Officer/Wetlands Inspector. Applications for minor projects shall be reviewed only by the Natural Resources Review Officer/Wetlands Inspector. For major projects, the Natural Resources Review Officer shall transmit the application to the Conservation Board for plan review. Once the Conservation Board has approved a plan for a wetlands permit, with appropriate conditions as deemed necessary, the Natural Resources Review Officer shall issue the wetlands permit subject to the conditions adopted by the Conservation Board in its plan approval. Approval of a plan by the Conservation Board shall be by a majority vote of the members of the Board present at a duly constituted meeting in which a quorum is in attendance. Any person is encouraged to confer with the Conservation Board and/or Natural Resources Review Officer for advice as to whether or not an activity proposed to be undertaken, permitted or conducted is a regulated activity in a controlled area.
B. 
Application. Any person proposing to conduct or cause to be conducted a regulated activity in a controlled area shall file an application for a wetlands permit with the Natural Resources Review Officer, in such form and with such information as the Conservation Board may from time to time prescribe. The application shall be accompanied by a fee as set by the Town Board, which fee may be amended from time to time by resolution of the Town Board. It is the intention of this chapter that any such application for a wetlands permit shall be filed at the same time as an application for any other permit or approval sought from any Town official, agency, or board in connection with the same activity or project. If an application for a wetlands permit has not been filed under this chapter and the board or official reviewing an application for any other permit or approval determines that such other application involves a regulated activity in a controlled area, then an application for a wetlands permit under this chapter shall promptly be filed with the Natural Resources Review Officer in order to ensure proper coordination of all related applications.
C. 
The number of copies of the application to be submitted under § 93-9B shall be established by the Conservation Board as part of its rules of procedure and shall take into consideration the need to transmit the application to other agencies, officials, or boards with permitting jurisdiction over the same project. Each copy of the application shall include the following information:
(1) 
A detailed description of the proposed activity and a comparison of the activity to the criteria for approval specified in § 93-8.
(2) 
A map showing the controlled area affected, any wetland or watercourse therein and the location thereof and the location, extent and nature of the proposed activity, prepared by a licensed surveyor or engineer. If showing sufficient information, any map, plat or plan acceptable to the Natural Resources Review Officer and required to be submitted for any other permit or approval in connection with any regulated activity may be used for the required map.
(3) 
The names of claimants of water rights in the wetland or watercourse of whom the applicant has record notice.
(4) 
A completed short form environmental assessment form.
(5) 
If a major project application affects the water retention capacity, water flow or other drainage characteristics of any pond, lake, reservoir, natural drainage system or wetland, it shall include a statement prepared by a professional engineer licensed in the State of New York stating the impact of the project on upstream and downstream areas, giving appropriate consideration to flood or drought levels of watercourses and amounts of rainfall.
(6) 
Copies of all applicable county, state or federal permits or permit applications that are required for such work, unless the granting of such permits or the submission of such permit applications is conditioned upon first obtaining a permit under this chapter.
D. 
Request for additional information. The Conservation Board or Natural Resources Review Officer may identify additional information that may be needed in order to make a determination. Such information may include but not be limited to the following:
(1) 
Complete plans for the proposed activity, which shall be certified by an engineer, architect, land surveyor or landscape architect licensed in the State of New York, drawn to a scale no less detailed than one inch equals 20 feet, and showing the following:
(a) 
The location of all controlled wetlands, watercourses and wetland and watercourse buffer zones as determined no earlier than 12 months prior to the date of filing the application. The boundaries of a wetland and the mean high-water mark of a watercourse shall be determined by field investigation and as defined in § 93-4;
(b) 
A description of the vegetative cover of the controlled area, including dominant species;
(c) 
A description of the on-site soil types;
(d) 
The location of the construction area or the area proposed to be disturbed and its relation to property lines, roads, buildings, wetlands and watercourses within 250 feet of the proposed activity;
(e) 
The exact locations, specifications and amount of all proposed draining, filling, grading, dredging and vegetation removal or displacement, and the procedures to be used to do the work;
(f) 
The location of any wells and depths thereof, and any disposal system;
(g) 
The existing and proposed contours at two-foot intervals in the proposed disturbed area and to a distance of 50 feet beyond, and elevations of the site and adjacent lands within 200 feet of the proposed activity;
(h) 
Details of any temporary or permanent drainage system proposed both for the conduct of the work and after completion thereof; including locations of discharges, artificial inlets, or other human-made conveyances that would discharge into the controlled area, and measures proposed to control erosion both during and after work;
(i) 
Where creation of a lake or pond is proposed, details of the construction of any dams, embankments, outlets or other water control devices, and analysis of the wetland hydrologic system, including seasonal water fluctuation, inflow/outflow calculations and subsurface soil, geology and groundwater conditions;
(j) 
Where creation of a detention basin is proposed, with or without excavation, details of the construction of any dams, berms, embankments, outlets or other water control devices, and analysis of the wetland hydrologic system, including seasonal water fluctuation, inflow/outflow calculations and subsurface soil, geology and groundwater conditions;
(k) 
Details of erosion and sediment control practices, including a diagram showing what and where erosion and sediment control practices will be implemented and a schedule for their installation and maintenance;
(l) 
Functional analysis of the wetlands to be affected, showing existing wetlands formation and impacts to those functions from the proposed activity;
(m) 
A completed long form environmental assessment form when required by the New York State Environmental Quality Review Act.
E. 
Transmittal of application. In the case of a regulated activity within 500 feet of the Town line on a watercourse that crosses the Town line, or any regulated activity on a wetland that crosses the Town line, the Natural Resources Review Officer shall, if the application is not one for an activity of minor significance, transmit a copy of the application to the Clerk of the relevant abutting municipality.
F. 
Public hearing. For major projects, a joint public hearing shall be held by the Conservation Board and any other local board or agency with permit or approval jurisdiction over the same project, whenever a public hearing is required for the granting of such other permit or approval pursuant to statute or the local laws and ordinances of the Town of Philipstown. Such joint public hearing shall be held at such time, under such circumstances and upon such notice as may be required for the granting of such other permit or approval.
G. 
Approval or disapproval of wetlands permit.
(1) 
On major project applications for which no public hearing is required, the Conservation Board shall make a determination to approve, approve with modifications or disapprove the issuance of a wetlands permit within 30 days following receipt of a completed application therefor.
(2) 
On major project applications for which a public hearing is required, the Conservation Board shall make a determination to approve, approve with modifications or disapprove the issuance of a wetlands permit prior to or simultaneously with the determination by the permitting board for the other permit or approval for which application was made.
(3) 
For minor project applications, the Natural Resources Review Officer shall issue or deny a wetlands permit within 15 days of receiving a complete application.
(4) 
The Conservation Board, or Natural Resources Review Officer in connection with their determination to approve or approve with modifications the issuance of such a wetlands permit, may impose such conditions as the Conservation Board or Natural Resources Review Officer deems necessary to conform the activity to the criteria for approval in § 93-8 and to fulfill the purposes of this chapter. In connection with such wetlands permit, the Conservation Board or Natural Resources Review Officer may establish time periods within which the regulated activity, or phases thereof, shall be commenced and/or be completed. The Conservation Board or Natural Resources Review Officer may extend such time periods and the permit for good cause demonstrated to the satisfaction of the Conservation Board or Natural Resources Review Officer and when it is shown that the regulated activity is or will be conducted in accordance with the wetlands permit as originally issued and an extension fee has been paid as set by the Town Board in accordance with § 93-14B.
(5) 
The Conservation Board or Natural Resources Review Officer may determine to approve or issue an amended wetlands permit, upon application made in the same manner as required for the original application.
(6) 
Copies of all determinations by the Conservation Board or Natural Resources Review Officer shall be filed in the office of the Town Clerk and mailed to the applicant by certified mail, return receipt requested.
H. 
Extension of time. The applicant may, by mutual consent with the Conservation Board or Natural Resources Review Officer, extend any of the time periods specified herein.
I. 
Transfer of permits. Permits may be transferred to new legal owners of the affected property so long as the conditions and plans as approved remain unchanged. Notice of such transfer of permit must be filed with the Wetland Inspector within 30 days of the transfer.
[Added 9-25-2013 by L.L. No. 3-2013]
Any person aggrieved by a decision of the Conservation Board or Natural Resources Review Officer under this chapter may appeal such decision to the Town Board as provided below.
A. 
Such appeal shall be submitted to the Town Clerk within 14 days of the filing of the Conservation Board's or Natural Resources Review Officer's decision in the office of the Town Clerk, on forms approved by the Town Board and provided by the Town Clerk.
B. 
The Town Board shall apply the same criteria in its review of an approval as the Conservation Board or Natural Resources Review Officer is required to apply by this chapter. However, the Town Board shall not require the submission of additional information unless the appellant alleges that insufficient information was available to the Conservation Board or Natural Resources Review Officer when the decision was made. The Town Board shall defer to the judgment of the Wetlands Inspector or Natural Resources Review Officer with respect to matters of technical and scientific judgment. In the case of an appeal of the Natural Resources Review Officer's determination to issue or deny a wetlands permit for a minor project, the Conservation Board shall have an opportunity to review and comment on the appeal before or at the time of the Town Board's public hearing.
C. 
The Town Board shall hold a public hearing on the appeal within 31 days of its submission to the Town Clerk. The Board shall publish notice of such hearing in the official newspaper at least five days prior to the date thereof. The cost of giving all notices shall be charged to the appellant.
D. 
The Town Board shall render its decision within 31 days of the public hearing and file such decision in the office of the Town Clerk immediately thereafter. The decision shall also be mailed to the appellant and the applicant (if different) by certified mail, return receipt requested.
E. 
Judicial review of the Town Board's decision shall be available as provided in § 93-18D.
[1]
Editor's Note: Former § 93-10, Wetlands Advisory Committee, as amended, was repealed 7-14-2005 by L.L. No. 2-2005.
[Amended 3-10-1993 by L.L. No. 2-1993; 11-1-2001 by L.L. No. 4-2001; 7-14-2005 by L.L. No. 2-2005; 9-25-2013 by L.L. No. 3-2013]
A. 
This chapter shall be enforced by the Wetlands Inspector and/or Natural Resources Review Officer. The Town Board may also designate a Deputy Wetlands Inspector who shall also serve at the pleasure of the Town Board. The Wetlands Inspector and/or Natural Resources Review Officer shall coordinate his activities with the Building Inspector. The Wetlands Inspector, Natural Resources Review Officer, and the Deputy Wetlands Inspector may not be members of the Conservation Board.
B. 
Qualifications for Wetlands Inspector. The Wetlands Inspector, Deputy Wetlands Inspector, and any Natural Resources Review Officer performing the duties of the Wetlands Inspector must have training and experience adequate to:
(1) 
Identify, locate and stake or flag wetlands and watercourses in the field, and verify the identification, location and mapping thereof done by others;
(2) 
Consider the effects of specific proposals on the functions and benefits of the specific wetland(s) and watercourse(s) affected, as specified in § 93-2B and § 93-8A;
(3) 
Determine whether the proposed use is consistent with applicable minimum land use regulations weighed against criteria for permit issuance set forth in § 93-8A;
(4) 
Assess an applicant's proposals to enhance, mitigate or compensate for the functions and benefits of existing wetland(s) and watercourse(s);
(5) 
Prepare a recommendation to grant, deny or condition a permit; and
(6) 
Enter his/her findings and supporting rationale in the public record.
(7) 
Issue or deny wetland permits as provided in § 93-9.
(8) 
Perform all administrative functions of the Conservation Board, including but not limited to acceptance and review of applications, coordinating technical review as necessary with other Town departments and consultants, monitoring compliance with wetlands permit conditions and mitigation plans, and inspecting projects to ensure compliance with the terms of wetland permits.
C. 
Suitable qualifications include either a bachelor's degree in wildlife management, fisheries management, forestry, ecology, hydrology or a closely related field; an associate degree in one of the above fields and two years' full-time experience in work closely associated with wetlands protection; or any other training and experience which assures a technical knowledge of wetlands and their functions and benefits sufficient to perform the tasks identified above.
D. 
Services. The Wetlands Inspector shall investigate, report on and enforce compliance with the provisions of this chapter and provide the services identified in § 93-11B, coordinating such enforcement activities and services with the responsibilities of the Town Board, the Conservation Board, the Building Inspector, and all other Town officials and agencies with permitting jurisdiction.
[Amended 3-10-1993 by L.L. No. 2-1993; 9-25-2013 by L.L. No. 3-2013]
The Conservation Board shall have the authority to grant and deny approval of plans for major project wetland permits as provided in § 93-9 of this chapter and such other authority as may be provided in other chapters of the Town Code.
[Added 11-1-2001 by L.L. No. 4-2001; amended 9-25-2013 by L.L. No. 3-2013]
No major project wetlands permit shall be approved by the Conservation Board pursuant to this chapter unless the Conservation Board finds that the proposed regulated activity is consistent with the intent of this chapter as set forth in § 93-3.
A. 
Permit conditions. Any major project wetlands permit issued pursuant to this chapter shall be issued with conditions deemed necessary by the Conservation Board or Natural Resources Review Officer. The Conservation Board shall set forth in writing findings and reasons for all conditions attached to any major project permit. Permits issued pursuant to this chapter shall be in written form and shall contain, at a minimum, the following conditions:
(1) 
Work conducted under said permit shall be open to inspection by the Natural Resources Review Officer, Code Enforcement Officer, or Conservation Board or its designated representative, at any time, including weekends and holidays;
(2) 
The permit shall expire on a specified date that is one year from its issuance if work has not commenced.
(3) 
The permit holder shall notify the Natural Resources Review Officer of the date on which the work is to begin at least five days in advance of such date.
(4) 
The permit shall be maintained and prominently displayed at the project site during the time that the activities authorized by the permit are being carried on.
B. 
Mitigation plan requirements.
(1) 
The Conservation Board may require the applicant to prepare and implement a mitigation plan for major projects when the applicant has demonstrated that losses or significant impacts to a controlled wetland or wetland buffer are necessary and unavoidable. In determining whether and to what degree to impose such requirement, the Conservation Board shall consider the following:
(a) 
Whether there is no reasonable on-site alternative to the proposed activity, including but not limited to reduction in density, change in use, revision of road and layout, and related site planning considerations that would accomplish the applicant's objective; and
(b) 
Whether there is a reasonable alternative to the proposed activity on another site available to the applicant that is not a controlled area.
(2) 
Mitigation for intrusion into wetlands shall be adequate to ensure that there will be no overall net loss of wetlands in terms of ecological characteristics and function, geographic location and setting and size. To ensure no net loss, mitigation measures must provide for replacement wetland at a ratio of at least 1.0 to 1.0.
(3) 
The Conservation Board may require additional information if the plan does not provide sufficient detail to evaluate its effectiveness.
(4) 
On-site mitigation shall be the preferred approach. Off-site mitigation shall be permitted only when on-site alternatives are not possible; in these instances, emphasis shall be placed on mitigation within the same watershed as the original wetland.
(5) 
The Conservation Board shall monitor or cause to have monitored projects, in accordance with the conditions set forth in the permit, to determine whether the elements of the mitigation plan have been met. The Conservation Board may retain qualified professionals, at the expense of the applicant, to discharge its obligation hereunder. The time period for all monitoring activities shall be a minimum of three years. The requirements for monitoring shall be specified in the permit and/or mitigation plan. They may include, but not necessarily be limited to:
(a) 
Field measurements to verify the size and location of the impacted wetland area and of the restored/replacement wetland area;
(b) 
The date of completion of the work or restoration/replacement;
(c) 
Field verification of the structural details, best management practices, mitigation measures, and vegetative, hydrologic and soils criteria specified in the permit and/or mitigation plan.
[Added 11-1-2001 by L.L. No. 4-2001 [1]; amended 7-14-2005 by L.L. No. 2-2005; 9-25-2013 by L.L. No. 3-2013]
In order to carry out the purposes and provisions of this chapter, the Conservation Board and the Town Board shall have the following powers and duties, in addition to those specified above:
A. 
The Conservation Board shall have the power and duty to prepare forms designated in this chapter for the purpose of administration of this chapter and may amend the same from time to time. The Conservation Board shall hold regular meetings no less frequently than once per month and shall hold such additional meetings as shall be necessary for the timely processing of applications. The Conservation Board may contract for professional and technical assistance and advice, not exceeding any budget appropriation that may be made therefor by the Town Board, and may, in addition, require escrow deposits pursuant to § 71-3 of the Town Code for such professional and technical assistance.
B. 
The Town Board shall have the power and duty to establish a schedule of fees hereunder and may amend the same from time to time by resolution. The Town Board shall also have the power to hear appeals pursuant to § 93-10 above.
[1]
Editor's Note: This local law also redesignated former §§ 93-14 through 93-18 as §§ 93-15 through 93-19, respectively.
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(s) or approval(s).
[Amended 7-14-2005 by L.L. No. 2-2005; 9-25-2013 by L.L. No. 3-2013]
The Conservation Board may determine that, prior to commencement of work under any major project permit issued pursuant to this chapter and as a condition thereof, the applicant should post a bond, cash or otherwise, or letter of credit, conditioned upon the faithful compliance with the terms of such permit and for the indemnification of the Town of Philipstown for restoration costs which may result from failure to so comply. If the Conservation Board so determines, it shall make such recommendation to the Town Board. The Town Board shall fix the conditions and amount of such bond or letter of credit within its sole discretion. The same shall remain in effect until the Conservation Board certifies that the work has been completed in compliance with the terms of the permit and the bond is released by the Town Board or a substitute bond or letter of credit is provided that is acceptable to the Town Board.
A. 
The Wetlands Inspector/Natural Resources Review Officer shall make such on-site inspections during the conduct of the permitted activity as are necessary to determine whether the activity is being carried on in conformity with the provisions of the permit.
[Amended 9-25-2013 by L.L. No. 3-2013]
B. 
The Wetlands Inspector and/or the Conservation Board may, on written notice to the applicant, suspend or revoke a permit issued pursuant to this chapter where it finds that the applicant has not complied with any or all terms or conditions 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.
[Amended 9-25-2013 by L.L. No. 3-2013]
C. 
The Conservation Board and/or the Wetlands Inspector shall set forth in writing, in the file kept regarding a permit application, the findings and reasons for revoking or suspending a permit pursuant to this section.
[Amended 9-25-2013 by L.L. No. 3-2013]
D. 
The Wetlands Inspector is authorized to issue a stop-work order if, in his judgment, a regulated activity, as defined in § 93-5 of this chapter, is not being carried out in compliance with this chapter. He shall withdraw such stop-work order when he determines that there is compliance with this chapter. The Wetlands Inspector is authorized to order, in writing, the remedying of any condition found to be in violation of this chapter.
[Amended 4-2-1992 by L.L. No. 3-1992]
E. 
All powers granted herein to the Wetlands Inspector are also granted to the Natural Resources Review Officer.
[Added 9-25-2013 by L.L. No. 3-2013]
A. 
Civil sanctions; cease-and-desist order. In addition, the Town Board shall have the power, after a hearing or opportunity to be heard upon due notice and with the rights to specification of the charges and representation by counsel at such hearing, to direct the violator to cease his or her violation of this chapter and to restore the affected freshwater wetland to its condition prior to the violation, insofar as that is possible, within a reasonable time and under the supervision of the Wetlands Inspector and/or the Conservation Board. Any such order of the Town Board shall be enforceable in an action brought by the Town in any court of competent jurisdiction.
[Amended 9-25-2013 by L.L. No. 3-2013]
B. 
Criminal sanctions.
(1) 
Criminal fine and imprisonment. Any person who violates any provision of this chapter or an order, permit, rule or regulation of the Conservation Board regulating controlled areas pursuant to this chapter shall, in addition to any other civil sanctions, be guilty of a violation punishable by a fine of not more than $1,000 or a term of imprisonment of not more than 15 days, or both.
[Amended 9-25-2013 by L.L. No. 3-2013]
(2) 
Restoration order. Instead of these punishments, any offender may be punishable by being ordered by the court to restore the affected controlled area to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the Wetlands Inspector and/or the Conservation Board.
[Amended 9-25-2013 by L.L. No. 3-2013]
(3) 
Continuing offense. For the purposes of criminal sanctions only, each offense shall be a separate and distinct offense and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
C. 
Equitable relief. The Town Board shall have the right to seek equitable relief to restrain any violation or threatened violation of any provisions of this chapter in any court of competent jurisdiction.
D. 
Judicial review. Any decision or order of the Town Board made on an appeal from the Conservation Board or Natural Resources Review Officer pursuant to or within the scope of this chapter may be reviewed at the request of any person aggrieved by such decision or order, in accordance with Article 78 of the New York Civil Practice Law and Rules, provided that such review is commenced within 30 days of the later of the filing of such Town Board decision or order in the office of the Town Clerk and the mailing of the same to the appellant and the applicant by certified mail, return receipt requested.
[Amended 9-25-2013 by L.L. No. 3-2013]
[Added 7-14-1994 by Res. No. 110-94; amended 11-3-1994 by Res. No. 158-94; 6-3-1999 by Res. No. 119-99]
A. 
Wetland and watercourse determination by the Wetlands Inspector, regarding whether activity will be in a controlled area and describing permit application requirements: $125.
[Amended 7-7-2003 by Res. No. 125-03]
B. 
Dwelling unit and accessory buildings and structures (including well and septic system if constructed contemporaneously with dwelling unit) or other structures (for example, stream crossing) in or containing a controlled area or portion thereof on a residential lot: $225.
C. 
Dredging or removal of soil, mud, sand, gravel, silt, or earth material and other aggregate from a controlled area, or dumping or deposition of any material in a controlled area, when such activity is not associated with any of the other activities specified in this schedule and is not an activity of minor significance: $250.
[Added 11-1-2001 by L.L. No. 4-2001[1]; amended 7-7-2003 by Res. No. 125-03]
[1]
Editor's Note: This local law also provided for the redesignation of former Subsections C through G as D through H, respectively.
D. 
Residential subdivision: $225 for each lot in which a regulated activity is proposed to be conducted in a controlled area.
NOTE: If a wetlands permit is granted for the proposed regulated activity in the proposed location and an owner of the lot later wants to change the location of the regulated activity, a new wetlands permit application will be required and an additional fee will be charged if the regulated activity is proposed to take place in a controlled area. However, the Wetlands Inspector may find the modification of the approved regulated activity is a minor field adjustment for which a new application is not required.
E. 
Road, pipeline or in-ground utility: $750 for the first 500 linear feet or fraction thereof in a controlled area and $1.50 for every linear foot over 500 feet in a controlled area.
[Amended 11-1-2001 by L.L. No. 4-2001]
F. 
Regulated activities not covered in Subsections B, C, D, and E of this fee schedule: $375 for the first affected acre of controlled area or fraction thereof, plus $260 for each additional affected acre of controlled area or fraction thereof.
[Amended 11-1-2001 by L.L. No. 4-2001]
G. 
Activities of minor significance, as defined in § 93-7 of this chapter: $125, if above fees are waived pursuant to § 93-7.
[Amended 11-1-2001 by L.L. No. 4-2001; 7-7-2003 by Res. No. 125-03]
H. 
Application for dry fire hydrants by fire districts or fire companies serving fire protection districts: no fee.
[Amended 11-1-2001 by L.L. No. 4-2001]
I. 
Wetland delineations performed by Wetlands Inspector.
[Added 11-1-2001 by L.L. No. 4-2001; amended 7-7-2003 by Res. No. 125-03]
(1) 
The applicant may elect to have the Wetlands Inspector locate and flag the controlled wetlands and watercourses on the subject parcel. The fees to perform this service shall be as follows and shall be deposited by separate check into the Town's escrow fund at the time of application:
Acres
Fee
Less than 2
$425
2 to 10
$675
10 or more
Estimate to be provided at time of application
(2) 
The fees will be released to the Wetlands Inspector when the delineation and flagging have been completed. The fees for this service shall be separate from all other application fees.