[HISTORY: Adopted by the Town Board of the Town of Monroe 7-16-1990
by Local Law No. 4, 1990. Amendments noted where applicable.]
A.
The Town Board of the Town of Monroe finds that the preservation
and protection of wetlands is a matter of concern to the town. This chapter
acknowledges that wetland areas constitute an important physical, economic,
social, aesthetic and recreational asset to existing and future residents
of the town. Wetlands are part of an ecosystem that, if not protected, can
cause or aggravate flooding, erosion and diminution of surface water and groundwater
resources and may pose a threat to the health, safety and welfare of the people
of Monroe and the surrounding region.
B.
Current New York State Department of Environmental Conservation
(NYSDEC) law regulates activities in and adjacent to wetlands 12.4 acres and
greater. Wetlands less than 12.4 acres are considered local wetlands and shall
be subject to the procedures and conditions set forth herein.
This chapter shall be known as the "Local Freshwater Wetlands Local
Law of the Town of Monroe" and establishes the criteria and procedures for
obtaining a permit for activities in and adjacent to the town's local
wetlands.
A.
In their natural state, wetlands serve multiple functions,
including:
(1)
Protecting water resources by providing sources of surface
water, recharging groundwater and aquifers, serving as chemical and biological
oxidation basins and/or functioning as settling basins for naturally occurring
sedimentation.
(2)
Controlling flooding and stormwater runoff by storing
or regulating natural flows.
(3)
Providing unique nesting, migratory and wintering habitats
for diverse wildlife species.
(4)
Supporting unique vegetative associations specifically
adapted for survival in low-oxygen environments.
(5)
Providing areas of unusually high plant productivity
which support significant wildlife diversity and abundance.
(6)
Providing breeding and spawning grounds, nursery habitat
and food for various species of fish.
(7)
Treating pollution through natural biological degradation
and chemical oxidation.
(8)
Providing open space and visual relief from development.
(9)
Serving as outdoor laboratories and living classrooms
for the study and appreciation of natural history, ecology and biology.
B.
Considerable acreage of these important natural resources
has been lost or impaired by draining, dredging, filling, excavating, building,
polluting and other acts inconsistent with the natural uses of such areas.
Remaining wetlands are in jeopardy of being lost, despoiled or impaired by
such acts, contrary to the public safety and welfare.
C.
It is therefore the policy of the Town of Monroe to prevent
the despoliation and destruction of wetlands and take into account the ecological,
economic, recreational and aesthetic values. Furthermore, this chapter is
in furtherance of the town's policy of no net loss of wetland areas.
It is the intent of the Town of Monroe to regulate activities in and around wetlands to ensure that the benefits found to be provided by wetlands as set forth in § 56-3 herein will not be lost and to protect the important ecological, physical, economic, social and recreational assets. These activities shall include:
A.
Impeding flood flows, reducing flood storage areas or
destroying storm barriers.
B.
Increasing water pollution through location of domestic
waste disposal systems in wet soils; inappropriate siting of stormwater control
facilities; unauthorized application of fertilizers, pesticides, herbicides
and algicides; disposal of solid wastes at inappropriate sites; creation of
unstabilized fills; or the destruction of wetland soils and vegetation serving
pollution and sediment control functions.
C.
Increasing erosion.
D.
Decreasing breeding, nesting and feeding areas for many
species of waterfowl and shorebirds, including those rare and endangered.
E.
Interfering with the exchange of nutrients needed by
fish and other forms of wildlife.
F.
Decreasing habitat for fish and other forms of wildlife.
G.
Adversely altering the recharge or discharge functions
of wetlands, thereby impacting groundwater or surface water supplies.
H.
Significantly altering when a wetland area is wet and
thereby causing either short- or long-term changes in vegetational composition,
soils composition, soil characteristics, nutrient recycling or water chemistry.
I.
Destroying sites needed for education and scientific
research, such as outdoor laboratories, living classrooms and training areas.
J.
Interfering with the recreation opportunities provided
by wetlands for fishing, boating, hiking, bird-watching, photography, camping
and other passive uses.
K.
Destroying or damaging aesthetic property values, including
significant public viewsheds.
Words or phrases issued in this chapter shall be interpreted as defined below; and where ambiguity exists, words or phrases shall be interpreted so as to give this chapter its most reasonable application in carrying out the regulatory goals stated in §§ 56-3 and 56-4.
Any act within a regulated area to which the requirement of this
chapter may apply.
See "wetland buffer."
A permit issued by the Town Engineer and/or Building Inspector for
a regulated activity that is limited in scope and limited in potential impact,
as defined by this chapter.
The grazing and watering of livestock; the use of water resources
for agricultural purposes; harvesting the natural products of wetlands, excluding
peat mining and timber harvesting; and selective cutting of trees.
A person who files an application for a permit under this chapter
and 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.
The board or public official empowered to grant or deny permits under
this chapter. The "approval authority" for the Town of Monroe shall be:
A.
The Planning Board of the Town of Monroe for regulated
activities requiring a wetland permit and a public hearing, as defined by
this chapter.
B.
BOUNDARY OF A WETLAND
CLEAR-CUTTING
DAMS AND WATER CONTROL MEASURES
DATE OF RECEIPT OF APPLICATION BY APPROVAL AUTHORITY
DEPOSIT
DRAIN
DREDGE
ECOLOGIST/BOTANIST/WETLAND SPECIALIST
EXCAVATE
FACULTATIVE WETLAND SPECIES
FILL
FLOODPLAIN
GRADING
HYDRIC SOIL
HYDROPHYTIC VEGETATION
MATERIAL
MICROSITE
MUNICIPALITY
NATIONAL LIST OF PLANT SPECIES THAT OCCURS IN WETLANDS: NORTHEAST (REGION
1), 1988
OBLIGATE UPLAND SPECIES
OBLIGATE WETLAND SPECIES
PERMIT
PERSON
POLLUTION
PROJECT
REMOVE
SELECTIVE CUTTING
SOIL SCIENTIST
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR)
STRUCTURES
WATER TABLE
WETLAND BUFFER
WETLAND/FRESHWATER WETLAND
(1)
(a)
(b)
(2)
(a)
(b)
(3)
(a)
(b)
WETLAND HYDROLOGY
The Town Engineer and/or Building Inspector for regulated
activities requiring an administrative permit that are limited in scope and
limited in potential impacts, as defined by this chapter.
The outer limit of the soils and/or vegetation as defined under "wetland/freshwater
wetland."
Any cutting of more than 30% of trees four inches or more in diameter
at breast height (4.5 feet) in an area 10,000 square feet or more over a period
of two consecutive years within a specified area.
Barriers used or intended to or which, even though not intended,
in fact do obstruct the flow of water or raise, lower or maintain the level
of water.
An application shall be deemed received by the approval authority
on the date of the first regular meeting of the approval authority following
the filing of the application and supporting plans pursuant to the provisions
of this chapter.
To fill, grade, discharge, emit, dump or place any material or the
act thereof.
To deplete or empty of water by drawing off by degrees or in increments.
To excavate or remove sediment, soil, mud, sand, shells, gravel or
other aggregate.
A person having special knowledge of the physical, chemical and biological
sciences related to the physiology, identification and distribution of native
plants, vegetative associations and hydric soils in wetland and upland systems
and of methods to describe, classify and delineate vegetative species and
associations and hydric soils.
To dig out and remove any material from a wetland or wetland buffer.
Vegetative species that can occur in wetland systems as listed in
the "National List of Plant Species that Occurs in Wetlands: Northeast (Region
1), 1988, published by the United States Fish and Wildlife Service in cooperation
with the National and Regional Interagency Review Panels and as updated from
time to time.
See "deposit."
The area adjacent to a water body which is subjected to periodic
inundation during a one-hundred-year storm event, as shown on the Flood Insurance
Rate Maps.
To adjust the degree of inclination of the natural contours of the
land, including leveling, smoothing and other modification of the natural
land surface.
A 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 under "wetland."
Macrophytic plant life growing in water that is at least periodically
deficient in oxygen as a result of excessive water content and as further
defined under "wetland."
Liquid, solid or gaseous substances, including but not limited to
soil, silt, gravel, rock, sand, clay, peat, mud, debris and refuse; any organic
or inorganic compound, chemical agent or matter; sewage sludge or effluent;
or industrial or municipal solid waste.
A small site supporting facultative or obligate vegetation anomalous
within the context of the larger vegetative unit. "Microsites" may be drier
or wetter than surrounding areas as a result of altered drainage, incidental
topographic variation or a related characteristic.
The Town of Monroe.
The list of obligate and facultative wetland plant species developed
by the United States Department of the Interior Fish and Wildlife Service
in cooperation with the National and Regional Interagency Review Panels, as
amended and updated from time to time.
Plant species that, under natural conditions, always occur in uplands
(i.e., greater than 99% of the time).
Plant species that, under natural conditions, always occur in wetlands
(i.e., greater than 99% of the time). "Obligate wetland species" for New York
State are listed in the National List of Plant Species that Occurs in Wetlands:
Northeast (Region 1), 1988, published by the United States Fish and Wildlife
Service in cooperation with the National and Regional Interagency Review Panels
and as updated from time to time.
That form of written approval required by this chapter for the conduct
of a regulated activity within a wetland or wetland buffer.
See "applicant."
Any harmful effect or the contamination or rendering unclean or impure
of any wetland or waters by reason of erosion or by any water or other materials
discharged or deposited therein.
Any proposed or ongoing action which may result in direct or indirect
physical or chemical impact on a wetlands including but not limited to any
regulated activity.
To dig, dredge, suck, bulldoze, dragline, blast or otherwise excavate
or grade, or the act thereof.
Any cutting of trees within the boundaries of a wetland or wetland
buffer that is not clear-cutting as defined in this section.
A person having special knowledge of the physical, chemical and biological
sciences applicable to the genesis and morphology of soils as natural bodies
and of the methods to describe, classify and map soil units.
The law pursuant to Article 8 of the New York Environmental Conservation
Law providing for environmental quality review of actions which might have
a significant effect on the environment.
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, tennis courts, docks, jetties and
swimming pools.
The zone of saturation at the highest average depth during the wettest
season.
An area surrounding a wetland that is intended to provide some degree
of protection to the wetland from human activity and other encroachment associated
with development. The "wetland buffer" shall be subject to the regulations
for wetlands as defined in this chapter as it relates to the need to protect
wetlands and not to protect the "wetland buffer" itself. The "wetland buffer"
shall be determined to be the area generally extending 100 feet horizontally
away from and paralleling the wetland boundary but can be greater or less
than 100 feet where designated by the approval authority based upon site-specific
conditions relating to topography, slopes, soils, etc.
Areas and waters of the Town of Monroe that are comprised of hydric soils and/or are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation. Finite boundaries of wetlands are to be determined by a qualified ecologist/botanist/wetlands specialist or soil scientist as any area which provides one or more of the wetland functions as recited in § 56-3 of this chapter due to the presence of one or more of the following:
Hydrophytic vegetation: plants which are dependent upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them a competitive
advantage over other species. These plants may belong to any of the following
vegetative types: wetland trees, wetland shrubs, emergent vegetation, submergent
and rooted floating-leaved vegetation, free-floating vegetation, wet-meadow
vegetation and bog mat vegetation. The following indicators of hydrophytic
vegetation may be used in conjunction with hydric soils and/or wetland hydrology:
The dominance of obligate and facultative wetland vegetative species.
Obligate upland species cannot be present on other than microsites. Obligate
and facultative wetland vegetative species are listed in the National List
of Plant Species that Occurs in Wetlands: Northeast (Region 1), 1988, published
by the United States Fish and Wildlife Service in cooperation with the National
and Regional Interagency Review Panels and as updated from time to time.
Plants with adaptations to inundation and/or saturated soil conditions.
Such adaptations include but are not limited to buttressed tree trunks, floating
stems, floating leaves, multiple trunks and inflated leaves, stems or roots.
Hydric soils: areas with somewhat poorly drained, poorly drained and
very poorly drained soils as determined by a soil scientist, consistent with
either of the following:
The United States Department of Agriculture Soil Conservation Service
(SCS), including but not limited to the following classification of soils
identified in Orange County, as may be updated or amended by the SCS:
Soils List
| |||
Ab
|
Alden silt loam
| ||
Ac
|
Alden extremely stony soils
| ||
Be
|
Basher fine sandy loam
| ||
Ca
|
Canandaigua silt loam
| ||
Cd
|
Carlisle muck
| ||
Ce
|
Carlisle muck, very deep
| ||
Cf
|
Carlisle muck, ponded
| ||
Fd
|
Fredon loam
| ||
Ha
|
Halsey silt loam
| ||
Hh
|
Histic humaquepts, ponded
| ||
Ma
|
Madalin silt loam
| ||
Pa
|
Palms muck
| ||
Pb
|
Palms muck, ponded
| ||
RA
|
Raynham silt loam
| ||
Sb
|
Scarboro mucky sandy loam
| ||
Uf
|
Udifluvents-fluvaquents complex, frequently flooded
| ||
Wa
|
Wallkill silt loam
| ||
Wd
|
Wayland silt loam
|
The technical criteria for determining hydric soils as presented in
the Federal Manual for Identifying and Delineating Jurisdictional Wetlands
(Federal Interagency Committee for Wetland Delineation), January 1989.
Hydrologic indicators. The following water bodies and watercourses are
regulated under this chapter:
Ponds, lakes, reservoirs, marshes, swamps, bogs or other areas of permanent
water retention, regardless of origin.
Natural drainage systems, including rivers, streams and brooks which
contain water at least six months of the year, and the associated floodplains
of such water sources. Regulated area surrounding such natural drainage systems
shall include all adjacent surfaces for 100 feet as measured from both sides
of the bank of the watercourse or adjacent surface which has an elevation
of less than five feet above the normal (mean) waterline, whichever is more.
The sum total of wetness characteristics in areas that are inundated
or have saturated soils for sufficient duration to support hydrophytic vegetation.
A.
Regulated activities requiring a wetland permit. No regulated
activity shall be conducted in a wetland or wetland buffer without a permit
from the approval authority. Regulated activities include all activities within
a wetland that shall be considered unlawful in the absence of a specific written
permit by the approval authority. Regulated activities also include all activities
within a wetland buffer as it relates to the protection of the wetland, not
the wetland buffer itself. Regulated activities include but are not limited
to:
(1)
Placement or construction of a structure greater than
400 square feet.
(2)
Any form of draining, dredging, excavation or removal
of material, either directly or indirectly.
(3)
Any form of dumping, filling or depositing of material,
either directly or indirectly.
(4)
Installation of any service lines or cable conduits.
(5)
Introduction of any form of pollution, including but
not limited to the installation of a septic tank, the running of a sewer outfall
or the discharge of sewage treatment effluent or other liquid wastes into
or so as to drain into a wetland.
(6)
Alteration or modification of natural features grades
and contours.
(7)
Alteration or modification of natural drainage patterns.
(8)
Construction of dams, docks or other water control devices,
pilings or bridges, whether or not they change the natural drainage patterns.
(9)
Installation of any pipes or wells.
(10)
Clear-cutting of any area of trees.
(11)
Deposition or introduction of organic or inorganic chemicals,
including pesticides and fertilizers.
(12)
Grazing of one or more horses or other animals and any
agricultural activity which involves draining or excavation of a wetland.
B.
Regulated activities requiring an administrative permit. The following regulated activities are determined by this chapter to be limited in scope and limited in potential impact. The approval authority for permits to conduct these regulated activities shall be the Town Engineer/Building Inspector. In the event that, upon review of the request for an administrative permit, the Town Engineer/Building Inspector determines that the granting of an administrative permit would be inappropriate in light of §§ 56-3 and 56-4 of this chapter, the Town Engineer/Building Inspector shall neither approve nor deny the application but rather shall forward the application to the Planning Board for processing in accordance with the procedures set forth in this chapter.
(1)
A regulated activity which does not require subdivision
approval, site plan approval or the issuance of a special permit by either
the Town Board or the Planning Board and where any deposition or removal of
material from the wetland or buffer area is not in excess of 20 cubic yards
over a one-year period.
(2)
Construction of a driveway or walkway when the intrusion
is less than 25% of the wetland area.
(3)
Crossing of a natural drainage system where a single
culvert less than 25 feet in length and 18 inches in diameter is required.
C.
Exempt activities within a wetland or wetland buffer.
The following activities are exempt from this chapter to the extent that said
activities do not constitute a pollution or erosion hazard or interfere with
proper drainage, and provided that the activities do not require structures,
grading, fill, draining or dredging:
(1)
Normal ground maintenance, including mowing, trimming
of vegetation and removal of dead or diseased vegetation around a residence.
(2)
Repair of walkways, walls, docks, boat-launching facilities
and other such water-related structures.
(3)
Decorative landscaping and planting in wetland buffers.
(4)
Public health activities, orders and regulations of the
Orange County Department of Health and/or the New York State Department of
Health for emergencies only.
(5)
Deposition or removal of natural products of wetlands
in the process of recreational or commercial fishing, shellfishing, aquiculture,
hunting or trapping, but excluding excavation and removal of peat or timber.
A.
Application. Any person proposing to conduct a regulated
activity in a wetland or wetland buffer where such activity requires a wetland
permit shall file an application for a permit with the approval authority,
which application shall contain the following information:
(1)
The name and address of the property owner and the applicant.
(2)
The street address and Tax Map designation of the property
involved.
(3)
A statement of consent from the property owner for any
agent making application.
(4)
A statement of proposed plans or activity and the purpose
thereof, showing the following:
(a)
The location of the activity or area proposed to be disturbed
and its relation to property lines, buildings, roads and watercourses within
250 feet.
(b)
The estimated quantities of materials to be deposited
or removed.
(c)
The location of any well and of any waste disposal system
within 100 feet of the proposed activity.
(d)
Details of any drainage system proposed to conduct the
work.
(e)
Existing and adjusted contours at two-foot intervals
in the area of the proposed operation or project and to a distance of 100
feet beyond.
(5)
Applications affecting the water-retention capacity,
water flow or other drainage characteristics of any water body, stream, natural
drainage system or wetland shall include a statement of the project on upstream
and downstream areas, giving appropriate consideration to other than normal
levels of watercourses and amounts of rainfall.
(6)
Such other design specifications, engineering studies
or impact considerations as the approval authority may deem essential. The
approval authority shall notify the applicant within 60 days of receipt if
such additional information is necessary.
B.
Application fee. The application shall be accompanied
by a fee of $35.
[Amended 10-15-1990 by L.L. No. 8,
1990]
C.
Receipt of application. Upon receipt of the application,
the approval authority shall forward one copy of the application to the Town
Engineer, one copy to the Town Board and one copy to the Town Clerk. The Town
Engineer, or other such professional as may be indicated by the scope of the
work involved, shall review the application and shall file a written report
with the approval authority with recommendations concerning the application.
Such report shall evaluate the proposed regulated activity in terms of the
findings, intent and standards of this chapter.
D.
Public hearing. Within 60 days after the receipt of a
complete application, the approval authority shall hold a public hearing on
such application, notice of such hearing to be published at least 10 days
in the newspaper last designated as the official newspaper of the Town of
Monroe for the publication of legal notices. All applications, maps and documents
relating thereto shall be available for public inspection at the Town Hall.
At such hearing, any person or persons having an interest may appear and be
heard. To the greatest extent practicable, such hearings shall be incorporated
with any other public hearing conducted by the approval authority in connection
with the activity for which approval is sought.
E.
Considerations.
(1)
The approval authority shall, within 60 days of the closing
of the public hearing, render a decision to approve, deny or approve with
modifications the application. If additional applications are pending before
the approval authority, the approval authority may render its decision at
the same time as its decision on any additional application.
(2)
In approving, denying or approving with modifications
an application, the approval authority shall state for the record and file
with the Town Clerk written findings and reasons for all actions taken in
consideration of the following:
(a)
All evidence offered at any public hearing.
(b)
Any report from other federal, county or town officials.
(c)
Additional data requested by the approval authority.
(d)
All relevant facts and circumstances, including but not
limited to:
[1]
The direct and indirect environmental impact of the proposed
action on wetlands and/or wetland buffers.
[2]
Alternatives to the proposed action.
[3]
The effect of the proposed activity on wetland functions.
[4]
The proposed safeguards for the protection, preparation
and proper maintenance of the wetland.
[5]
The adequacy of safeguards to protect surface water and
groundwater resources from drought, pollution, overuse and other forms of
misuse.
[6]
The availability of further technical improvements or
safeguards that could be added to the plan or action.
[7]
The proposed plans for the replacement and/or enhancement
of wetland areas.
F.
Conditions of approval. In approving any application,
the approval authority may impose such conditions or limitations as it determines
necessary to ensure compliance with the intent, purpose, standards and public
policy of this chapter, such as but not limited to the following:
(1)
A performance bond or collateral as a condition of approval,
the amount and surety of such bond or collateral to be approved by the Town
Board.
(2)
Certification by the applicant of insurance against liability
which might result from the proposed operation or use covering any and all
damages which might occur or an amount to be determined by the Town Board
commensurate with the scope of the proposed action.
G.
Validity of permit. The approval authority may fix a
reasonable time for the completion of an action, but unless otherwise specified,
it shall be valid for a period of one year. Upon good cause shown, the approval
authority may extend the period of validity for an additional one year.
H.
Transfer of permit. Permits may be transferred to new
legal owners or applicants of the affected property so long as the conditions
and plans, as approved, remain unchanged. Notice of such transfer of permits
must be filed with the Town Clerk within 30 days of the transfer.
A.
Application. Any person proposing to conduct a regulated
activity in a wetland or wetland buffer requiring an administrative permit
shall file an application with the Town Engineer/Building Inspector, which
application shall contain the following information:
(1)
The name and address of the property owner and the applicant.
(2)
The street address and Tax Map designation of the property
involved.
(3)
A statement of consent from the property owner for any
agent making application.
(4)
A statement of the proposed plans or activity and the
purpose thereof, showing the following:
(a)
The location of the activity or area proposed to be disturbed
and its relation to property lines, buildings, roads and watercourses within
250 feet.
(b)
The estimated quantities of materials to be deposited
or removed.
(c)
The location of any well and of any waste disposal system
within 100 feet of the proposed activity.
(d)
Details of any drainage system proposed to conduct the
work.
(e)
Existing and adjusted contours at two-foot intervals
in the area of the proposed operation or project and to a distance of 100
feet beyond.
(5)
Such other design specifications, engineering studies
or impact considerations as the Town Engineer/Building Inspector may deem
essential. The Town Engineer/Building Inspector shall notify the applicant
within 30 days of receipt if such additional information is necessary.
B.
Application fee. The application shall be accompanied
by a fee of $35.
[Amended 10-15-1990 by L.L. No. 8,
1990]
C.
Receipt of application. Upon receipt of the application, the Town Engineer/Building Inspector shall forward one copy of the application to the Planning Board and one copy to the Town Clerk. The Town Engineer/Building Inspector shall review the application and any supporting plans and documentation for the purpose of determining whether or not the application is eligible for treatment under the provisions of § 56-6B of this chapter, Regulated activities requiring an administrative permit. If the Town Engineer/Building Inspector requires additional information, plans or specifications in order to make such determination, the applicant shall be notified within 15 days after receipt of the application by the Town Engineer/Building Inspector.
D.
Eligibility. If the Town Engineer/Building Inspector
determines that the application is not eligible for an administrative permit
or, at his discretion, the Town Engineer/Building Inspector elects not to
process the application pursuant to the provisions of this chapter, the Town
Engineer/Building Inspector shall so notify the applicant and the Town Clerk,
in writing, and forward the application to the Planning Board for processing.
E.
Decision. If the Town Engineer/Building Inspector determines
that the application is eligible for an administrative permit, the Town Engineer/Building
Inspector shall, within 30 days of receipt of the application, render a decision
to approve, deny or approve with modifications the application.
F.
Consideration of action. In approving, denying or approving
with modification an application, the Town Engineer/Building Inspector shall
provide written findings and reasons for the actions taken and file them with
the Town Clerk and Planning Board. Such findings and reasons shall take into
consideration the following:
(1)
All relevant facts and circumstances, including but not
limited to:
(a)
The direct and indirect environmental impact of the proposed
action on wetlands and/or wetland buffers.
(b)
Alternatives to the proposed action.
(c)
The effect of the proposed activity on wetland functions.
(d)
The proposed safeguards for the protection, preparation
and proper maintenance of the wetlands.
(e)
The adequacy of safeguards to protect surface water and
groundwater resources from drought, pollution, overuse and other forms of
misuse.
(f)
The availability of further technical improvements or
safeguards that could be added to the plan or action.
(2)
Any report from other town officials, boards or federal
and county officials.
G.
Conditions of approval. In approving an administrative
permit, the Town Engineer/Building Inspector may impose such conditions or
limitations as determined necessary to ensure compliance with the intent,
purpose, standards and public policy of this chapter, such as but not limited
to the following:
(1)
A performance bond or collateral as a condition of approval,
the amount and surety of such bond or collateral to be approved by the Town
Board.
(2)
Certification by the applicant of insurance against liability
which might result from the proposed operation or use covering any and all
damages which might occur or an amount to be determined by the Town Board
commensurate with the scope of the proposed action.
H.
Validity. The Town Engineer/Building Inspector may fix
a reasonable time for the completion of an action, but unless otherwise specified,
an administrative permit shall be valid for a period of one year.
I.
Transfer of permits. Administrative permits may be transferred
to new legal owners or applicants of the affected property so long as the
conditions and plans, as approved, remain unchanged. Notice of such transfer
of permits must be filed with the Town Clerk within 30 days of the transfer.
A.
Zoning Board of Appeals. Any person aggrieved by any
decision of the approval authority in granting either an administrative permit
or a wetland permit may take an appeal to the Town Zoning Board of Appeals
within 20 days from the filing of said decision with the Town Clerk. Upon
receipt of the notice of appeal, the Town Clerk shall forward a copy thereof
to the Zoning Board of Appeals at its next regular meeting, and the Zoning
Board of Appeals shall set a time within 30 days thereafter when a hearing
on such appeal will be heard. At such hearing, any interested person or agency,
including but not limited to the appellant and the Town Engineer/Building
Inspector, may appear and give testimony.
C.
Stay in decision. The filing of a notice of appeal pursuant
to the provisions of this section shall automatically affect a stay in the
decision of the approval authority, and such stay shall remain in effect until
the appeal has been acted upon by the Zoning Board of Appeals as provided
for in this section.
D.
Judicial appeal. Any person aggrieved by a decision of
the Planning Board or the Zoning Board of Appeals may appeal in accordance
with the provisions of Article 78 of the New York Civil Practice Law and Rules.
A.
In the event that there is a violation of any provision
of the permit or any condition duly imposed, wherein the violation may create
irreparable damage to the wetland or wetland buffer, the permit holder or
agent or contractor shall, at the sole direction of the Town Engineer of the
Town of Monroe, be issued a written order to cease all work creating or causing
said violation. Said notice shall be delivered in person or by certified or
registered mail.
B.
The permit holder shall appear before the approval authority
at a special hearing not more than 14 days from the date that the notice of
cease work is received by the permit holder. If, after the special hearing,
the approval authority finds and determines that the applicant has failed
to comply with any of the terms and conditions set forth in the application
and/or permit, the approval authority may revoke the permit.
Any person found to have violated or disobeyed any provision of this
chapter, any order of the approval authority or any condition duly imposed
by the approval authority in a permit granted pursuant to this chapter shall,
for the first offense, be guilty of a violation punishable by a fine of not
less than $50 nor more than $100. For each subsequent offense, such person
shall be guilty of a violation punishable by a fine of not less than $500
nor more than $1,000 and imprisonment for not more than 30 days. The imposition
of penalties herein prescribed shall not preclude the town from instituting
appropriate legal actions or proceedings to prevent or enjoin any violation
of this chapter.