[HISTORY: Adopted by the Town Board of the
Town of Yorktown 10-4-1994 by L.L. No. 24-1994. Amendments noted where
applicable.]
A.
This chapter shall be known as the "Conservation Area
Protection Law of the Town of Yorktown." It is a chapter regulating
certain land use for the purpose of preserving or maintaining the
scenic, open, historic, architectural, natural or open physical condition
of the real property.
B.
Section 140-7 of this chapter designates certain parcels of land as conservation areas. To be eligible to be designated as a conservation area there must be a preexisting conservation easement established by the owner. Once a parcel is designated as a conservation area, activities which negatively impact the environmental aspects of the parcel are designated as regulated acts. For the owner to thereafter engage in a regulated act, not only must a permit be obtained under this chapter, but the underlying conservation easement must be amended or released. This chapter does not change or alter the existing procedures for amending or releasing the underlying conservation easement. Section 140-15 contains an express limitation of powers to be exercised under this chapter and prohibits an attempt to alter or release any conservation easement; any attempted exercise in this regard would be voidable. Accordingly, and in view of § 140-12A(7), anyone wishing to engage in a regulated act should first seek to amend or release the underlying conservation easement, independently of this chapter and, if successful, could thereafter apply for a permit pursuant to this chapter. Section 140-12A(7) provides that one of the standards for permit decisions is whether the holder of the conservation easement and those benefited or impacted have consented to the activity.
C.
Although the approval authority will not adjudicate
private rights, permits cannot be issued unless the holder of the
conservation easement has amended or released the easement. If such
easement has been amended or released, then the approval authority
may consider an application within the framework of this chapter.
Given the importance and significance of conservation areas, it is
anticipated that few, if any, permits will be granted as conservation
area protection would serve as the last line of defense against activities
permitted by the ill-advised amendment or release of conservation
easements by others.
This chapter is enacted pursuant to the Municipal
Home Rule Law and any and all applicable laws, rules and regulations
of the State of New York. Nothing contained herein shall be deemed
to conflict with any such laws, rules or regulations.
The Town Board determines that in order to implement the state policy, as declared in § 4 of Article XIV of the State Constitution and Article 14 of the Parks, Recreation and Historic Preservation Law, of preserving and protecting its environmental resources and its historic, architectural and cultural amenities and resources, the preservation of open spaces and areas in their natural and scenic state, including preservation and development of agricultural and forest lands for productive use in the town's agriculture and forestry industries, is fundamental to assuring balanced growth of the town, preserving recreational opportunities, maintaining an attractive community and continuing the productive growth in both rural and urban areas of the town.
It is the intent of the Town of Yorktown that
activities in conservation areas conform to all applicable building
codes and other regulations and that such activities not threaten
public safety or welfare or the natural environment or cause nuisances.
A.
It is declared to be the intent of the Town of Yorktown
to control, protect, preserve, conserve and regulate the use of conservation
areas within the Town of Yorktown to ensure that the benefits found
to be provided by conservation areas will not be lost.
B.
These regulations are enacted with the intent of providing
a reasonable balance between the rights of the individual property
owners and public interest in preserving the valuable functions of
conservation areas.
C.
It is the intent of this chapter to incorporate conservation
area protection into the town's land development regulations.
A.
Except where specifically defined herein, all words
used in this chapter shall carry their customary meanings. Words used
in the present tense include the future and the plural includes the
singular.
B.
APPLICANT
APPROVAL AUTHORITY
AQUICULTURE
CONSERVATION AREA
CONSERVATION BOARD
DATE OF RECEIPT OF APPLICATION BY APPROVAL AUTHORITY
DEPOSIT
DISCHARGE
DRAIN
DREDGE
ECOLOGIST/BOTANIST
ENVIRONMENTAL CLERK
ENVIRONMENTAL CODE INSPECTOR
EXCAVATE
GRADING
MATERIAL
NATURAL MATERIAL
PERMIT
PERSON
PLANNING BOARD
PROJECT
REMOVE
SOIL SCIENTIST
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
STRUCTURE
TOWN
TOWN BOARD
TOWN CLERK
TOWN ENGINEER
As used in this chapter, the following terms shall
have the meanings indicated:
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof, who has a request for a permit to conduct a regulated activity
before the approval authority.
The administrative board or public official empowered to
grant or deny permits under this chapter, to require a posting of
bonds as necessary and to revoke or suspend a permit where lack of
compliance to the permit is established. The approval authority shall
be the Planning Board of the Town of Yorktown, which shall act as
the approval authority on all permit applications.
Cultivating and harvesting products, including timber and
vegetation, that are produced naturally in conservation areas, but
does not include excavation fillings, dredging, mining or the construction
of any buildings or any structures.
An area of land which has been designated in § 140-7.
The duly appointed Conservation Board of the Town of Yorktown,
as created pursuant to § 239 of the General Municipal Law.
[1]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 law.
To fill, grade, discharge, emit, dump or place any material
or the act thereof.
The emission of any water, substance or material into a conservation
area whether or not such substance causes pollution.
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 by reason of education
and work experience of the physical, chemical and biological sciences
related to the physiology, identification and distribution of native
plants and vegetative associations and of methods to describe, classify
and delineate vegetative species and associations to a degree acceptable
to the Conservation Board and to the approval authority.
An employee of the Town of Yorktown, or an independent contractor
engaged by the Town of Yorktown, designated to perform, inter alia,
the duties of the Environmental Clerk, as set forth in this chapter.
The duly appointed town official(s) charged with the duty of inspecting and enforcing the environmental laws of the Town of Yorktown, including but not limited to Chapter 165, Erosion and Sediment Control, Chapter 178, Freshwater Wetlands, and this chapter
To dig out and remove any material.
To adjust the degree of inclination of the natural contours
of the land, including leveling, smoothing and other modification
of the natural land surface.
Liquid, solid or gaseous substances, including but not limited
to soil, silt, gravel, rock, clay, peat, mud, debris and refuse; organic
or inorganic compound, chemical agent or matter; sewage sludge or
effluent; or industrial or municipal solid waste.
Material existing on the site at the time the conservation
easement was created, excluding plastic, paper, metals and rubber.
That form of written municipal approval required by this
chapter for the conduct of a regulated activity within a conservation
area.
See "applicant."
The duly appointed Planning Board of the Town of Yorktown
as created pursuant to § 271 of the Town Law.
Any proposed or ongoing action which may result in direct
or indirect physical or chemical impact on a conservation area, including
but not limited to any regulated activity.
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or grade or the act thereof.
A person having special knowledge by reason of education
and work experience 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, to a
degree acceptable to the Conservation Board and to the approval authority.
The law pursuant to Article 8 of the New York Environmental
Conservation Law providing for environmental quality review of actions
which may 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, tree houses,
tennis courts, swimming pools, poles, fences, pipes and lines.
The Town of Yorktown.
The duly elected Town Board of the Town of Yorktown.
The duly elected Town Clerk of the Town of Yorktown.
Any person employed by the Town of Yorktown as the Town Engineer.
Only areas which are subject to conservation
easements by agreement or a grant of easement or have been designated
as such on a plat or map filed with the Westchester County Clerk may
be designed as a "conservation area." The following parcels of land
are designated as conservation areas:
|
(Reserved)
|
The provisions of this chapter shall apply to
all lands defined and/or designated as conservation areas.
It shall be unlawful, in the absence of a specific written permit issued by the approval authority, to do any of the following activities in any conservation area, unless such activity has been permitted in § 140-7.
A.
Placement or any construction or use of any structure.
B.
Any form of draining, dredging, excavation or removal
of material, either directly or indirectly.
C.
Any form of dumping, filling or depositing of material,
either directly or indirectly.
D.
Installation of any service lines or cable conduits.
E.
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 discharging of sewage treatment effluent or other
liquid wastes into or so as to drain into a conservation area.
F.
Alteration or modification of natural features and
contours.
G.
Alteration or modification of natural drainage patterns
and watercourses.
H.
Installation of any pipes or wells.
I.
The cutting or destruction of trees or destruction,
mowing or trimming of vegetation.
J.
Plowing and/or harrowing.
K.
Grazing of horses and/or other animals.
A.
The application shall contain the following information:
(1)
The name and address of the owner.
(2)
The street address and Tax Map designation of the
property.
(3)
A statement of authority from the owner for any agent
making application.
(4)
A statement of proposed work and the purpose thereof
and an explanation of why the proposed activity cannot be located
at another site.
(5)
A list of names of the owners of record of lands adjacent
to the conservation area in which the project is to be undertaken
and the names of claimants of rights, which relate to any land within,
or within 100 feet of the boundary of the property on which the proposed
regulated activity will be located.
(6)
Complete plans and estimates for the proposed site
improvements, 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 50 feet,
and showing the following:
(a)
The location of all conservation areas, environmentally
sensitive areas, wetlands and/or watercourses on the site under review
and within 200 feet, as determined by a qualified ecologist/botanist
and/or soil scientist, no earlier than 12 months prior to the date
of filing the application.
(b)
A description of the vegetative cover of the
regulated area, including the dominant species.
(c)
A description of the soil types on-site.
(d)
The location of the construction area or area
proposed to be disturbed and its relation to property lines, roads,
buildings and watercourses within 250 feet.
(e)
The exact locations, specifications and amounts
of all proposed fill, grading, draining, dredging and vegetation removal
or displacement, including the amount computed from cross-sections,
and the procedures to be used to do the work.
(f)
The location of any well(s) and depth(s) thereof
and any disposal system.
(g)
Existing and adjusted 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 site at contour intervals of no greater than 10 feet.
(h)
Details of any temporary or permanent drainage
system proposed both for the conduct of the work and after completion
thereof, including locations at any point discharges, artificial inlets
or other human-made conveyances which would discharge into the conservation
area, wetland or wetland buffer and measures proposed to control erosion
both during and after the work.
(i)
Where creation of a structure is proposed, details
of the construction must be provided.
(j)
A completed long-form environmental assessment
form as required by the New York State Environmental Quality Review
Act.
(k)
All information relating to a permit application,
including but not limited to the application itself, additional required
materials or information, notices, record of hearings and written
comments.
(7)
Copies of all applicable county, state or federal
permits or permit applications that are required for such work.
B.
The approval authority may require additional information
as needed. Such additional information may include, but is not limited
to, the study of flood, erosion or other hazards at the site; the
effect of any protective measures that might be taken to reduce such
hazards; and any other information deemed necessary to evaluate the
proposed use in terms or the goals and standards of this chapter.
C.
An application fee in the amount set forth in § 168-1, Master Fee Schedule for Land Development Applications and Permits, shall be charged and collected upon the filing of the application.
[Amended 10-5-2010 by L.L. No. 9-2010]
D.
Findings shall be maintained on file in the office
of the Environmental Clerk.
A.
No regulated activity shall be conducted without the issuance of a written permit from the approval authority unless such activity has been permitted in § 140-7.
B.
An application shall not be deemed complete until
and unless the applicant has complied fully with the procedures of
the State Environmental Quality Review Act (Article 8 of the State
Environmental Conservation Law). No conservation area permit may be
issued until the State Environmental Quality Review Act procedures
have been completed.
C.
The original and seven copies of the conservation area permit application shall be filed with the Town Engineer's office along with an application fee in accordance with the fee set forth in § 168-1, Master Fee Schedule for Land Development Applications and Permits. The Town Engineer's office will forward a copy of the application to the approval authority, the Town Attorney, the Planning Director and the Conservation Board.
[Amended 10-5-2010 by L.L. No. 9-2010]
D.
The Conservation Board shall, within 45 days of receipt
of an application, issue a memorandum to the approval authority addressing
the completeness of the application and, if the application is complete,
making a recommendation on approval, denial or approval on condition,
with suggested conditions provided. Failure of the Conservation Board
to issue a timely report shall be considered to constitute an objection
to the application.
E.
The approval authority shall, within 30 days of receipt
of the Conservation Board's memorandum, make a finding of the completeness
of the application. If rendered incomplete, the application shall
be returned to the applicant with a list of deficiencies.
F.
The approval authority shall open a public hearing within 30 days of its finding the application complete or concurrently with the public hearing on any other pending application affecting the same parcel. Public notice of such hearing shall be given at least 10 days prior to the date set for the hearing in a newspaper having general circulation in the town. The applicant shall provide prior notice of such hearing to interested parties pursuant to the provisions of Chapter 205 of the Code of the Town of Yorktown. Within 30 days of the close of the public hearing, the approval authority shall render a written decision on the application.
G.
A conservation area application can be granted without
conditions, granted subject to conditions or denied. Any conditions
of a conservation area permit shall be in writing and shall be attached
to or incorporated by reference into the written decision.
A.
Consideration. In granting, denying or conditioning
any permit, the approval authority shall consider the following:
(1)
All evidence offered at any public hearing.
(2)
Any reports from other commissions and/or federal,
county, state or town agencies.
(3)
Additional requested information by the approval authority.
(4)
All relevant facts and circumstances, including but
not limited to the following:
(a)
The environmental impact of the proposed action;
(b)
The alternatives to the proposed action;
(c)
Irreversible and irretrievable commitments of
resources that would be involved in the proposed activity;
(d)
The character and degree of injury to or interference
with safety, health or the reasonable use of property that is caused
or threatened;
(e)
The suitability or unsuitability of such activity
to the area for which it is proposed; and
(5)
The availability of preferable alternative locations
on the subject parcel or, in the case of activity of sufficient magnitude,
the availability of the reasonable locations.
(6)
The availability of further technical improvements
or safeguards that could feasibly be added to the plan or action.
(7)
Whether the holder of the Conservation Easement and
those directly benefited or impacted have consented to the activity.
B.
Findings.
(1)
Permits will be issued by the approval authority pursuant
to this chapter only if the approval authority shall find that:
(a)
The proposed regulated activity is consistent with the policy of this chapter to preserve, protect and conserve conservation area functions and the benefits they provide, as set forth in § 140-3 of this chapter, by preventing the despoliation and destruction of the conservation area and regulating the development of such areas consistent with the general welfare and development of the town.
(b)
The proposed regulated activity is compatible
with the public health and welfare.
(c)
The proposed regulated activity cannot practicably
be relocated on the site so as to eliminate or reduce the intrusion
into the conservation area.
(d)
The proposed regulated activities are in compliance
with the standards set forth in 6 NYCRR §§ 665.7(e)
and 665.7(g), as amended.
(2)
The applicant shall have the burden of proof with regard to the required findings set forth in § 140-12B(1).
A.
Any permit issued pursuant to this chapter may be issued with conditions to assure the preservation and protection of affected conservation area, compliance with the policy and provisions of this chapter and the provisions of the approval authority's rules and regulations adopted pursuant to this chapter. Such conditions may be attached as the approval authority deems necessary and pursuant to § 140-11.
B.
Every permit issued pursuant to this chapter shall
be in written form and shall contain the following conditions:
(1)
Work conducted under a permit shall be open to inspection
at any time, including weekends and holidays, by the approval authority,
the Conservation Board, the Town Engineer, the Environmental Code
Inspector or their designated representative(s).
(2)
The permit shall expire on a specified date.
(3)
The permit holder shall notify the approval authority
and the Environmental Code Inspector of the date on which the work
is to begin, at least five days in advance of such date.
(4)
The approval authority's permit shall be prominently
displayed at the project site during the undertaking activities authorized
by the permit.
C.
The approval authority shall set forth, in writing,
findings and reasons for all conditions attached to any permit. These
findings shall be recorded in the file maintained for each permit
application. Conditions may include, but shall not be limited to,
the following:
(1)
Limitations on minimum lot size for any activity.
(2)
Limitation on the total portion of any lot or the
portion of the conservation area on the lot that may be graded, filled
or otherwise noted.
(3)
Modification of waste disposal and water supply facilities
in conjunction with Westchester County Department of Health.
(4)
Imposition of operation controls, sureties and deed
restrictions concerning future use and subdivision of lands, such
as preservation of undeveloped areas in open space use, and limitations
to protect conservation areas.
(5)
Dedication of further easements to protect conservation
areas.
(6)
Erosion control measures.
(7)
Replanting of vegetation and construction of new areas
to replace damaged or destroyed areas.
A.
The approval authority may require that, prior to
commencement of work under any permit issued pursuant to this chapter,
the applicant or permittee shall post a bond in an amount and with
surety and conditions sufficient to secure compliance with the conditions
and limitations set forth in the permit. The particular amount and
the conditions of the bond shall be consistent with the purposes of
this chapter. The bond shall remain in effect until the approval authority
or its designated agent 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 is provided. In the event of
a breach of any condition of any such bond, the Town Board may institute
an action in the courts upon such bond and prosecute the same to judgment
and execution.
B.
The approval authority shall set forth, in writing,
in the file it keeps regarding a permit application its findings and
reasons for imposing a bond pursuant to this section.
No permit granted pursuant to this chapter shall
remove, alter or limit an applicant's obligation to also comply in
all respects with the applicable provisions of any existing conservation
easement or with any other federal, state or local law or regulation,
including but not limited to the acquisition of any other required
permit or approval.
A.
All permits shall expire on completion of the acts
specified and, unless indicated, shall be valid for a period of one
year from the date of issue. No original permit granted pursuant to
this chapter shall be valid for greater than a period of three years
from the date of issue. The approval authority may extend the time
in which the acts specified in the permit must be completed if, in
its opinion, such intention is warranted by the particular circumstances
thereof, for not to exceed two additional periods of 90 days each.
A request for an extension of an original permit shall be made, in
writing, to the approval authority at least 30 days prior to the expiration
date of the original permit, or the first ninety-day extension.
B.
Should a permittee fail to complete the acts specified
in the permit prior to the expiration of the second ninety-day extension,
the original permit shall become null and void and a new permit must
be applied for. The request for a new permit shall follow the same
form and procedure as the original application, except that the approval
authority shall have the option of not holding a hearing if the original
intent of the permit is not altered or extended in any significant
way.
C.
If the approval resolution referring to the conservation
area permit is re-approved by the approval authority, the conservation
area permit is not implicitly re-approved; a separate re-approval
for the conservation area permit must be secured on its own. 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 Environmental Clerk
within 30 days of the transfer.
A.
Mitigation policy. Mitigation shall be permitted as
compensation only for unavoidable conservation area losses. For the
purpose of this chapter, conservation area impacts are necessary and
unavoidable only if all of the following criteria are satisfied:
(1)
There is no feasible on-site alternative to the proposed
activity, including reduction in density, change in use or revision
of road and lot layout, which accomplishes the applicant's objectives;
(2)
There is no feasible alternative to the proposed activity
on another site that is not a conservation area; and
(3)
The proposed activity is compatible with the public
health and welfare and town declared public policy.
B.
Mitigation plan.
(1)
Upon a determination pursuant to Subsection A above that losses are necessary and unavoidable, the Planning Board shall require the preparation of a mitigation plan which shall specify mitigation measures that replace, to the greatest extent possible, the functions of the original conservation area in terms of type, ecological benefits, geographic location and setting and size.
(2)
For the purposes of mitigation, on-site mitigation
shall be the preferred approach; off-site mitigation shall be permitted
only in cases where an on-site alternative is not possible.
(3)
Adequate mitigation for intrusion into conservation
areas shall provide a no overall net loss of conservation areas in
terms of ecological characteristics and function, geographic location
and setting and size. A greater than 1:1 replacement may be necessary
in areas where there is a strong possibility of failure. Adequate
mitigation for intrusion into conservation areas shall preserve the
ecological characteristics and function of the associated conservation
areas.
(4)
Where off-site mitigation is proposed, the same should
be within the areas affected by the development. In this regard, contribution
to a town-adopted conservation area plan may be considered. A town-adopted
Conservation Plan shall be any plan as established upon resolution
of the Conservation Board and approved by resolution of the Planning
Board.
C.
Mitigation plan requirements.
(1)
When required under this chapter, mitigation plans
shall be developed so as to fully compensate for the loss of conservation
areas.
(2)
Any mitigation plan, and all contents thereof, prepared
pursuant to this section and accepted by the approval authority shall
become part of the permit for the application.
A.
Administrative sanctions.
(1)
Damages. Any person who undertakes any conservation area activity without a permit issued hereunder, unless permitted by § 140-7 or who violates, disobeys or disregards any provision of this chapter or any rule or regulation adopted by the approval authority pursuant to this chapter shall be liable to the municipality for civil damages caused by such violation for every such violation. Each consecutive day of the violation will be considered a separate offense. Such civil damages may be recovered in an action brought by the municipality at the request and in the name of the town in any court of competent jurisdiction.
(2)
Restitution. The Town shall have the authority, following
a hearing before the Town Board and on notice to the violator, to
direct the violator to restore the affected conservation area to its
condition prior to violation, insofar as that is possible, within
a reasonable time and under the supervision of the approval authority
or its designate. Further, the Town Board shall be able to require
an adequate bond in a form and amount approved by the approval authority
to ensure the restitution of the affected conservation area. Any such
order of the Town Board shall be enforceable in an action brought
in any court of competent jurisdiction. Any order issued by the Town
Board pursuant to this subsection shall be reviewable in a proceeding
pursuant to Article 78 of the State Civil Practice Law and Rules.
(3)
Stop-work order; revocation of permit.
(a)
In the event that any person holding a conservation
area permit pursuant to this chapter violates the terms of the permit,
fails to comply with any of the conditions or limitations set forth
on the permit, exceeds the scope of the activity as set forth in the
application or operates so as to be materially detrimental to the
public welfare or injurious to wetlands or watercourses, the Environmental
Code Inspector, approval authority and/or Town Engineer may suspend
or revoke the conservation area permit, as follows:
[1]
Suspension of a permit shall be by a written stop-work order issued by the Environmental Code Inspector and delivered to the permittee or his agent or the person performing the work. The stop-work order shall be effective immediately, shall state the specific violations cited and shall state the conditions under which work may be resumed. A stop-work order shall have the effect of suspending all authorizations and permits granted by the town or any agency thereof. The stop-work order shall remain in effect until the approval authority is satisfied that the permittee has complied with all terms of the subject or until a final determination is made by the Town Board as provided in Subsection A(3)(a)[2] below.
[2]
No site development permit shall be permanently
suspended or revoked until a public hearing is held by the Town Board.
Written notice of such hearing shall be served on the permittee, either
personally or by registered mail, and shall state:
(b)
Such notice shall be served on the permittee
at least one week prior to the date set for the public hearing unless
the stop-work order is issued for a violation occurring less than
one week before the next regularly scheduled public meeting of the
Town Board. At such hearing, the permittee shall be given an opportunity
to be heard and may call witnesses and present evidence on his behalf.
At the conclusion of the hearing, the Town Board shall determine whether
the permit shall be reinstated, suspended or revoked.
B.
Criminal sanctions. Any person convicted of having
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 punishable by a fine of not less than $1,000.
For each subsequent offense, such person shall be punishable by a
fine of not less than $2,000 nor more than $15,000 and/or a term of
imprisonment of not more than 15 days. Each consecutive day of the
violation may be considered a separate offense. The term "person,"
as used herein, shall mean a natural person or a corporate person.
C.
Preexisting structures. Any structure existing at the adoption of this chapter which did not exist at the time the conservation easement was created or subdivision plat was filed and was not permitted by such easement or shown upon said plat or permitted in § 140-7 shall be removed within 90 days of the effective date of this chapter, unless a permit has been obtained.
The municipality is specifically empowered to
seek injunctive relief restraining any violation or threatened violation
of any provisions of this chapter and/or to compel the restoration
of the affected conservation area to its condition prior to the violation
of the provisions of this chapter.
A.
Appeal and review.
(1)
Any decision or order of the approval authority or
any officer or employee thereof made pursuant to or within the scope
of this chapter may be reviewed by the Town Board at the request of
any interested party, provided that such review is commenced by the
filing of a notice of review with the Town Board within 30 days after
service of such order or filing of such decision with the Town Clerk.
(2)
Any party to any proceeding before the approval authority
may appeal to the Town Board from any order or decision of the approval
authority or any officer or employee thereof issued or made pursuant
to or within the scope of this chapter, provided that such appeal
is commenced by the filing of a notice of appeal with the Town Board
within 30 days after service of such order or filing of such decision
with the Environmental Clerk.
B.
Judicial review. Any final determination, decision
or order of the approval authority may be judicially reviewed pursuant
to Article 78 of the Civil Practice Law and Rules in the Supreme Court
for Westchester County.
In order to carry out the purposes and provisions
of this chapter, and in addition to the powers specified elsewhere
in this chapter, the following general provisions shall apply:
A.
Consent. The applicant consents to the entry onto
his property by any town agent, including but not limited to members
of the Town Board, Planning Board, Conservation Board, the Town Engineer
or Environmental Code Inspector or their agents to view and review
the property in pursuance of this chapter.
B.
Conflicts. Wherever this chapter is inconsistent with
any other law of the Town of Yorktown, whichever imposes the more
stringent restriction shall prevail.
