Village of Hewlett Neck, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
In order to carry out the purposes and provisions of this chapter, the agency shall have the following powers:
A. 
To appoint officers, agents, employees and prescribe their duties and qualifications and fix their compensation.
B. 
To adopt, amend and repeal, after public hearing (except in the case of rules and regulations that relate to the organization or internal management of the agency), said rules and regulations, consistent with this chapter, as it deems necessary to administer this chapter and to do any and all things necessary or convenient to carry out the purpose policies of this chapter;
C. 
To contract for professional and technical assistance and advice.
D. 
To hold hearings and subpoena witnesses in the exercise of its powers, functions and duties provided for in this chapter.
A. 
To the greatest extent practicable, any public hearing held pursuant to § 161-11 of this chapter shall be incorporated with any public hearing required by or pursuant to the New York State Town Law, Village Law, General City Law, General Municipal Law or Environmental Conservation Law relating to approvals or permits otherwise required for the undertaking of regulated activities on the freshwater wetland or adjacent area in question.
B. 
No permit granted pursuant to this chapter shall remove any person's obligation to comply in all respects with the applicable provisions of any other federal, state or local law or regulation, including but not limited to the acquisition of any other required permit or approval.
A. 
The agency may require that, prior to commencement of work under any permit issued pursuant to this chapter, the permittee shall post a bond with the agency, in an amount determined by the agency, conditioned upon the faithful compliance with the terms of such permit, and for the indemnification of the village for restoration costs resulting from failure to so comply. Such bond shall be issued by a corporate surety authorized to do business in the state and shall be in favor of the village. It shall remain in effect until the agency certifies that the work has been completed in compliance with the terms of the permit or the bond is released by the agency, or a substitute bond is provided.
B. 
The agency shall set forth, in writing, in the file it keeps regarding a permit application, its findings and reasons for imposing a bond pursuant to this section.
A. 
The agency may suspend or revoke a permit issued pursuant to this chapter where it finds that the permittee has not complied with any or all terms of such permit, has exceeded the authority granted in the permit or has failed to undertake the project in the manner set forth in the application.
B. 
The agency shall set forth, in writing, in the file it keeps regarding a permit application, its findings and reasons for revoking or suspending a permit pursuant to this section.
A. 
Administrative sanctions. Any person who violates, disobeys or disregards any provision of this chapter, including any provision of any permit issued pursuant to this chapter or any rule or regulation adopted by the agency pursuant to this chapter, shall be liable to the people of the state for a civil penalty of not to exceed $3,000 for every such violation, to be assessed, 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, by the agency. Such penalty may be recovered in an action brought by the Attorney General at the request and in the name of the agency in any court of competent jurisdiction. Such civil penalty may be released or compromised by the agency before the matter has been referred to the Attorney General, and such penalty may be decreased or compromised and any action commenced to recover the same may be settled and discontinued by the Attorney General with the consent of the agency. In addition, the agency shall have power, following a hearing held in conformance with the procedures set forth in § 71-1709 of the State Environmental Conservation Law, 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 agency. Any such order of the agency shall be enforceable in an action brought by the Attorney General at the request and in the name of the agency in any court of competent jurisdiction. Any civil penalty or order issued by the agency pursuant to this subdivision shall be reviewable in a proceeding pursuant to Article 78 of the State Civil Practice Law and Rules.
B. 
Criminal sanctions. Any person who violates an order, permit or rule or regulation of the agency regulating freshwater wetlands and adjacent areas pursuant to this chapter, shall, in addition, for the first offense, be guilty of a violation punishable by a fine of not less than $500 nor more than $1,000; for a second and each subsequent offense he or she shall be guilty of a misdemeanor punishable by a fine of not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than 15 days nor more than six months, or both. Instead of these punishments, any offender may be punished by being ordered by the court to restore the affected freshwater wetland 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 agency. Each offense shall be a separate and distinct offense as in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
A. 
The Attorney General, upon his or her own initiative, or upon complaint of the agency, shall prosecute persons alleged to have violated any such order of the agency pursuant to this chapter.
B. 
The agency shall have the right to seek equitable relief to restrain any violation or threatened violation of the provisions of this chapter.
A. 
Any decision or order of the agency or any officer or employee thereof, made pursuant to or within the scope of this chapter, may be reviewed by the Board at the instance of any person affected thereby, including but not limited to any owner of the affected wetland or adjacent area and any resident or citizen of the village in accordance with Title 11 of Article 24 of the the Environmental Conservation Law, provided that such review is commenced by the filing with the Board of a notice of review within 30 days after service of such order or notice of such decision given, as the case may be.
B. 
Any party to any proceeding before the agency may make an appeal to the Board in accordance with Title 11 of Article 24 of the State Environmental Conservation Law from its order or decision of the agency, 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 filing with the Board of a notice of appeal within 30 days after service of such order or after notice of such decision given, as the case may be.
C. 
Any decision or order of the agency, or any officer or employee thereof, made pursuant to or within the scope of this chapter may be reviewed at the instance of any person, including but not limited to any owner of the affected wetland or adjacent area and any resident or citizen of the village in accordance with Article 78 of the State Civil Practice Law and Rules, provided that such review is commenced within 30 days of the filing of such decision or order, and the limitation upon the availability of such remedy as prescribed in § 7801 of the Civil Practice Law and Rules shall not be applicable to the applications for review of determinations and orders made pursuant to this chapter.
D. 
The institution of a judicial proceeding to review a determination or order of the agency shall preclude the institution of a proceeding before the Board to review a determination or order. The availability of such review by the Board shall not affect the right of any person to seek review of a determination of the agency as provided in Article 78 of the State Civil Practice Law and Rules.