[HISTORY: Adopted by the Town Board of the
Town of Southampton 6-8-1993 by L.L. No. 16-1993. Amendments noted
where applicable.]
GENERAL REFERENCES
Beaches and waterways — See Ch. 111.
Building construction — See Ch. 123.
Coastal erosion hazard areas — See Ch. 138.
Environmental quality review — See Ch. 157.
Flood damage prevention — See Ch. 169.
Protection of natural resources — See Ch. 229.
Shellfish — See Ch. 278.
Subdivision of land — See Ch. 292.
Freshwater wetlands — See Ch.
325A.
Zoning — See Ch. 330.
Management of Town waters — See Ch. A340.
A.
The Town Board of the Town of Southampton finds and
declares it to be the public policy of the Town to protect and conserve
its wetlands and the benefits derived therefrom. It is the further
policy of this Board to achieve no overall net loss of the Town's
remaining wetlands and to restore and create wetlands, where prudent
and necessary, to offset losses and increase the quantity and quality
of the Town's wetland resource base.
B.
To achieve these goals, the Town of Southampton shall,
by way of this chapter, seek to avoid or minimize damage to wetlands
to the maximum extent possible by establishing local land-use controls
which place a priority on the protection of natural vegetation and
the preservation of wetland buffer zones. Buffer zones are critical
in protecting the integrity of wetlands from potentially harmful effects,
including their function in preventing drying and windthrow, intercepting
pollutants migrating toward wetlands and providing essential wildlife
habitat.
C.
It is the further intent of the Town that this chapter
be part of a comprehensive approach to managing the water resources
of Southampton by integrating wetland protection with other programs
and local laws already adopted by the Town. This program shall also
include addressing the major causes of surface and groundwater degradation
through stormwater abatement and wastewater disposal controls; stronger
coastal land use planning and zoning; local waterfront revitalization;
land acquisition; and wetlands stewardship.
A.
The wetlands of Southampton are indispensable and
fragile natural resources which are immensely important to both the
environmental and economic health of the Town. The rich assemblage
and complex variety of wetland habitats, ranging from small wet depressions,
interdunal swales and vernal ponds to expansive marshes, swamps, bays,
creeks and ponds, sustain a multitude of natural functions and values,
making them essential to maintaining the ecology and biodiversity
of the region. The Town Board finds:
(1)
Southampton's coastal marshes are some of New York
State's finest, providing home to northern harrier, least and roseate
terns, nesting osprey and migrating peregrine falcons, all endangered
or threatened statewide.
(2)
Vital breeding, nesting and staging grounds for thousands
of waterfowl, wading birds, shorebirds, raptors, warblers and other
songbirds are offered, with huge concentrations of migratory birds,
en route along the Atlantic Flyway, seeking out the barrier beaches
and marine shorelines to rest and refuel each spring and fall.
(3)
Tideland waters and estuaries are critical as overwintering
areas for harbor seals and countless ducks and geese, and support
a rich mollusk fauna and productive finfish population, which are
the basis of the Town's vital commercial fishery and shellfishery
industries.
(4)
Southampton's freshwater wetlands are equally significant,
and include, among other habitats, exemplary coastal plain pond shore
habitats containing numerous rare and endemic species, and some of
the state's most vigorous and extensive uncut stands of Atlantic white
cedar swamp.
(5)
Coastal lands and waters provide an almost year-round
recreation season for residents and tourists alike, and are especially
favored by those who enjoy fishing, boating, hunting, birdwatching,
sightseeing and swimming. Excellent opportunities are also offered
for those seeking inspiration or solitude, as the scenic quality,
panoramic vistas and intriguing natural beauty of Southampton's wetlands
are, without question, unsurpassed. These attractions translate into
local economic dollars, as related services for manufacturing and
maintenance of boat and marine equipment and motel accommodations
have far-reaching economic benefits.
(6)
Wetlands play crucial roles in improving and maintaining
the quality of our surface and groundwaters, by filtering out harmful
chemicals, pesticides, heavy metals, bacteria, septic and organic
wastes and excess nutrients, such as nitrogen and phosphorous, which
otherwise would result in overenrichment of both fresh and marine
waters and be toxic to aquatic life, causing fish kills, algal blooms
and closure of shellfish areas. Groundwaters often feed and interface
with wetlands, thus the natural water purification roles of these
systems, including their importance in preventing saltwater intrusion
into groundwater, likely help to maintain the quality of the water
we drink.
(7)
Coastal marshlands also provide flood and storm damage
protection for our shore and waterfront areas by reducing the impact
of storm tides and waves. Wetland plants trap suspended sediments
and stabilize underwater soils, thus preventing turbidity and helping
to keep our channels and watercourses navigable.
B.
Many of the Town's wetlands have been lost or impaired
by clearing, filling, excavating, building, drainage, pollution and
other actions. Water pollution, as evidenced by continued declines
in commercial and recreational fin and shellfish catches, prohibitions
on harvest and the loss of biological productivity in coastal habitats
remains a serious problem for coastal areas. Brown tide continues
to threaten our bays. Available information about the brown tide phenomenon
emphasizes the need for a policy of comprehensive protection of bays
through surrounding land use controls.
C.
Although both the Town and state have enacted various
laws and regulations over the past decade to protect and manage wetlands,
the existing regulatory programs have not provided adequate protection
for these resources. This loss of wetlands and lack of conservation
measures deprives Southampton's citizens not only of a healthy living
environ but of a healthy economy. It is therefore necessary for the
Town of Southampton to assert new leadership in wetland protection
activities by intensifying its efforts to conserve this resource and
secure its benefits through the establishment of local land use regulations
which discourage those activities that may adversely affect wetlands
and which encourage restoration of already degraded or destroyed systems.
As used in this chapter, the following terms
shall have the meanings indicated:
A written permit, signed by the Chief Environmental Analyst, issued in response to a written request to conduct a regulated activity described in § 325-7B in a wetland or within 200 feet of a wetland boundary.
[Added 4-27-2001 by L.L. No. 18-2001]
Any man-made pond that is created by using an artificial
seal to prevent water from seeping into the ground.
Any bank or cliff with a precipitous or steeply sloped face
adjoining a beach or body of water.
[Added 4-27-2001 by L.L. No. 18-2001]
The outer limit of the vegetation, submerged lands and/or
water, specified in the definition of "freshwater," "brackish" or
"tidal" wetlands.[1] The wetland boundary is to be defined and flagged at the
point where existing wetland indicator species no longer have a competitive
advantage over upland species. Wetland and upland plants will mix
together at this transition zone. The methodology used to determine
this boundary shall be the same methodology utilized in the New York
State Department of Environmental Conservation (NYSDEC) Technical
Methods Statement relating to the Freshwater Wetlands Act; to wit,
if the innermost portion of a wetland is effectively 100% wetland
plants, the next concentric ring shows an area of 75% wetland species,
and the outer ring is a fifty-percent mix where the competitive advantage
of upland species is demonstrated, the boundary line will be drawn
at the midpoint of the outer ring. Where a site is dominated by facultative
species which are characteristic of Long Island wetlands, such as
red maple (Acer rubrum) and black tupelo (Nyssa sylvatica), a community
approach shall be used in determining the wetland boundary. The test
of what constitutes a wetland community will be satisfied if the species
are those included in the description of natural wetland community
types as documented by the New York Natural Heritage Program in the
March 1990 manual entitled "Ecological Communities of New York State."
[Amended 4-27-2001 by L.L. No. 18-2001]
The distance between a wetland boundary and the closest permissible
location to such boundary for a regulated activity, as established
by the approving authority.
The Chief Environmental Analyst of the municipality or any
person duly appointed or designated to act as such Chief Environmental
Analyst.
[Added 4-27-2001 by L.L. No. 18-2001]
A property that is being utilized, or includes existing vacant
structures formerly utilized prior to April 27, 2001, for intensive
residential, commercial, institutional or industrial activities or
combinations of such activities.
[Added 4-27-2001 by L.L. No. 18-2001]
A vertical or near vertical shore protection structure which
is structurally sound and has been engineered to protect uplands by
completely separating the land from the water.
[Added 12-9-1997 by L.L. No. 40-1997]
A sloping shore protection device comprised of tightly packed,
uniformly placed stone or concrete which is structurally sound and
has been engineered to prevent erosion of landward sediments.
[Added 12-9-1997 by L.L. No. 40-1997]
Disturbed or artificial upland vegetative communities such
as mowed lawn, mowed lawn with trees and ornamental tree or shrub
landscapes, and vegetable or flower gardens that are created and maintained
by human activities to such a degree that the physical structure of
the substrate or species composition are substantially different from
the substrate and composition of a naturally vegetated site.
[Added 12-9-1997 by L.L. No. 40-1997]
A written notification from the approving authority or its
designee, issued in response to a written request for a determination,
stating that the proposed activity is exempt from the provisions of
this chapter.[2]
[Added 12-9-1997 by L.L. No. 40-1997]
Management and manipulation of existing grid ditches in marshes
to restore proper hydrology in marshes and create a natural biological
system for mosquito control.
[Added 4-27-2001 by L.L. No. 18-2001]
An alternative which is both available to the applicant and capable of fulfilling the overall purpose of the project. "Available and capable of being done" means the alternative is obtainable and feasible, in terms of reasonable costs, existing technology and best available measures (i.e., most up-to-date technology or the best designs, measures or engineering practices that have been developed or are commercially available), proposed use and project purpose. "Project purposes" shall be defined generally (e.g., construction of a single-family home). The purpose of evaluating practicable alternatives shall be to locate activities so that impacts to the wetland are avoided to the maximum extent practicable. The practicable alternative analysis may reduce the scale of the activity, consistent with the project purpose, proposed use and permit issuance standards set forth in Chapter 325.
[Added 4-27-2001 by L.L. No. 18-2001]
A customary, usual and normal activity to restore the sound
and good state of a structure after decay, dilapidation, injury or
partial destruction, and the routine maintenance necessary from time
to time to keep a structure in a state of good repair, including renovations
which do not increase the floor area of the existing structure.
Anything constructed or erected on or under the ground or
upon another structure or building.
The Trustees of the Freeholders of the Commonalty of the
Town of Southampton.
A permanent constructed stormwater retention or infiltration
basin, made by excavation or embankment construction, whose primary
purpose is to collect, retain and recharge stormwater runoff into
the soil layer and underlying aquifer.
[Added 4-27-2001 by L.L. No. 18-2001]
Includes tidal, freshwater and brackish wetlands as follows:
Lands and submerged lands commonly called "brackish
or intermediate marshes" which occur along coastal rivers, streams,
creeks, bays, lagoons and coves where fresh and salt water mix, and
which frequently form a transition zone or very narrow band between
tidal and coastal fresh marshes. The vegetation of these marshes is
highly varied due to the broad range of salinities characteristic
of this coastal wetland type and often forms a continuum characterized
by a gradual intermixing of tidal and fresh marsh plants. These lands
and waters can occur at some distance inland from tidal watercourses
and tidally flooded salt marshes and are commonly dominated by aquatic
or semiaquatic vegetation of the following types, which depend upon
intermittent permanent flooding or sufficiently waterlogged soils
to give them a competitive advantage over other species:
[Amended 9-13-1994 by L.L. No. 41-1994; 4-27-2001 by L.L. No. 18-2001]
Emergent vegetation, including, among others,
bulrush (Scirpus robustus), three square (Scirpus americanus), big
cordgrass (Spartina cynosuroides), salt meadow grass (Spartina patens),
spike grass (Distichlis spicata), purple loosestrife (Lythrum salicaria),
soft-stemmed bulrush (Scirpus validus), spike rushes (Eleocharis spp.),
water hemp (Acnida cannabina), Mock Bishop weed (Ptilimnium capillaceum),
rose mallow (Hibiscus moscheutos), seashore mallow (Kosteletzkya virginica);
and common reed (Phragmites spp.), provided that such common reed
is underlain by bog, peat, hydric or saturated soils, or is inundated
by brackish surface waters. Field indicators of wetland hydrology
or inundation shall include, among others, visual observation of inundation,
visual observation of soil saturation within 24 inches of the soil
surface, water marks (e.g., silt or pollen lines), drift lines (e.g.,
deposits of water-borne debris), sediment deposits (e.g., sediment
that settled out of standing water on plant bases or objects on the
ground), staining or matting of soils, leaves or vegetation, drainage
patterns in wetlands (e.g., braided channels in wetlands, scouring
of debris, evidence of sheet flow), and local soil survey data (e.g.,
typical water table depths, durations, and soil series mapped in the
county). Field indicators of bog, peat, hydric or saturated soils
shall include characteristic hydric soil profiles, horizons, composition,
color, texture, odor, moisture, taxonomy, and/or soil surveys.
Brackish meadow vegetation, including, among
others, sensitive fern (Onoclea sensibilis), halberd-leaved tearthumb
(Polygonum arifolium), impatiens (Impatiens capensis), American germander
(Teucrium canadense), marsh fern (Thelypteris palustris), soft-stemmed
bulrush (Scirpus americanus), purple loosestrife (Lythrum salicaria),
bristly foxtail (Setaria geniculata), purple gerardia (Agalinis purpurea)
and slender goldenrod (Solidago tenuifolia).
Scrub-shrub vegetation or woody vegetation typically
less than six meters (20 feet) tall, including shrubs, young trees
and trees or shrubs that are small or stunted because of environmental
conditions, including, among others, groundsel-tree (Baccharis halimifolia),
swamp rose (Rosa palustris), arrowwood (Viburnum dentatum), American
elder (Sambucus canadensis) and black gum (Nyssa sylvatica).
Lands and submerged lands commonly called coastal
interdunal marshes which occur as low areas or swales in the dunes
or barrier island, or occur as other coastal depressions landward
of a rise that are not directly connected to open tidal water or tidal
action, where fresh groundwater mixes with salt water and salt spray,
and which are dominated by vegetation of the following types, which
depend on irregular or permanent flooding or sufficiently waterlogged
soils to give them a competitive advantage over other vegetation,
including, among others, aquatic spikerush (Eleocharis parvula), Canada
rush (Juncus americanus), rose mallow (Hibiscus moscheutos), three-square
(Spircus americanus), salt-meadow grass (Spartina patens), switchgrass
(Panicum virgatum), annual salt-marsh fleabane (Pluchea adorata),
groundsel-tree (Bacchaaris halimifolia), annual salt marsh aster (Aster
subulatus), seaside goldenrod (Solidago sempervirens) and common reed
(Phragmites spp.), provided that such common reed is underlain by
bog, peat, hydric or saturated soils.
[Amended 9-13-1994 by L.L. No. 41-1994]
Lands and submerged lands commonly called "marshes,"
"swamps," "sloughs," "bogs" and "flats" supporting aquatic or semiaquatic
vegetation of the following types, which depend upon seasonal or permanent
flooding or sufficiently waterlogged soils to give them a competitive
advantage over other species:
Wetland trees, including, among others, red
maple (Acer rubrum), willows (Salix spp.), black tupelo (Nyssa sylvatica),
swamp white oak (Quercus bicolor), Atlantic white cedar (Chamaecyparis
thyoides), white ash (Fraxinus americana), blue beech (Carpinus caroliniana)
and American elm (Ulmus americana);
Wetland shrubs, including, among others, alder
(Alnus spp.), buttonbush (Cephalanthus occidentalis), highbush blueberry
(Vaccinium corymbosum), sweet pepperbush (Clethra alnifolia), arrowwood
(Viburnum recognitum, V. dentatum), winterberry (Ilex verticillata),
dogwoods (Cornus spp.), inkberry (Ilex glabra) and leatherleaf (Chamaedaphne
calyculata);
Woodland herbaceous groundcovers and ferns,
including, among others, skunk cabbage (Symplocarpus foetidus), Canada
mayflower (Maianthemum canadense), cinnamon fern (Osmunda cinnamomea),
sensitive fern (Onoclea sensibilis), royal fern (Osmunda regalis),
marsh fern (Dryopteris thelypteris) and jack-in-the-pulpit (Arisaema
triphyllum);
Emergent vegetation, including, among others,
cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes
(Scirpus spp.), wildrice (Zizania aquatica), bur-reeds (Sparganium
spp.), purple loosestrife (Lythrum salicaria), swamp loosetrife (Decodon
verticillatus), water plantain (Alisma plantago-aquatica) and common
reed (Phragmites spp.), provided that such common reed is underlain
by bog, peat, hydric or saturated soils or is inundated by fresh surface
waters. Field indicators of wetland hydrology or inundation shall
include, among others, visual observation of inundation, visual observation
of soil saturation within 24 inches of the soil surface, water marks
(e.g., silt or pollen lines), drift lines (e.g., deposits of water-borne
debris), sediment deposits (e.g., sediment that settled out of standing
water on plant bases or objects on the ground), staining or matting
of soils, leaves or vegetation, drainage patterns in wetlands (e.g.,
braided channels in wetlands, scouring of debris, evidence of sheet
flow), and local soil survey data (e.g., typical water table depths,
durations, and soil series mapped in the county). Field indicators
of bog, peat, hydric or saturated soils shall include characteristic
hydric soil profiles, horizons, composition, color, texture, odor,
moisture, taxonomy, and/or soil surveys.
[Amended 9-13-1994 by L.L. No. 41-1994; 4-27-2001 by L.L. No. 18-2001]
Rooted floating-leaved vegetation, including,
among others, waterlily (Nymphaea odorata), water shield (Brasenia
schreberi) and spatterdock (Nuphar spp.);
Free-floating vegetation, including, among others,
duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal
(Wolffia spp.);
Wet meadow vegetation, including, among others,
sedges (Carex spp.), rushes (Juncus oryzoides), reed canary grass
(Phalaris arundinacea), swamp loosestrife (Decodon verticillatus),
spikerush (Eleocharis spp.), joe pyeweed (Eupatorium purpureum) and
boneset (Eupatorium perfoliatum);
Bog mat vegetation, including, among others,
sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla),
leather leaf (Chamaedaphne calyculata), pitcher plant (Sarracenia
purpurea) and cranberries (Vaccinium macrocarpon and V. oxycoccos);
and
Submergent vegetation, including, among others,
pondweeds (Potamogeton spp.), naiads (Najas spp.), bladderworts (Utricularia
spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum
demersum), water milfoils (Nitella spp.), water weeds (Elodea spp.)
and water smartweed (Polygonum amphibium).
Lands and submerged lands containing remnants
of any vegetation that is not aquatic or semiaquatic that has died
because of wet conditions over a sufficiently long period, provided
that such wet conditions do not exceed a maximum seasonal water depth
of six feet, and provided further that such conditions can be expected
to persist indefinitely, barring human intervention;
Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection B(1) of this definition, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation; and
The waters overlying the areas set forth in
§ 325-3B(1) and (2) and the lands underlying (3).
TIDAL WETLANDSAll lands lying in the area inundated by tidal action and/or peak lunar tides exhibiting salt marsh peat and saline or brackish soils at their undisturbed surface; all estuaries, tidal fresh marshes, salt meadow, tidal flats and littoral zones; and all lands which are dominated by one or more of the following plant species or associations: salt marsh hay (Spartina patens), spike-grass (Distichlis spicata), black grass (Juncus gerardi), saltwater cordgrass (Spartina alerniflora), saltwort (Salsola kali), glasswort (Salicornia spp.), sea lavendar (Limonium carolinanus), salt marsh bulrush or chairmaker's rush (Scirpus spp.), sand spurry (Spergularia marina), groundsel bush (Baccharis halimifolia), high tide bush or marsh elder (Iva frutescens), spikerush (Eleocharis spp.), bent grass (Agrotis spp.), sea blite (Suaeda spp.), umbrella sedges (Fimbrisylis spp.), Rose-mallow (Hibiscus moscheutos), narrow-leaf cattail (Typha angustifolia), arrow-grass (Triglochin maritimum), pickerel weed, (Pontederia cordata), blue flag (Iris versicolor), softstem bulrush (Scirpus validus), tussock sedge (Carex stricta) and common reed (Phragmites spp.), provided that such common reed is underlain by bog, peat, hydric or saturated soils or is inundated by tidal waters. Field indicators of wetland hydrology or inundation shall include, among others, visual observation of inundation, visual observation of soil saturation within 24 inches of the soil surface, water marks (e.g., silt or pollen lines), drift lines (e.g., deposits of water-borne debris), sediment deposits (e.g., sediment that settled out of standing water on plant bases or objects on the ground), staining or matting of soils, leaves or vegetation, drainage patterns in wetlands (e.g., braided channels in wetlands, scouring of debris, evidence of sheet flow), and local soil survey data (e.g., typical water table depths, durations, and soil series mapped in the county). Field indicators of bog, peat, hydric or saturated soils shall include characteristic hydric soil profiles, horizons, composition, color, texture, odor, moisture, taxonomy, and/or soil surveys.
[Amended 9-13-1994 by L.L. No. 41-1994; 4-27-2001 by L.L. No. 18-2001]
[1]
Editor's Note: See the definition of "wetlands"
below.
[2]
Editor's Note: Former definitions of "letter
of permission," added 9-13-1994 by L.L. No. 41-1994, as amended, and
"minor project" and "Natural Resources Director," added 12-9-1997
by L.L. No. 40-1997, which immediately followed this definition, were
repealed 4-27-2001 by L.L. No. 18-2001.
A.
This chapter shall apply to all regulated lands within
the Town of Southampton except for the following:
(1)
Land within an incorporated village.
(2)
Bottomlands and wetlands regulated by the Trustees
of the Freeholders and Commonalty of the Town of Southampton.
(3)
Bottomlands of, and wetlands adjacent to, artificially
lined ponds.
(4)
Lands separated from wetlands by a paved road surface
which borders the entire street side property line, provided that
such road was paved prior to August 13, 1993, and provided further
that no direct means of drainage from such lands to the wetland, such
as a culvert, exists.
[Added 9-13-1994 by L.L. No. 41-1994]
B.
This chapter shall apply to all regulated activities
within the Town of Southampton except for the following:
(1)
Activities for which a trustee permit is required.
(2)
Repair of a structure.
(3)
Planting, seeding, cultivating or maintaining, without
the use of fertilizers, a disturbed area in agricultural use or horticulturally
improved on the effective date of this chapter.
(4)
The planting, seeding, cultivating, maintaining or fertilizing of agricultural land by an occupier of agricultural land who has a soil and water conservation plan pursuant to § 9 of the Soil and Water Conservation Districts Law, provided that the plan has been filed with the Conservation Board and a staff member for the Conservation Board has certified that the plan is being implemented by the occupier of the agricultural land.
(5)
Excavation and filling necessary for public improvements
confined to the excavation, construction and installation of stormwater
abatement measures, specifically leaching pool systems, stormwater
retention basins or detention ponds, to control and trap road runoff,
sediments and contaminants, provided that they are not constructed
in wetlands.
(6)
Operation and maintenance of existing dams, sluices,
culverts or other water-control structures or devices which legally
existed on the effective date of this chapter.
(7)
Conservation, preservation or ecologically sound management
of soil, water, vegetation, fish, shellfish and wildlife, including
repair and maintenance of duck blinds or wildlife management shelters.
(8)
Activities for which, as of the effective date of
this chapter, a valid, unexpired State of New York Department of Environmental
Conservation (DEC) tidal or freshwater wetlands permit and, if applicable,
a valid, unexpired freshwater wetlands permit pursuant to the former
Chapter 175 has been issued, or for which a valid, unexpired building
permit has been issued on the basis of a no-jurisdiction letter from
the DEC, provided that the permits or no-jurisdiction letter have
not expired or otherwise become invalid as of the date of the commencement
of the activity.
[Amended 9-28-1993 by L.L. No. 33-1993]
(9)
Any regulated activity which is no closer than 50
feet to surface waters on a residential parcel improved with a functional
bulkhead or rock revetment where the activity is generally perpendicular
to a bulkhead or revetment 100 feet or more in length, and provided
further that no other un-bulkheaded and/or un-revetted wetlands exist
landward of such bulkhead or revetment, and provided further that
such bulkhead or rock revetment was constructed or erected prior to
August 13, 1993, and provided further that no activities related to
construction take place closer than 50 feet to surface waters and
that a project-limiting fence be installed to contain disturbance,
as recommended by the approving authority in its letter of nonjurisdiction.
This provision applies only to those property owners on which the
bulkhead is situated.
[Added 9-13-1994 by L.L. No. 41-1994; amended 12-9-1997 by L.L. No. 40-1997; 4-27-2001 by L.L. No. 18-2001]
(10)
Construction of a second-story addition to an existing
residence which was built prior to August 13, 1993, provided that
such residence is equipped with a septic system that meets current
Suffolk County Department of Health Services standards and does not
require the demolition and rebuilding of the residence to support
a second story, and provided further that no activities related to
the construction take place within wetlands and that a project-limiting
fence be installed to contain disturbance, as recommended by the approving
authority in its letter of nonjurisdiction.
[Added 9-13-1994 by L.L. No. 41-1994]
(11)
Activities that have received final conditional subdivision approval pursuant to § 292-39B. If a subdivision has been approved and more than three years has lapsed, an owner must submit an application for an administrative wetlands permit to the Chief Environmental Analyst for an administrative wetlands permit pursuant to § 325-7.
[Added 4-27-2001 by L.L. No. 18-2001]
(12)
Activities which occur landward of the upper landward
edge of the face of a bluff which lies generally parallel to the most
landward wetland boundary, with the exception of structures and septic
systems which would be no closer than 100 and 150 feet, respectively,
landward of the wetland boundary, and provided further that a nonfertilization/nondisturbance
buffer zone of at least 75 feet in width would be maintained.
[Added 4-27-2001 by L.L. No. 18-2001]
C.
If any part of this chapter conflicts with Town, county
or state law, the law or ordinance that is more protective of the
environment shall prevail.
The approving authority with respect to applications
under this chapter shall be the Conservation Board, except that the
Planning Board shall be the approving authority with respect to any
application which requires site plan, subdivision or special exception
approval. Where the identity of the approving authority is at issue,
the Town Board shall designate the approving authority by resolution.
[Amended 4-27-2001 by L.L. No. 18-2001]
A.
It shall be unlawful to engage in any of the following
activities in a wetland area or within 200 feet of a wetlands boundary
without a permit or an administrative wetlands permit pursuant to
this chapter:
(1)
Place or deposit, or permit to be placed or deposited,
any debris, fill, sand, gravel or other material.
(2)
Clear, dig, dredge or in any other way add to, alter
or remove any material.
(3)
Plant, seed, cultivate or maintain with the use of fertilizers, any lands, other than those exempted under § 325-4B(4), unless the occupier of the land maintains a natural seventy-five-foot buffer from any wetlands boundary.
(4)
Erect, construct, reconstruct or enlarge a structure.
(5)
Build, create or install any cesspool, septic tank,
leaching field or other in-ground sewage or other waste disposal or
storage system, including any pipe, conduit or other part thereof.
(6)
Construct, create, eliminate, enlarge or diminish
in size any wetland by filling, dredging, damming or any other method.
B.
Upon receipt of an application for any kind of permit
or administrative wetlands permit involving a regulated activity,
the official charged with the duty of issuing any such permit may
refer the matter to the Chief Environmental Analyst for assistance
in determining whether the proposed work requires a permit under this
chapter.
C.
The wetland boundary as determined by the Chief Environmental
Analyst shall be presumptively correct. In the event that there is
a dispute with regard to the location of any wetlands boundary between
the location of the boundary as identified by the Chief Environmental
Analyst and the location of the boundary as mapped by the applicant,
the approving authority shall consider evidence at the public hearing
from the applicant and the Chief Environmental Analyst concerning
the location of the boundary. The approving authority shall establish
the final location of the boundary as part of its decision to approve,
approve with modifications or conditions, or deny the issuance of
the permit.
[Amended 9-13-1994 by L.L. No. 41-1994]
A.
The Conservation Board shall provide an application form setting forth the information and documentation required to be submitted by an applicant for a wetlands permit. A digital copy of all application materials shall be submitted in a format determined, and changed as needed, by the Town Clerk. A full environmental assessment form pursuant to the State Environmental Quality Review Act (SEQRA) shall accompany each application considered to be a Type I or unlisted action pursuant to SEQRA. Applications shall be submitted to the Conservation Board, unless the Planning Board is the approving authority for any such application, in which case the application shall be submitted to such Board. No application shall be considered complete until the approving authority has made a determination that the application is a Type II action or has made a negative declaration pursuant to SEQRA or, where a positive declaration has been made, until the approving authority accepts a draft environmental impact statement as complete for review, the report of the Chief Environmental Analyst under § 325-8 has been received and the required fee under § 325-13 has been paid.
[Amended 2-14-1995 by L.L. No. 10-1995; 12-9-1997 by L.L. No. 40-1997; 4-27-2001 by L.L. No. 18-2001; 3-10-2020 by L.L. No. 2-2020]
B.
Activities which require an administrative wetlands
permit shall include the following:
[Amended 4-27-2001 by L.L. No. 18-2001]
(1)
Construction, installation or removal of a fence,
open arbor, trellis or other similar structure and provided further
that such activity will not have an undue adverse impact on wetlands,
bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(2)
Pruning, removal of nuisance and dead or diseased
vegetation or supplemental planting of native vegetation, provided
that any such activity is otherwise authorized and provided further
that such activity will not have an undue adverse impact on wetlands,
bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(3)
Planting, seeding, cultivating or maintaining with use of fertilizers, other than those activities exempted under §§ 325-4B(4) and 325-6A(3) where such activities would occur no closer than 75 feet landward of the wetlands boundary and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands. Where such regulated activities are proposed on undeveloped property(ies), the minimum setbacks shall be 100 feet for turf, fertilizers, pesticides, herbicides, fungicides or similar treatments, landscaping or other clearing or disturbance of natural vegetation.
(4)
Environmental testing activities, including test borings,
soil sampling, environmental assessment and inventory activities,
and provided further that such activity will not have an undue adverse
impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent
to the wetlands.
(5)
Actions designed to provide structural support to
buildings and structures that have incurred or are in imminent peril
of incurring structural damage, without which such buildings may suffer
further failure and provided further that such activity will not have
an undue adverse impact on wetlands, bluffs, cliffs, dunes or other
steep slopes adjacent to the wetlands.
(6)
Demolition or removal of any material or building
or structure, provided that a project limiting fence be installed
to contain disturbance if deemed appropriate and provided further
that such activity will not have an undue adverse impact on wetlands,
bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(7)
Restoration of wetlands and wetland buffers that were
destroyed, substantially altered or degraded due to filling, excavation,
drainage, clearing and/or invasion by nuisance plants, including restoration
of natural ground elevations, natural hydrology, removal of non-native
or nuisance vegetation and planting of native vegetation or habitat
management techniques designed to enhance wetland values and provided
further that such activity will not have an undue adverse impact on
wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to
the wetlands.
(8)
Construction of additions to the landward side of
an existing functional single-family dwelling, where such dwelling
generally lies parallel to the wetland boundary, provided that a nondisturbance/nonfertilization
buffer zone at least 50 feet in width would be maintained.
(9)
Construction of additions to an existing structure, other than those set forth under § 325-7B(8), where such activities would occur no closer than 100 feet landward of the wetlands boundary, provided that a nonfertilization/nondisturbance buffer zone at least 75 in width would be maintained, and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands, provided that such residence is equipped with a septic system that meets current Suffolk County Department of Health Services standards.
(10)
Remodeling, renovation or reconstruction of a structure to comply with § 330-84D (Pyramid Law) of the Town Code and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dune or other steep slopes adjacent to the wetlands.
(11)
Construction of accessory structures for existing
single-family dwellings, where such activities would occur no closer
than 100 feet landward of the wetland boundary, provided that a nonfertilization/nondisturbance
buffer zone at least 75 feet in width would be maintained, and provided
further that such activity will not have an undue adverse impact on
wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to
the wetlands.
(12)
Construction of new single-family dwellings where
such activity and all associated land disturbance would occur no closer
than 125 feet landward of the wetlands boundary, provided that a nonfertilization/nondisturbance
buffer zone of at least 100 feet in width would be maintained and
provided further that such activity will not have an undue adverse
impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent
to the wetlands.
(13)
Construction within the existing footprint of the
primary and accessory structures, provided that such activity would
occur no closer than 75 feet landward of the wetland boundary and
provided that a nonfertilization/nondisturbance buffer zone of at
least 50 feet would be maintained and provided further that such residence
would be equipped with a septic system located no closer than 150
feet to the wetlands boundary and such activity will not have an undue
adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes
adjacent to the wetlands.
(14)
Construction of pervious residential driveways or
walkways, where such activities would occur no closer than 75 feet
landward of the wetlands boundary and provided further that such activity
will not have an undue adverse impact on wetlands, bluffs, cliffs,
dunes or other steep slopes adjacent to the wetlands.
(15)
Construction of access-related structures, including,
but not limited to, structures needed to ensure American Disabilities
Act (ADA) compliance, such as stairs, ramps, walkways, trails and/or
other similar structures, and provided further that such activity
will not have an undue adverse impact on wetlands, bluffs, cliffs,
dunes or other steep slopes adjacent to the wetlands.
(16)
The demolition, removal, relocation, repair and/or
upgrading of existing fuel tanks, fuel lines, fuel dispensers, cesspools,
septic systems or sanitary wastewater activities, including necessary
site work, and provided further that such activity will not have an
undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep
slopes adjacent to the wetlands.
(17)
Installation and connection of underground electric,
sewer, water, gas or other utilities to a residence where such installation
will occur no closer than 75 feet landward of the wetlands boundary
and will involve restoration of existing ground elevation and vegetation
and provided further that such activity will not have an undue adverse
impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent
to the wetlands.
(18)
Open water marsh management measures and provided
further that such activity will not have an undue adverse impact on
wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to
the wetlands.
(19)
Construction of berms no closer than 75 feet landward
of the wetlands boundary, and 100 feet for undeveloped property(ies),
and provided further that such activity will not have an undue adverse
impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent
to the wetlands.
(20)
Construction or installation of a drainage structure
for the retention of runoff, provided that such structure incorporates
the maximum feasible setback from the wetlands and provided further
that such activity will not have an undue adverse impact on wetlands,
bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(21)
Renewal and/or transfer of all permits on the same
conditions as the original permit if there is no change in the natural
or physical conditions or characteristics of the project site which
would warrant reconsideration of the permit. Renewal and/or transfer
of all permits shall be for a period of one year.
(22)
Improvement of existing driveways, but limited to
adding curbing, entrance gates, lighting and improving drainage systems.
C.
Letter of nonjurisdiction. The landowner may request
from the approving authority or its designee a letter of nonjurisdiction.
Such a request must be made in writing and must be made in a form
and manner prescribed by the approving authority. The approving authority
or its designee shall issue a determination within 30 days of receipt
of the properly submitted written request for a determination. If
the request for a determination is denied by the designee of the approving
authority, the person making the request shall have the right to review
of this request by the approving authority. A request for review of
a denial by the designee of the approving authority shall be made
by the person seeking the determination and shall be made in writing
to the approving authority within 30 days of the date of the denial
by the designee of the approving authority. The approving authority
shall make a determination on the denial by the designee of the approving
authority within 30 days after receipt of the written request.
[Added 12-9-1997 by L.L. No. 40-1997]
D.
An application shall include, but not be limited to,
the following information:
[Added 12-9-1997 by L.L. No. 40-1997]
(1)
The name, address and phone number of the applicant,
his/her surveyor and the applicant's agent and/or attorney, if any,
and whether the applicant is the owner, lessee or a contract vendee
of that parcel. An agent or attorney filing an application on behalf
of an applicant shall be required to file an endorsement from the
owner stating that the agent or attorney is authorized to make such
application on their behalf.
[Amended 8-24-2021 by L.L. No. 23-2021]
(2)
The subdivision name, subdivision lot number, the
zoning district, the Suffolk County Tax Map number and the Town-designated
property number, the parcel's location in any zoning overlay districts
and the size of the parcel.
(3)
List whether any rights-of-way, easements, restrictive
covenants or any other encumbrances exist on the parcel, and include
the legal instrument creating said encumbrance.
(4)
(5)
List whether a wetlands permit or letter of nonjurisdiction
has been obtained for the proposed project from the New York State
Department of Environmental Conservation, and, if so, provide a copy
of document.
(6)
List the predominant soil types on the parcel, describe
the drainage characteristics of the property and the depth to groundwater
on the parcel.
(7)
List whether any hunting, fishing or shellfishing
opportunities presently exist on or adjacent to the parcel.
(8)
List whether the property contains any species of
plant and/or animal life listed as rare, threatened or endangered
by the United States of America, the State of New York or the New
York State Heritage Program, and, if so, list the species and its
status.
(9)
List whether the property has ever been used for the
disposal of solid and/or hazardous waste.
(10)
List the dimensions, square footage, type of each
proposed structure and the setback to all wetland boundaries and property
lines for each proposed structure.
(11)
List the type and square feet or acres of vegetation
and soil types, if any, to be cleared or removed.
(12)
List separately the amount of fill to be deposited
on site for a septic system and for the rest of the proposed project.
(13)
List the anticipated water usage per day.
(14)
List whether the application requires the issuance
of federal, state or other local government approval and/or permits.
(15)
A deed and/or title report demonstrating ownership
of the subject parcel.
(16)
A disclosure statement from all owners of the property.
[Amended 8-24-2021 by L.L. No. 23-2021]
E.
Plot plan. The applicant shall provide 10 blue print
copies of a plot plan based upon an up-to-date guaranteed survey giving
a detailed layout of the lot or parcel, drawn to scale, and which
clearly shows:
[Added 12-9-1997 by L.L. No. 40-1997]
(1)
All property lines with directional bearings and distances,
the parcel's relationship to adjoining premises and public streets,
and lot area.
(2)
The nature, size and location of any wetlands as flagged
or verified by the staff of the Department of Land Management, Environmental
Division.
(3)
Existing topography of the site at two-foot contour
intervals as referred to the 1929 NGVD datum, the boundary line of
mean high water where the parcel bounds on tidal waters, and water
depth contours for fill projects or pond enlargements.
(4)
Location of existing and proposed wells and septic
systems, and the location of adjacent wells and septic systems within
150 feet of the subject property.
(5)
The location of all existing and proposed buildings,
structures, improvements, driveways and parking areas, the number
of stories for each structure, with setback dimensions to each structure
from all property lines and wetlands. The closest point from any wetland
should be clearly marked depicting setbacks in liner feet. The existing
and proposed edge of clearing shall also be shown on the survey.
(6)
The location of all known easements, roads, trails,
rights-of-way and utilities on, over or immediately adjacent to the
parcel.
(7)
The zoning district or districts and any zoning overlay
districts in which the subject property is located, the Suffolk County
Tax Map number, a directional arrow indicating North and the lot area.
(8)
The flood zone designation according to FEMA.
F.
Nothing herein shall prevent the approving authority
from requiring an applicant to submit information the approving authority
deems necessary to render a decision on the application during the
approving authority's review of an application.
[Added 12-9-1997 by L.L. No. 40-1997]
A.
Within five days after receipt of an application pursuant
to this chapter, the approving authority shall refer the same to the
Chief Environmental Analyst for review and an advisory report. The
Chief Environmental Analyst shall report back to the approving authority,
in writing, within 30 days of the date of the referral unless the
Chief Environmental Analyst requests, and the approving authority
grants, an extension of time not to exceed one additional period of
30 days.
[Amended 4-27-2001 by L.L. No. 18-2001]
B.
The approving authority shall, no sooner than 30 days and not later than 60 days after the receipt of a complete application, hold a public hearing on any applications submitted pursuant to this chapter unless the public hearing requirement is waived by the approving authority or the approving authority has treated the application as a minor project and has acted under the provisions of § 325-8.1. In determining whether to hold a public hearing, the approving authority shall consider the degree of public interest in the application and the extent to which a public hearing can aid the decisionmaking process by providing a mechanism for collecting relevant data. Whenever any other hearing is required to be held by the approving authority under another article of this Code, the approving authority may combine the hearings and provide for one notice of combined hearings.
[Amended 12-9-1997 by L.L. No. 40-1997]
C.
The approving authority shall give notice of a public
hearing as follows:
(1)
By causing notice of such hearing to be published
in the official Town newspaper and one additional newspaper of general
circulation at least 10 days prior to the date set for such hearing.
[Amended 12-9-1997 by L.L. No. 40-1997]
(2)
By requiring the applicant to erect a white sign or
signs with black lettering, measuring not less than two feet long
and one foot wide, which shall be prominently displayed on the premises
facing each public street on which the property abuts, giving notice
of the date, time and place where the public hearing will be held.
The sign shall not be set back more than 10 feet from the street line
and shall not be less than two nor more than six feet above the grade
at the street line. The sign shall be made of durable material and
shall be furnished by the approving authority. It shall be displayed
for a period of not less than 10 days immediately preceding the public
hearing date. No additional posting shall be required for any adjournment
date. The applicant shall file an affidavit that he has complied with
the provisions of this section.
(3)
By requiring the applicant to mail written notice
of the date, time and place of the hearing, together with a copy of
the application and survey submitted to the approving authority, by
certified mail, return receipt requested, to every property owner,
as shown on the current Town of Southampton assessment rolls, of parcels
abutting the property which is the subject of the application, proof
of which shall be submitted to the approving authority on or before
the commencement of the public hearing in the form of an affidavit
with postal receipts annexed thereto confirming mailing of said notices
at least 10 days prior to the hearing date.
(4)
If the applicant cannot provide the affidavits as required by Subsection C(2) and (3) at the time of the hearing, the applicant shall be required to pay an additional fee established, and changed as needed, by resolution of the Southampton Town Board prior to the rescheduled hearing date. A copy of the fee schedule is on file in the Town Clerk's office and the Department of Land Management. The Conservation Board shall have the authority to waive this fee when in its judgment a waiver of the fee is appropriate.
[Added 12-9-1997 by L.L. No. 40-1997; amended 11-10-2009 by L.L. No. 46-2009]
D.
Within 45 days of the close of any public hearing, the approving authority shall render a decision to approve, approve with modifications or conditions or deny the issuance of a permit for the proposed activity. The approving authority shall also set the term of any permit issued pursuant to its decision, in accordance with the provisions of § 325-11.
E.
If the public hearing requirement has been waived, a decision to approve, approve with modifications or conditions, or deny the issuance of a permit shall be rendered within 45 days of the receipt of a complete application. The approving authority shall also set the term of any permit issued pursuant to its decision, in accordance with the provisions of § 325-11.
[Amended 12-9-1997 by L.L. No. 40-1997; 4-27-2001 by L.L. No. 18-2001]
F.
The approving authority may require covenants, performance/maintenance
bonds or other similar documents to assure that the provisions of
this section are adhered to.
[Added 12-9-1997 by L.L. No. 40-1997]
[Added 4-27-2001 by L.L. No. 18-2001[1]]
A.
The landowner may request from the Chief Environmental Analyst an administrative wetlands permit by completing an application. The application will allow the Chief Environmental Analyst to determine that such activity is described in § 325-7B and that such activity is compatible with the intent and purposes of this chapter and will not have a significant impact on wetlands or their functions and benefits. The application for an administrative wetlands permit must be upon the form provided by the Chief Environmental Analyst and must include the following minimum information:
B.
If the Chief Environmental Analyst determines to issue an administrative wetlands permit, the application procedures set forth in § 325-8 need not be followed. Such administrative wetlands permit shall be issued within 45 days of an accepted request therefor. Nothing herein shall be construed to prohibit the Chief Environmental Analyst from attaching such reasonable conditions to an administrative wetlands permit to ensure that wetlands or their benefits will not be adversely affected.
C.
Administrative wetlands permits will be issued by
and bear the name and signature of the Chief Environmental Analyst
and will specify the:
(1)
Activity for which the permit is issued.
(2)
Address or location where the activity is to be conducted.
(3)
Name and address of the applicant.
(4)
Permit number and date of issuance.
(5)
Period of permit validity. If not otherwise specified,
the permit will expire three years from the date of issuance.
(6)
The terms and conditions of the approval.
D.
If the Chief Environmental Analyst determines that a proposed activity, despite its inclusion in § 325-7B, may have an adverse impact on wetlands or their functions and benefits, the Chief Environmental Analyst may deny to issue an administrative wetlands permit and require an application pursuant to § 325-7D of this chapter. Any such decision shall be communicated to the party requesting the administrative wetlands permit within 15 days thereof and must include a finding of fact that enumerates the basis for the issuance or denial of the permit
E.
Acting on administrative wetlands permits. All decisions
shall be filed in the Town Clerk's office. The Chief Environmental
Analyst will also provide the Conservation Board on a monthly basis
with a list of administrative wetlands permits that were issued or
denied and will also provide the Conservation Board with a description
of the proposed project, location of the proposed project, and the
basis for the issuance/denial of the administrative wetlands permit.
A list of administrative wetlands permits that were issued or denied
will be available to the public on the Town's website. The listing
will include a brief description of the proposed project, the location
of the proposed project and the basis for the issuance/denial of the
administrative wetlands permit.
F.
Upon approval of the application, the Chief Environmental
Analyst shall cause two sets of plans and specifications to be endorsed
with word "approved." The Chief Environmental Analyst shall also cause
an administrative wetlands permit to be issued. Prior to any construction
or land disturbance, the applicant shall prominently display said
administrative wetlands permit on the premises facing each public
street. The applicant shall also keep a copy of the plans and specifications
on site open to inspection by the Chief Environmental Analyst or his
authorized representative at all reasonable times.
G.
The Chief Building Inspector or designee shall accept
applications for administrative wetlands permits, which shall forward
one copy of each application submitted to the Chief Environmental
Analyst.
H.
The Chief Environmental analyst may issue and extend
an administrative wetlands permit for one or more periods of up to
three years each.
J.
The Chief Environmental Analyst may suspend or revoke
an administrative wetlands permit theretofore issued and approved
in the following instances:
(1)
Where he finds that there has been any false statement
or misrepresentations as to a material fact in the application, plans
or specifications on which the administrative wetlands permit was
based;
(2)
Where he finds that the administrative wetlands permit
was issued in error and should not have been issued in accordance
with the applicable law;
(3)
Where he finds that the work performed under the permit
exceeds the scope of the application for which the permit was issued
or there is a violation of one of the conditions of the permit.
[1]
Editor's Note: This local law also stated
that it applied to all subdivision applications that received final
conditional approval after 5-1-2001.
[Amended 1-25-1994 by L.L. No. 4-1994]
A.
Permits shall delineate a specific buffer zone from
the wetlands boundary for activities regulated by this chapter. The
approving authority shall, where practicable, impose a minimum buffer
zone of 100 feet for turf, fertilizers, pesticides, herbicides, fungicides
or similar treatments, landscaping or other clearing or disturbance
of natural vegetation, 125 feet for structures, and 150 feet for wastewater
disposal and/or sanitary systems; provided, however, that where such
regulated activities are proposed on developed properties, the minimum
buffer zone imposed shall, where practicable, be 75 feet for turf,
fertilizers, pesticides, herbicides, fungicides or similar treatments,
landscaping or other clearing or disturbance of natural vegetation,
and 100 feet for structures; provided further, however, that where
such setbacks are imposed landward of the wetland community of a constructed
water recharge basin, the minimum buffer zone imposed shall be 25
feet for regulated activities. The approving authority shall impose
greater buffer zones only where there is an affirmative showing on
the record that the imposition of the minimum buffer zone would be
insufficient, due to site-specific features, to protect and preserve
the wetlands.
[Amended 4-27-2001 by L.L. No. 18-2001]
B.
No wetlands permit shall be issued unless the applicant
demonstrates and the approving authority finds that the following
standards have been met:
(2)
The maximum practicable buffer zone, sufficient to protect and preserve the wetland (as required by Subsection A above), has been established for all activities regulated by this chapter.
(3)
All reasonable mitigation measures have been taken
to ensure that wetlands or their benefits will not be adversely affected.
(4)
The proposed project will not diminish any wetland
in size or quality, unless the approving authority finds that the
proposed activity is water-dependent or requires access to the wetland
as a central element of its basic function and will result in the
minimum possible alteration or impairment of the wetland or, if the
proposed activity is not water-dependent, that there is no practicable
alternative.
C.
The approving authority shall, where practicable,
impose an expanded minimum buffer zone of 100 feet for turf, fertilizers,
pesticides, fungicides or similar treatments, landscaping or other
clearing or disturbance of natural vegetation, 125 feet for structures,
and 175 feet for wastewater disposal and/or sanitary systems from
wetlands documented as habitat for rare and endangered plants and
animals and/or rare ecological communities, as documented by the New
York Natural Heritage Program. Areas that the approving authority
may consider for expanded minimum buffers include, but are not limited
to, extremely sensitive areas, such as coastal plain ponds and pond
shores; coastal plain inland Atlantic white cedar swamps; and breeding
habitat for state endangered eastern tiger salamander, northern harrier,
least and roseate tens, and osprey.
[Added 4-27-2001 by L.L. No. 18-2001]
D.
For projects that do not satisfy the standards enumerated
in this section, the approving authority shall consider imposing less
than the recommended setbacks if the approving authority finds that
the following requirements have been met:
[Added 4-27-2001 by L.L. No. 18-2001]
(1)
If the approving authority determines that the applicant has demonstrated that there are no practicable alternatives which meet the standards set forth in § 325-9A. Practicable alternatives that meet the standards set forth in § 325-9A are presumed to be available unless the applicant clearly demonstrates otherwise.
(2)
The approving authority shall require the applicant
to submit information to describe sites and the work both for the
proposed location and alternative site locations and configurations
sufficient for a determination by the approving authority. The level
of detail shall be commensurate with the scope of the project and
the practicability of alternatives.
(3)
The approving authority shall require the applicant to demonstrate that the proposed work and location would have a less adverse environmental impact than any practicable alternative that meets the standards set forth in § 325-9A in order for it to be approved. Practicable alternatives that meet the standards set forth in § 325-9A are presumed to have less adverse impacts on the wetlands than projects that don't meet such standards, unless the applicant clearly demonstrates otherwise.
(4)
The approving authority may consider imposing less
than the recommended setbacks if the approving authority determines
that the applicant has demonstrated the following:
(a)
A buffer zone with an overall average width equivalent to the minimum required buffer zones set forth in § 325-9A, for turf, fertilizers, pesticides, herbicides, fungicides or similar treatments, landscaping or other clearing or disturbance of natural vegetation will provide equivalent protection of the wetland, or that partial relief of the minimum buffer requirements is both reasonable and sufficient to justify a lesser overall average buffer zone for such activities.
(b)
The proposed work and location will not impair
the capacity of the wetland and buffer to provide essential wildlife
habitat characteristics, including, among others, food, shelter, breeding,
cover, screening and migratory habitat, as well as essential corridors
and connective functions.
(c)
The proposed work and location will not impair
wetlands and surface water quality by incorporating erosion, sedimentation
and runoff controls to minimize nonpoint source pollution.
(d)
Mitigating measures shall be implemented that
contribute to the protection and enhancement of wetlands and wetland
benefits.
E.
Any subdivision application submitted for review and final conditional approval pursuant to Chapter 292, § 292-39B, shall be required to meet the standards for issuing a permit set forth in § 325-9E and 292-39B. As part of final conditional approval, the Planning Board will include, as a condition, a resolution from the Conservation Board approving, denying or modifying the conditions set forth by the Planning Board. The Planning Board can override a condition of the Conservation Board by a unanimous vote of all members of the Planning Board. If the Conservation Board does not pass a resolution approving, denying or modifying the conditions within 62 days of the receipt of a complete final plat submission or within 62 days after the date of the public hearing if such hearing is held, then the Planning Board will consider this nonaction by the Conservation Board a default approval by the Conservation Board and the Planning Board can proceed without any resolution from the Conservation Board.
[Added 4-27-2001 by L.L. No. 18-2001]
[1]
Editor's Note: Former § 325-10,
Acquisition of property for conservation purposes, was repealed 5-13-1997
by L.L. No. 9-1997.
[Amended 12-8-2020 by L.L. No. 9-2020]
A.
The term
of any wetlands permit issued under this chapter shall be set by the
approving authority for a definite period of not less than one year
nor more than three years. The expiration date shall be clearly stated
on the face of the permit.
A.
Upon written request filed at least 30 days prior to the expiration date of a permit issued pursuant to this chapter, the applicant shall be entitled to apply for modification of the existing permit, if the approving authority finds that there has been no change in the natural or physical conditions or characteristics of the project site which would warrant reconsideration of the permit and if the proposed modifications will not result in any new adverse impacts to the wetlands. In addition, any wetlands permit or any extensions thereof issued pursuant to Town Code Chapter 175, Wetlands, repealed on August 13, 1993, may be renewed at the discretion of the Conservation Board, provided that a written request for a renewal is filed not less than 30 days prior to the expiration date of the current permit and provided further that no modifications of such permit extending greater relief may be considered.
[Amended 9-28-1993 by L.L. No. 33-1993; 4-27-2001 by L.L. No. 18-2001]
B.
A transfer of permit shall be granted upon request
by a new property owner.
[Amended 12-9-1997 by L.L. No. 40-1997]
C.
The approving authority may suspend or revoke a permit
where it finds that the work being performed exceeds the scope of
the application for which the permit was granted or there is a violation
of one of the conditions of the permit.
[Amended 12-9-1997 by L.L. No. 40-1997; 4-27-2001 by L.L. No. 18-2001; 1-27-2004 by L.L. No.
3-2004]
A fee schedule shall be established for all
applications, and changed as needed, by resolution of the Southampton
Town Board. A copy of the fee schedule is on file with the Town Clerk’s
office and the Department of Land Management.
The following penalties shall apply:
A.
Any person who violates any provision of this chapter
shall be liable for a civil penalty not to exceed $3,000 for every
such violation. Before the civil penalty is imposed, the alleged violator
shall be afforded an opportunity to be heard before the approving
authority upon due notice. He shall have the right to know the specific
charges against him and to be represented by counsel.
B.
In addition, any person who violates any provision of this chapter shall be guilty of a violation pursuant to the Penal Law, punishable by a fine of not less than $500 nor more than $1,000 and shall be required to pay a mandatory water quality protection surcharge of $100. The water quality protection surcharge shall be paid to the clerk of the court or administrative tribunal that rendered the conviction, who shall thereafter pay such money to the Town Comptroller, who shall administer such money in accordance with the provisions of § 8-6.2 of this Code. For each subsequent offense, the violator 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. Subsequent offenders shall not be subject to the water quality protection surcharge.
[Amended 5-13-2014 by L.L. No. 11-2014]
C.
In lieu of or in addition to these punishments, any
offender may be punished by being ordered to restore the affected
wetland to its condition prior to the offense, insofar as that is
possible. Any such order shall specify a reasonable time for the completion
of such restoration, which shall be effected under the supervision
of the approving authority. 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.
D.
Where on-site wetlands restoration and creation may
be unfeasible due to technical or other constraints, other mitigative
measures such as off-site wetland restoration or creation and/or monetary
compensation for wetland losses may be required. Where appropriate,
the approving authority may require a fee in lieu of direct action
to compensate for wetlands damage. Such fees shall be held in trust
for the express use of wetland preservation, creation, restoration
or enhancement projects and shall not be commingled with other funds
collected under this chapter.
E.
The approving authority shall have the right, upon
Town Board authorization, to seek equitable relief to restrain any
violation or threatened violation of any provision of this chapter.
F.
Any violation of a permit or a letter of permission
or a condition made part of a permit or a letter of permission shall
be deemed a violation of this chapter.
[Added 12-9-1997 by L.L. No. 40-1997]
[Amended 12-9-1997 by L.L. No. 40-1997; 4-27-2001 by L.L. No. 18-2001]
Any person aggrieved by the issuance, denial,
suspension or revocation of a permit or by a civil penalty imposed
under this chapter may seek relief pursuant to Article 78 of the Civil
Practice Law and Rules of the State of New York. Such proceedings
shall be instituted within 30 days after the filing of a decision
by the approving authority in the office of the Town Clerk. Any person
aggrieved by the issuance of an administrative wetlands permit may
seek relief pursuant to Article 78 of the Civil Practice Law and Rules
of the State of New York after the filing of a decision by the Chief
Environmental Analyst in the Town Clerk's office.
