[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant 8-10-1976.
Amendments noted where applicable.]
A.
The Town Board hereby finds and declares that the public
interest and general welfare of the residents of the Town of Mount Pleasant
will be served through the creation of procedures for the preservation, proper
maintenance and utilization of natural resources within the Town of Mount
Pleasant and for the protection of said natural resources from encroachment
upon, spoiling, pollution or elimination resulting from population growth
attended by commercial development, housing, roads and other construction.
B.
The preservation and maintenance of rivers, wetlands,
water bodies and watercourses in an undisturbed and natural condition constitute
important physical, ecological, social, aesthetic, recreational and economic
assets necessary to promote the health, safety and general welfare of present
and future residents of the town and of downstream drainage areas.
C.
The loss of freshwater wetlands and watercourses deprives
the people of the Town of Mount Pleasant of the many and multiple benefits
derived from wetlands, as follows:
(1)
Control of floods and storms by the hydrologic absorption
and storage capacity of freshwater wetlands.
(2)
Wildlife habitats by providing breeding, nesting and
feeding grounds and predator escape cover for many forms of wildlife, wildfowl
and shorebirds, including migratory wildfowl and rare species.
(3)
Protecting subsurface water resources, providing valuable
watersheds and recharging groundwater supplies.
(4)
Recreation throughout the town by providing areas for
fishing, boating, hiking, bird-watching, photography, camping and other uses.
(5)
Pollution treatment by serving as biological and chemical
oxidation basins.
(6)
Erosion control by serving as sedimentation areas and
filtering basins, absorbing silt and organic matter and protecting channels
and harbors.
(7)
Education and scientific research by providing readily
accessible outdoor biophysical laboratories, living classrooms and education
resources.
(8)
Open space and aesthetic appreciation.
(9)
Sources of nutrients in freshwater food cycles and the
nursery ground and sanctuary for freshwater fish.
D.
It is therefore the intent of this chapter to promote
the public purposes identified in this section by providing for the protection,
proper maintenance and use of the rivers, wetlands, water bodies and watercourses
located within the town by preventing or minimizing erosion due to flooding
and stormwater runoff, maintaining the natural groundwater supplies; protecting
subsurface water resources and providing valuable watersheds; preserving and
protecting the purity, utility, water-retention capability, ecological functions,
recreational usefulness and natural beauty of all rivers, wetlands, water
bodies, watercourses and other related natural features of the terrain; and
establishing and protecting wildlife habitats by providing breeding, nesting
and feeding grounds and predator escape cover for many forms of wildlife.
This chapter shall affect all land within the unincorporated areas of
the Town of Mount Pleasant and activities conducted thereon which are set
forth and defined hereafter and shall be binding upon all departments, boards
and official acts of the Town of Mount Pleasant.
As used in this chapter, the following terms shall have the meanings
indicated:
To fill, place, eject discharge or dump any material, but not including
stormwater.
Soil, sand, gravel, clay, bog, peat, mud, debris and refuse or any
other organic or inorganic substance, whether liquid, solid or gaseous or
any combination thereof.
Any individual, firm, partnership, association, trust, corporation,
company, organization or legal entity of any kind, including municipal corporations,
governmental agencies or subdivisions thereof.
The Planning Board of the Town of Mount Pleasant, New York (Article
16, § 271, of the Town Law, McKinney's Consolidated Laws of
New York).
The Town Engineer of the Town of Mount Pleasant, New York (Article
3, § 20, Subdivision 2a, of the Town Law, McKinney's Consolidated
Laws of New York).
Any water body, natural or artificial, such as but not limited to
a pond, reservoir, lake, stream or brook.
All lands and submerged lands known as "bogs," "marshes," "swamps,"
"fresh meadows" and "estuarine areas" having types of soils such as alluvial
land, Carlisle muck, Limerick and Sloan, including adjacent and peripheral
land with vegetation evidencing the same habitat, whether inundated at any
given time or not, and shall more specifically mean and include:
FLOODPLAINSoils covered with water during variable seasonal periods.
FRESH MEADOWSWaterlogged soil containing such vegetation as sedges, rushes, grasses and various broad-leaved plants.
SHALLOW FRESH MARSHESAreas bordering on lakes, ponds, deep marshes and wet areas of a depth to six inches, with vegetation such as cattails or hybrids thereof, bulrushes or hybrids thereof and arrowheads or other species of Sagittarius.
DEEP FRESH MARSHESAreas covered with water of depths from six inches to three feet, with such vegetation as cattails or hybrids thereof, reeds or other species of Sparganium, wild rice and bulrushes.
SHRUB SWAMPSWaterlogged soil with vegetation such as alders, buttonbush and dogwoods and up to six inches of water.
WOODED SWAMPSWaterlogged soil with vegetation such as red maple, elm or cedar and up to one foot of water.
BOGSUsually waterlogged, acid soil with both woody and herbaceous plants in the heath family, as well as sedges and sphagnum mosses.
Notwithstanding the definitions of "wetlands" based on vegetation [Subsection
A(l) through (7) above], "wetlands," in general, shall be defined by types
of soil, as exemplified by the Wetlands District Control Map.
"Wetlands" shall further include but not be limited to all those lands
designated as "wetlands" by the New York State Department of Environmental
Conservation under the authority granted by the Freshwater Wetlands Act.[2]
The areas within the Town of Mount Pleasant as defined in "wetlands"
and "watercourses" above.
The Wetlands Control District Map prepared from soil maps furnished
by the Soil Conservation Service of the United States Department of Agriculture
and the Department of Environmental Conservation of New York State. This map
shall serve only as a guide to the general boundaries of wetlands control
districts in the Town of Mount Pleasant and shall not, in itself, define the
location of wetlands control districts, which are defined in "wetlands control
district" above.
Except as provided in § 111-5 of this chapter, the following activities shall be prohibited and unlawful:
A.
To deposit, directly or indirectly, or permit to be deposited
any material into, upon or within 50 feet of the edge of any river, wetlands
water body or watercourse situated in an area that has been designated as
a wetlands control district.
B.
To construct or permit to be constructed any building
or structure of any kind within, upon or within 50 feet of the edge of any
river, wetlands water body or watercourse situated in an area that has been
designated as a wetlands control district.
C.
To remove or permit to be removed any material (other
than debris, refuse or water) from any river, wetland, water body or watercourse
which is situated in an area that has been designated as wetlands control
district or from the land within 50 feet of the edge of any such wetlands
water body or watercourse.
A.
Activities allowed without permit. The following activities
are permitted in, upon or within 50 feet of the edge of any river, wetlands
water body or watercourse which is situated in an area designated as a wetlands
control district, except where the town does determine that the activity violates
or threatens to violate the purpose of this chapter.
(1)
Outdoor recreation, including play and sporting areas;
field trails for nature study, hiking or horseback riding; and swimming, skin
diving, boating, trapping, hunting or fishing where otherwise legally permitted.
(2)
Maintenance of lawns, grazing, farming, gardening and harvesting of crops where otherwise legally permitted, except for the use of chemicals as provided for in Subsection B.
(3)
Operation and maintenance of such dams, retaining walls,
terraces, sluices, culverts or other water-control structures or devices which
were in existence on the effective date of this chapter.
(4)
Incidental removal of brush and trees which would result
in no appreciable effect upon the runoff or drainage into any river, wetland,
water body or watercourse.
B.
Activities requiring Engineer's approval. The following activities are permitted in, upon or within 50 feet of any river, wetland, water body or watercourse situated in an area designated as a wetlands control district only if conducted pursuant to terms and conditions approved by the Town Engineer, and upon application to the Town Engineer pursuant to the procedure set forth in § 111-6 of this chapter, except that Town Engineer approval shall not be required where the activity is conducted pursuant to terms and conditions of an application approved by the Planning Board.
(1)
Removing water-deposited silt, sand or other material
in order to restore the preexisting elevations, provided that the total quantity
removed does not exceed 15 cubic yards of material.
(2)
Restoring elevations that have been altered by erosion
or storm drainage.
(3)
The construction, expansion or improvement of private
recreation facilities as otherwise legally permitted, provided that the amount
of material deposited, removed or regraded does not exceed 15 cubic yards.
(4)
The construction of driveways where alternative means
of access are proven to be impractical, provided that the amount of material
to be deposited or regraded in connection with such construction does not
exceed 100 cubic yards and there is no restriction of flood flows.
(5)
The use of chemicals, dyes, fertilizers, herbicides or other similar materials except those allowed by the United States Department of Agriculture without permit and used as set forth in Subsection A(2), provided that approval shall be given only after consultation with or pursuant to the guidelines of the Conservation Advisory Council.[1]
(6)
Any activity requiring Planning Board approval by the
terms of this chapter which the Board refers to the Town Engineer for disposition.
C.
Activities requiring Planning Board approval. The following activities are permitted in, upon or within 50 feet of any river, wetland, water body or watercourse situated in an area that has been designated as a wetlands control district only after approval by and subject to the terms and conditions specified by the Planning Board as a part of a subdivision application, a site development plan application or an application submitted pursuant to the procedure set forth in § 111-6 of this chapter. Such Planning Board approval, terms and conditions are to be given and imposed so as to enhance or cause the least possible damage, encroachment or interference with the natural resources or functions of the river, wetland, water body or watercourse, consistent, with the purpose of this chapter.
(1)
Any activity listed in Subsection B, but involving a scale of operation beyond that which the Town Engineer is empowered to approve.
(3)
The construction of roads where alternative means of
access are proven to be impractical, provided that they do not impede flood
flows.
(4)
The construction of municipal or utility uses, such as
water supply facilities, park and recreation facilities, sewage treatment
facilities or other installations, which involve any alteration of existing
natural conditions.
A.
Applications. Applications for permits to conduct any of the activities listed in § 111-5B or C shall be submitted in triplicate to the Town Engineer for approval or for referral to the Planning Board. The Town Engineer shall file one copy of the application with the Town Clerk, except that if the wetland in question is located partially outside of Mount Pleasant, then one copy of the application shall be filed with the Clerk of Westchester County. Applications shall include the following information:
(1)
The name and address of the owner and name and address
of the applicant and whether the applicant is the owner, lessee, licensee,
etc., shall be included. If the applicant is not the owner of record, the
written consent of the owner must be attached. The application should state
the purpose of the application and the relief sought and should include a
detailed description of the proposed activity and a map showing the area of
the wetland directly affected, with the location of the proposed activity
thereon.
(2)
It may be required that the applicant furnish any topographical
and perimeter surveys, hydrological computations, engineering studies and
other factual or scientific data and reports as deemed necessary by the approving
authority (Planning Board or Town Engineer) to permit it to arrive at a proper
determination.
(3)
Applications affecting water-retention capability, water
flow or other drainage characteristics of any wetland, water body or watercourse
shall include a statement of the area of upstream and downstream watersheds,
impact analysis and information as to rainfall intensity in the vicinity for
not less than a ten-year return frequency, together with approximate runoff
coefficients to determine the capacity and size of any channel sections, pipes
or waterway openings, together with plans for necessary bridges, culverts,
stormwater or pipe drains that, in the opinion of the approving authority,
are needed to arrive at a proper determination on the application, consistent
with the purpose of this chapter.
B.
Referral to Conservation Advisory Council. The Planning
Board or Town Engineer shall refer any application submitted pursuant to this
chapter to the Conservation Advisory Council for its review and report. The
Conservation Advisory Council shall report back to the Planning Board or to
the Town Engineer, as the case may be, within 30 days of the date of receipt
or within such other period as may be specified by the Planning Board at the
time of receipt by the Conservation Advisory Council, but in no event sooner
than 30 days therefrom. All such time periods may be extended by consent of
the applicant and the Conservation Advisory Council or the Planning Board.[1]
C.
Public hearings and time periods. The Planning Board shall schedule a public hearing on any applications for activities under § 111-5C which involve a significant impact or major effect on a wetland, water body or watercourse, in a manner similar to that required by the New York State Wetlands Act, but as specifically set forth in this section. The Planning Board may, at its discretion, dispense with such hearing for activities not involving a significant impact or major effect on a wetland, water body or watercourse. When the Planning Board finds that a hearing is not necessary, it shall publish this decision, setting forth reasons therefor, which shall be a matter of public record and shall be mailed to all adjacent local governments where any part of the proposed work is located. Notice of waiver of a hearing shall be carried out in the same manner as a notice of a public hearing.
(1)
All public hearings to be held by the Planning Board
shall commence not sooner than 30 days nor later than 60 days after receipt
of a complete application, including the report of the Conservation Advisory
Council.[2]
(2)
The Planning Board shall cause a notice of the hearing
to be published in a newspaper not fewer than 15 days before the date set
for the hearing.
(3)
All applications, maps and documents relating to this
hearing shall be open for public inspection in the office of the Town Engineer.
(4)
Notices of the hearing shall be sent by the applicant
to adjacent property owners, known claimants to water rights and other adjacent
parties by certified mail. The applicant shall file receipts and an affidavit
of service by mail not less than 14 days before the hearing.
(5)
Within 75 days of the date of the Planning Board meeting at which a completed application made pursuant to § 111-6A is received by the Planning Board, or within 45 days of the date of any public hearing which may be conducted on said application, whichever period is shorter, the Planning Board shall render a decision to approve, approve with modification or disapprove the issuance of a permit for the proposed activity.
(6)
The time period for consideration of and requirements for public hearings to be conducted in connection with any application for permission to carry on any activity under § 111-5C of this chapter which is made in conjunction with a subdivision application or site development plan application shall be the same as the time period for consideration of and requirements for a public hearing of the subdivision or site development plan application with which it is associated (Subdivision Regulations, Article II).[3]
D.
Conditions and time limit. In approving any application
submitted pursuant to the requirements of this chapter, the approving authority
may impose such conditions on the proposed activity as are necessary to assure
compliance with this chapter. The approving authority may fix a reasonable
time within which any operations must be completed and may also require the
filing with the Town Board of cash or surety company performance bond in such
amount and form as determined necessary by the approving authority to ensure
compliance with the approved permit.
A.
Where the Planning Board finds that because of the special circumstances of a particular case hardship may result from strict compliance with the provisions of this chapter, it may adjust, upon request of the applicant, the provisions of §§ 111-4 and 111-5, provided that any such adjustment will implement the spirit and intent of this chapter, the Mount Pleasant Town Zoning Ordinance,[1] the Town Development Plan and other local regulations as they
may be adopted and amended from time to time. In permitting any such adjustment,
the Planning Board shall attach such conditions as are, in its judgment, necessary
to secure substantially the objective of the standard or requirement so adjusted.
B.
Notwithstanding this section, only the Zoning Board of
Appeals is empowered to grant variances to the stipulations of the Zoning
Ordinance. In all cases where a wetland or watercourse is the basis for considering
the granting of a variance, the Zoning Board of Appeals shall refer the matter
to the Conservation Advisory Council and other agencies it deems appropriate
for review and report.[2]
A.
General boundaries of wetlands control districts are shown on the Mount Pleasant Wetlands Control District Map. Finite boundaries will be interpreted by the Planning Board when necessary, according to the definitions established in § 111-3. Finite boundaries shall be interpreted after appropriate field survey work by qualified staff members of the United States Department of Agriculture Soil Conservation Service assigned to the Westchester County Soil and Water Conservation District or the New York State Department of Environmental Conservation, subject to recommendations submitted by the Conservation Advisory Council of the Town of Mount Pleasant.[1]
B.
Notwithstanding the above, wetlands as shown on the official
map of wetlands prepared by the New York State Department of Environmental
Conservation under the authority of the Freshwater Wetlands Act shall be considered
as wetlands control districts.
B.
Upon application for a permit to conduct any activity requiring approval of the Planning Board (§ 111-5C), the applicant shall pay a fee as set forth in Chapter A224, Fees, to the Town of Mount Pleasant, except that no fee shall be required when the application is made in conjunction with a subdivision application or a site plan development application.
A.
Any person, as defined herein in § 111-3, who violates or is an accessory to the violation of any provision of this chapter, or who fails to comply with any of the requirements thereof, shall be guilty of a violation, as defined in the Penal Law, and shall be liable for a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both, and such other punishment as may be permitted. Each week's violation shall constitute a separate additional violation.
B.
Whenever a violation of this chapter is alleged, any
person may file a complaint in regard thereto. All such complaints must be
in writing and shall be filed with the Town Engineer, who shall record such
complaints and immediately investigate and report thereon to the Town Board,
who shall refer such complaints to the Town Legal Department.
In their interpretation and application, the provisions of this chapter
shall be held to be the requirements adopted for the promotion of the public
health, safety, general welfare and economic benefit and for the preservation,
proper maintenance and utilization of natural resources, so as to be beneficial
to the community.
This chapter or any part thereof, including the Wetlands Control District
Map, may be amended, supplemented or repealed from time to time by the Town
Board on its own motion or on petition as provided in the Town Law. Every
such proposed amendment shall be referred by the Town Board to the Planning
Board and the Conservation Advisory Council for written reports before any
public hearing which may be held by the Town Board pursuant to Town Law. The
Town Board shall not take action on any such amendment without such reports
from the Planning Board and Conservation Advisory Council unless such Board
or Commission shall fail to report within 30 days after its regularly scheduled
meeting next following the receipt of such referral, but in no case later
than within 45 days after the receipt of such referral by the Town Board.
