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HomeMy WebLinkAbout1986_6_20_Local_Law_No_7 Local Law No. 7 - 1986 I FRESHWATER WETLANDS AND WATER COURSES 88-1 PURPOSE The purpose of this local law, which shall be known as the Freshwater Wetlands and Water Courses Protection Law of the Town of Mamaroneck, is to implement the Freshwater Wetlands Act under the Environmental Conservation Law of the State of New York (Article 24) and protect other water courses throughout the Town. it is the intent through this local law to protect the public health, safety and welfare by regulating the usage of and modifications of wetlands, lakes, ponds, and reservoirs and rainfall drainage systems within the Town of Mamaroneck. 88-2 DEFINITIONa As used in this local law, the following terms shall have the meanings indicated or the terms used shall have their common meaning: A. Control Areas: As defined in this local law, any one or more of the following categories shall be considered a control area: 1. Wetlands: Shall mean any area consisting of one-quarter acre or more designated on the Town of Mamaroneck Freshwater Wetlands Map dated May, 1986 containing the characteristics set forth in the Environmental Conservation Law of the State of New York Section 24-0147 (1) as well as any area within one hundred feet of the boundary of said mapped Wetlands, and which shall include but not be limited to seasonably i flooded basins or flats and inland fresh meadows. 2. Rainfall Drainage Systems: Those existing interconnected networks of depressed contours and enlargements thereto which by virtue of their location convey surface water runoff from its source to and including its ultimate points of discharge wholly or partially within Town limits. The controlled area of said rainfall drainage systems shall include the greater of: a. All adjacent contributory surfaces of elevation less than five (5) feet above the high water mark from a once-in-ten--year frequency storm. b. All adjacent contributory surfaces within one hundred (140) feet measured horizontally in all directions from the high-water mark from a once-in-ten--year frequency storm. 3. Ponds, Lakes, Reservoirs: Areas of permanent water retention fed by springs or rainfall drainage systems and which have one (1) or ( more points of outlet. The controlled area shall include the pond, lake or reservoir and all adjacent ground surface within thirty-five (35) horizontal feet of the watermark when full to overflow level. B. Person: Includes the singular and the plural and shall include an individual, a form, corporation, partnership, foundation, association, company, institution, organization or any other recognized legal entity. C. Planning Board: Shall mean and constitute the Town of Mamaroneck Planning Board. 88-3 CLASSIFICATION OF WETLANDS Pursuant to Title 6, Part 664.5 of the New York State Rules and Regulations of Article 24 of the Environmental Conservation Law, all wetlands on the Town of Mamaroneck Freshwater Wetlands Map, dated May, 1986, are classified as "Class I Wetlands." 2 _ "Class I Wetlands" are tributary to a body of water which could subject a substantially developed area to significant damage from flooding or from additional flooding should the wetland be modified, filled or drained. (Please see 6 NYCRR 664.5 (5) .) "Class I Wetlands" provide drainage basins with a natural stormwater retention facility. The loss of a significant area of wetland within a drainage basin may therefore aggravate flooding, erosion and sedimentation in the immediate downstream area. (Please see 6 NYCRR 664.6 (d) (1). ) 88-4 A. The Planning Board of the Town of Mamaroneck shall review all applications and take appropriate action on all projects submitted for review pursuant to this local law and shall be charged with the enforcement of this local law as is otherwise provided herein. The Planning Board shall further investigate and report on water conservation and drainage problems referred to it by the l Town Board and shall coordinate water planning with the planning of adjacent communities, counties and adjacent government authorities when requested to do so by the Town Board. B. The Town Engineer or Consulting Engineer shall furnish to the Planning Board such recommendations and engineering data as the Planning Board shall request and require and the Town Engineer or Consulting Engineer shall advise the Planning Board on all other matters within the jurisdiction of the Planning Board pursuant to this local law, and upon request of the Planning Board shall be present at meetings and deliberations for the purposes of providing engineering advice. 88-5 APPLICATIONS REGULATED ACTS WITHIN CONTROLLED AREAS. A. Prohibited Acts: I 3 - I i The following act shall be prohibited for all controlled areas: 1. Placement or depositing of debris or unlawful organic or inorganic chemicals or chemical waste; 2. Introduction of influents of sufficiently high thermo content as to cause delitorius ecological effects. B. Permitted Acts: The following acts within a controlled area are permitted only after a permit for such activity has been granted by the Planning Board pursuant to this local law: 1. Any form of dredging, dragging, excavation, removal of soil, mud, sand, shell, gravel or other aggregate from any freshwater wetland, either directly or indirectly; 2. Any form of dumping, filling, or depositing of any soil, stone, sand, gravel, mud, rubbish or fill of any kind, either directly or indirectly; i, 3. Erecting any structures, roads, the driving of piling or placing of other obstructions whether or not changing the even flow of the water; 4. Any form of pollution not otherwise specifically prohibited in paragraph A above. Any disruption of flow, extension of or expansion of any rainfall drainage system, decrease or increase of the flow velocity digging of wells other than wells intended solely for domestic water supply for single family structures; 5. And any other activity which substantially impairs any of the several functions served by Freshwater wetlands or other controlled areas and the benefits derived therefrom. C. Exemptions: The following acts are excluded from the application of this local law: - 4 1. Normal lawn and garden maintenance; 2. Tree trimming, pruning and bracing; f 3. Ordinary repair and maintenance of existing stone walls and retaining walls, provided same does not affect the existing flow of any stream, water course or rainfall drainage system; 4. Decorative landscaping, including the addition of trees and plants. D. Emergency Provisions: Sub-section B of this section shall not apply to emergency work in the controlled area which is immediately necessary to protect the health, safety and well being of any person or to prevent damage to personal or real property, provided that the Planning Board is given written notification within forty--eight hours of the commencement of such work and within forty-eight hours of completion of such work. Such emergency work shall be performed solely to alleviate the emergency condition in a manner which causes the least change, modification, disturbance or damage to the controlled area. 88-6 PERMIT PROCEDURES A. Any person proposing to conduct or cause to be conducted regulated activity upon any controlled area shall file fifteen copies of an application, maps and other supported data required by this local law with the Town Clerk. B. Upon receipt of said application, the Town Clerk shall cause one copy to be filed in the Office of the Clerk and notice of such application, with a copy of the application supporting data, to be mailed to all local governments where the proposed activity, or any part of it, is located including the County of Westchester. All additional copies will immediately be transmitted to the Secretary of the Planning Board for processing. - 5 - C. within sixty days of the submission of the application but in no case sooner than thirty days after submission and after notice is published in the official newspaper of the Town, the Planning Board shall hold a public hearing upon the application unless a determination is made that a waiver of such public hearing is appropriate. D. In cases where there has been no notice of objection and the Planning Board finds that the activity proposed is of such a minor nature as not to affect or endanger the balance of the systems of the controlled area, and the Planning Board has determined that the act is compatible pursuant to Title 6 of the New York State Rules and Regulations Section 665.7, ,it may, in the exercise of its discretion, dispense with a hearing. 1. In the instance where the Planning Board determines to dispense with a hearing, it shall prepare specific findings setting forth the reason for same and file, within ten days of said decision, a copy of such findings with the Town Clerk and forward a copy to all local governments in which the proposed work or any part of it is located, as well as all persons that may have filed a statement with the Town following publication of notice of application. E. Not less than fifteen (15) days prior to the date of hearing, if the hearing is to be held, all owners of record of adjacent properties and all local governments where the proposed activity is located shall be notified by certified mail of the date, time and place of said hearing and the purpose thereof. F. Jurisdiction over local government: The Planning Board shall not have jurisdiction over any application in a wetland by the Town or any other local government. All such applications shall be referred to the New York State Department of the Environmental Conservation pursuant to G 6 - Article 24 of the Environmental Conservation Law and the provisions of Title 6 Part 665.6 of the New York State Code of Rules and Regulations. G. In all instances, hearings pursuant to this local law shall, as much as practicable, be held in conjunction with all other hearings conducted by the Planning Board regarding the same property. H. Within forty-five days of the closing of any hearing on an application pursuant to this local law, the Planning Board shall render its decision in writing on an application for a permit. 88-7 FORM OF APPLICATION A. The form of application provided pursuant to this local law shall be as follows: 1. The name and address of the record owner of the property; 2. The name and address of the applicant if other than the record owner; ( 3. The tax map description of the property and where applicable, the street where the property is located and the nearest intersecting street; 4. Maps indicating the location of applicants entire property and adjacent properties within five hundred feet of the 'entire site as well as the location of the controlled areas on that site and adjacent sites on a scale of no more than fifty feet to the inch and the exact location of the property where the proposed action shall take place. 5. Where requested by the Planning Board, existing topography and proposed grade elevations in intervals of two feet or less; 6. The location of all structures, buildings, bridges, retaining walls, walls or dams located on the property; 7 - 7. Such other information as the Planning Board in its discretion may require for the purpose of f determining the application. 88-8 52ANDARDS.FQR ISSUING OF PERMITS A. No permit for a wetland shall be granted pursuant to this local law unless there has been full compliance with the standards of Article 24 of the Environmental Conservation Law and Title 6 of the New York Code of Rules and Regulations Part 665.7 (e) . In determining whether to issue a permit for a wetland, the Planning Hoard must make specific findings as to compliance with said regulations. in all .cases, in determining when to issue a permit, the Planning Board shall make specific findings in writing that the proposed activity meets the following criteria: 1. The proposed activity must be compatible and consistent with public health and welfare, including physical health and related Federal, State, and { local laws relating to public health and welfare. 2. The proposed activity must be demonstrated as being the only practicable alternative if no other activity is physically or economically feasible. This does not, however, mean that the most profitable or least costly alternative is the only feasible one nor that the least profitable or most costly alternative is the only feasible one. i 3. Consideration of the economic and social need for the proposed activity and the economic and social burden that would be imposed upon the public. Public economic and social burden may include: a. Associated services, such as sewer systems, schools and fire and police protection, necessitated by the proposed activities; { 8 _ b. Prevention of contamination, flood or other damage to the proposed development on the wetland by methods such as channelization, alteration of land, alteration of water flow, draining or construction of dams, dikes or levies; C. And/or services and repairs such as medical care, pumping, cleaning, dredging, and emergency assistance as a result of contamination, flooding or other damage to the proposed development in the controlled areas. (Nothing contained herein precludes the consideration of any issue which must be addressed under Article 8 of the Environmental Conservation Laws of the State of New York.) 4. The impact of the proposed activity upon the controlled areas and its adjacent areas. B. No permit shall be granted unless the Town Engineer or { Consulting Engineer has had an opportunity to review the application and plan submitted by the applicant and submitted comments and recommendations in writing to the Planning Board. 88-9 ('ORDT10NS(ZF PERMIT A. Duration: The Planning Board shall specify in its resolution and findings of approval the expiration date of any permit granted pursuant to this local law. However, all permits shall, expire upon the completion of the act specified therein and in no event shall a permit be valid for a period of more than one year. 1. Any permit issued pursuant to this local law shall be solely for the benefit of the person to whom it is issued and may not be transfered in any manner to any other person. f 9 - B. Bond: The Planning Board shall require, in all instances in which a permit is granted, that a bond, in an amount necessary for the protection of the interests of the Town and/or adjacent property, be placed by the applicant running in favor of the Town in a form satisfactory to the Town's Attorney; or, in the alternative, shall make a cash deposit with the Town Comptroller in the amount of said bond to insure the satisfactory completion of the project and the rehabilitation of affected or disturbed areas. Any performance or rehabilitation bond provided for herein shall be in addition to any other bond which may be required by the Town Board in connection with the excavation and transportation of materials, or by the Planning Board for performance of any other work required pursuant to site plan or subdivision approval. C. Hours of Operation: Permits shall specify the permitted days and hours of operation and the type of equipment to be used. No material of any kind shall be removed from any property in the construction of a project for which a permit has been issued under this local law except pursuant to special permit issued by the Town Board. D. Renewals: On the expiration of a permit issued pursuant to this local law, the Planning Board may at its discretion renew such permit for two periods of no more than six months each. The Planning Board shall determine, upon application for renewal, whether to hold a public hearing on said renewal, and may at its discretion hold such hearing if it deems it to be necessary. In no event may the Planning Board extend a permit for more than two periods of six months each unless it holds a public hearing and follows the procedures set forth herein for f an initial application for a permit. 10 - 88-10 INSPECTION A. The Building Inspector, Deputy Building Inspector, Assistant Building Inspector and Town Engineer shall be f supplied with copies of the permits issued under the law; and each of them is designated as an inspection agent for the Planning Board for the purposes of determining, from time to time compliance with the terms of any permit issued under this local law. For the purpose of such inspection, the Building Inspector, his deputies and assistants, and the Town Engineer shall have the right to enter upon and inspect any work. B. Violation: The Building Inspector, Deputy Building Inspector, Assistant Building Inspector or Town Engineer shall have the power to issue violations of permits issued under this local law and demand remedial action and to further initiate such proceedings as are necessary to enforce the provisions of this law. 88-11 2ENALTIES A. Violation of this local law shall constitute a misdemeanor punishable by up to six months in jail and a fine not exceeding $1,000.00. B. Implementation of any proceeding in the local, court seeking criminal penalties pursuant to this local law shall not preclude the Town from commencing such other civil action as may be permitted in law or equity to restrain violations or threatened violations of this local law and to obtain damages therefor. 88-12 GRIEVANCES Any person aggrieved by a decision of the Planning Board with reference to an application for a permit herein, may seek review pursuant to Article 24 of the Environmental Conservation Law of the State of New York either by the Freshwater Wetland Appeals Board of the State of New York or through implementation of a civil action pursuant to i Article 78 of the Civil Practice Law and Rules. Any such appellate review shall be governed by applicable state law. -- Il - 88-13 SEYERABILITY ( should any court of competent jurisdiction declare any provision of this local, law unconstitutional or otherwise illegal, such declaration of invalidity shall not affect any other provisions of this local law. 88-14 EFFECT -U-DATES As to all controlled areas other than Freshwater Wetlands, this local law shall take effect immediately. With regard to Freshwater Wetlands, this local law shall take effect upon compliance by the Town with Article 24 of the Enviromental Conservation Law and the Provisions of Title 6 of the New York Code of Rules and Regulations, and upon receipt of notice by the Commissioner of the Department of the Environmental Conservation, that this local law complies with the requirements of that Department and the laws, rules and regulations under which it operates. - 12 -