HomeMy WebLinkAbout1986_6_20_Local_Law_No_7 Local Law No. 7 - 1986
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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."
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"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
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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:
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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:
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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.
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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
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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;
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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;
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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.
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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
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an initial application for a permit.
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88-10 INSPECTION
A. The Building Inspector, Deputy Building Inspector,
Assistant Building Inspector and Town Engineer shall be
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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.
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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.
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