https://sleepyhollow.localarchives.org/files/original/784a74980878feb7b01b79a93d60b485.pdf b5c7cce15fb3d151e40e3f9e056ff57d PDF Text Text A regular meeting of the Board of Trustees of the Village of North Tarrytown was held on February 6, 1990 at 8:00 PM. Present: Mayor Gandolfo Trustee Treacy Trustee Hyland Trustee Coon Trustee Clcchetti Trustee Apollonio Trustee Alter Mayor Gandolfo called the meeting to order with the pledge to the flag. Public Hearings- None Approval of Minutes Trustee Apollonio moved to approve the minutes of January 16, 1990 as written, seconded by Trustee Alter and motion carried 4-0 with Trustees Coon, Treacy and Apollonio abstaining because they were absent. Communications, Petitions & Requests The Deputy Clerk read letters of intent to renew their liquor licenses from Vincent Margotta, National Sokol Club, Fraternal Order of Eagles and Bernard Courtney. These will be referred to the police committee for review. Mayor Gandolfo read a letter from Robert Patterson of Tarrytown asking that Tarrytown and North Tarrytown get together and do everything possible in their powers to keep Kingsland Point Park open. The Mayor commented that she was in receipt of many more letters expressing the same sentiment. The Mayor was in receipt of a letter from Paul Benowitz, the architect and planner of the project for rehabilitation of 74 Beekman Avenue, thanking the Board for their support; he has been granted the necessary variances to proceed. There will also be one unit which will be accessible to the handicap. Mayor Gandolfo was in receipt of a letter from New York State Department of Transportation in response to our letter about the slippery conditions when the pavement gets wet. The plans to resurface will be sometime in the future, but in the meantime perhaps we could post signs stating "Slippery When Wet", and groove the surface of the roadway. She was in receipt of a letter from the Old Croton Aqueduct Committee inviting Municipal officers to a legislative forum scheduled for February 16, 1990 from 9:15-10:15 AM to see how we can work together to assure adequate maintenance funding for the Old Croton Aqueduct. 1 �Mayor Gandolfo suggested that we write to Senators Spano and Brodsky and Assemblyman Sullivan supporting the cleanup of the Croton Aqueduct. Trustee Treacy moved, seconded by Trustee Cicchetti that we support the idea of a line item in New York State budget for the maintenance of the Old Croton Aqueduct. Motion carried in Albany. The Mayor commented that the Planning Board will meet on February 15th and the Zoning Board on February 22. The newsletter should be in the mail next week. General Motors is continuing to flush out their paint shop tanks twice a week in order to keep the foul odor from returning. Mayor Gandolfo reported that she and several trustees attended a ceremony commenorating MIA and POW week this past Sunday. Administrator's Report The Administrator reported that the pumps on Riverside Drive have been replaced and work has been completed. The Administrator stated that there is a resolution on the agenda with regard to obtaining grant money to help us do a record survey, and with this grant money, we can hire part time help to insure the preservation of records. He also stated that Pace University is offering their students to Villages and Towns as part of their intern program to help us with our finance area. The Administrator was in receipt of a letter from the County with regard to the critical environmental areas in the County. The Board has engaged a company to review our telephone bills and there are certain areas of the billing that we are contesting. We are in the process of fixing Devries field. Trustee's Reports Trustee Apollonio reported that the fire department pagers have arrived and he showed the audience what they looked like and then gave a brief explanation of how they would work. We are hoping that these pagers would increase the response to fires and ambulance calls as all ambulance workers will receive one. He reported that several improvements have been made to several different firehouses. On the code enforcement program, $23,100. have been collected in violations to date on certain buildings. We will be inspecting restaurants,, taverns, etc. with regard to the occupancy law. Trustee Alter reported that he, Mayor Gandolfo, and Trustee Cicchetti met with Mr. Elkins of Westchester County Recreation & Parks regarding the closing of Kingsland Point Park. 2 �I There was a vague hint: of optimism. We will be holding a rally at the park in an effort to keep the park open. Perhaps we can lease the park from the County. The Devries Avenue field drainage canal will be closed in shortly and by the Spring, work will start on the other side of the field in the hopes of opening another ball field. We may be using the help of prisoners from Sing Sing prison. Trustee Alter read resolution #02/10/90 (attached) appointing Henry Atterbury as the new Superintendent of Recreation. The trip to the Ice Capades was a great success. Trustee Cicchetti reported on the wetland/watercourse legislation; stating that the model that was used for the Village was researched by very knowledgeable people and the model ordinance was issued by the Westchester County Soil & Water Conservation district and is being recommended to all communities in Westchester County. After conducting public hearings and considerable review by the Trustees, the ordinance with minor modifications conforms to the model ordinance recommended by the Conservation Advisory Council. Trustee Cicchetti read the following resolution: Be it resolved that the Board of Trustees hereby adopts the Wetlands Watercourse Ordinance (in the official minutes). Moved: Trustee Cicchetti Seconded: Trustee Treacy Vote: 6-0 Trustee Cicchetti reported briefly on the budget. At the end of the 1988-1989 fiscal year, there was approximately a $54,000. surplus. Due to the PILOT agreement with General Motors, the village lost alot of money and had to find ways to make up the loss. They saved almost $100,000. in health insurance premiums, revenues were generated by the BOOT program, increase of parking permit fees, interest on deposit, developers fees, etc. On the census, Trustee Cicchetti reported that the census figures have been sent in and the County will be holding a series of five meetings to present up to date information on what the census bureau is doing in response to the information which was sent to them. Trustee Treacy reported that since the BOOT program has gone into effect in July 1989, it has generated approximately $25,000. in revenues. Trustee Treacy reported that gas station owners have been sent circulars with regard to the proposed amendments to the canopy code and he gave a brief synopsis of the proposed canopy ordinance. He will be meeting with the owners of the gas stations. 3 �Trustee Treacy commented that Dr. Sweet stated the PILOT monies which are applied to the school taxes are not applied correctly. Therefore, Trustee Treacy made a motion to authorize the Village Attorney to request that the State Comptroller render an official opinion as to whether the General Motors Pilot payments are being applied properly in Mt. Pleasant. After a brief discussion. Trustee Hyland moved to table that motion to another meeting so that it can be discussed further, motion seconded by Trustee Cicchetti, and motion carried with Trustee Treacy voting NO. After further discussion,Trustee Cicchetti moved that the Board ask Village Counsel to write to the Mt. Pleasant Supervisor to request that he apply the PILOT monies as property tax revenues rather than to the General revenue fund and at the same time have Counsel research whether or not the State Comptroller has the ultimate say; seconded by Trustee Treacy and motion carried unanimously. Trustee Treacy read resolution #2/16/90 directing Halpern Enterprises to revise concept plan, (copy attached) Trustee Treacy reported that we have received our franchise fee from Continental Cablevision for the quarter in the amount of $2821.01. In 1992 our franchise agreement will be up for renewal. He asked that residents write to Nita Lowey telling her how they like the way cable is being regulated. Trustee Hyland entered the police report into the record. Due to the number of complaints about the amount of traffic along Beekman Avenue, the Westchester County Scale Unit operating in the Village, twenty four vehicles were checked and ten violations were found• He was in receipt of a letter from Westchester County calling for the decentralization of 911. The Dobbs Ferry police department has written a letter to Lt. Brophy praising Officers Camp and Reddy in their help recently with Operation Rescue. (Copy of letter placed in their files) Glass is now being accepted for recycling at the Village garage. Trustee Hyland was in receipt of a letter from NYCOM asking the Village to complete a solid waste survey. Trustee Coon reported that the reassessment process is coming to a close. The Assessor has filed the assessment roll with the Village Clerk and Grievance Day will be held on February 20 and 21st. from 4PM-10PM, and anyone wishing to grieve their assessment must fill out a form first. He then read resolution #2/12/90 with regard to this. (Attached). Resolutions- All are attached 4 �Old Business Mayor Gandolfo reported that: the management of College Arms will be holding a lottery with regard to their tenants waiting list and anyone wishing to participate in the lottery must submit an application. Anyone having questions regarding this lottery should contact village hall. New Business The date of the next work session is February 13, 1990 and the next regular board meeting will be held on February 27, instead of February 20, due to grievance day being held on that date. Trustee Coon asked that the police check the south side of Bedford Road and Route 448 between 7AM-9AM for parked cars, since the new Horseman restaurant opened. Approval of Warrants Trustee Coon moved to approve the warrants and authorize the treasurer to pay the bills, seconded by Trustee Cicchetti and motion carried. The General fund amount is $137,881.39 and the water department fund is $8,303.52. Public Comments Dr. Richard Sweet commented that he checked with Finnegan Associates as to the status of our local waterfront and that they have received the maps and are proceeding now with outlining the lot lines. He commented briefly on the GM PILOT and the resolution which was passed earlier, and stated that the petition is still being generated throughout the Village and urged those who have not signed yet to please do so. Alex Fudali addressed the Board urging them to check into whether the management of College Arms is complying with the audit and urged the Board to pursue it. Being no further comments, the Mayor closed the comment section. Trustee Apollonio moved to adjourn to executive session to discuss personnel matters, seconded by Trustee Coon and motion carried. Executive Session Personnel matters in the Police department were discussed. The Board directed the Administrator to withdraw the Village from participating in the 1990 Police Chief and Sergeant civil service examination. There being no further business, the Mayor adjourned the meeting. Respectfully submitted, Angela Everett, Deputy Village Clerk �I Meeting Date: 2/6/90 Resolution #: 2/010/90 Be It Resolved, the Board of Trustees approves the Mayor's appointment of Henry Atterbury of Bedford, New York to the position of Superintendent of Recreation at an annual salary of $32,000. effective February 7, 1990* Said appointment is made from Civil Service List No. 61-016 for a probationary period of twenty six weeks and subject to final approval of the County of Westchester Civil Service Commission. MOVED: Trustee Appllonio SECONDED: Trustee Coon VOTE: 6-0 Meeting Date: 2/6/90 Resolution #: 2/011/90 Be It Resolved the Board of Trustees requests New York State Department of Transportation adjust their traffic signal light on Rt.9 at Pier son Avenue to allow north bound vehicles sufficient time to make a left hand turn onto Pierson Avenue ^v delaying the southbound signal. MOVED: TrUSt6e Cicchetti SECONDED: T r u s t e e Alter VOTE; 6-0 Meeting Date: 2/6/90 Resolution #: 2/012/90 Be It Resolved that, the Assessor of the Village of North Tarry town, has prepared her Assessment Roll for the current year; and that said Assessment Roll has been filed with the Village Clerk at his office in the Municipal building, 28 Beekman Avenue, where it may be seen and examined by any person at all times during business hours between 8:30 AM and 4:30 PM until the 2 0th and 21st days of February, 1990, and that on such days in the Board Room, Municipal Building, 28 Beekman Avenue, in said Village, between the hours of 4PM and 10 PM, the Board of Trustees of said Village and said Assessor will meet for the purpose of completing such Assessment Roll and of hearing and determining complaints in relations thereto, on the application of any person conceiving himself aggrieved thereby. MOVED: Trustee Coon SECONDED: Trustee Cicchetti VOTE: 6-0 �Meeting Date: 2/6/90 Resolution «: 2/013/90 Be It Resolved, the Board of Trustees authorizes the Mayor to submit a grant application to the NYS Education Department, Local Government Records Bureau for $40,000 of funding under the Local Government Records Management Improvement Fund to conduct a records survey and needs assessment. MOVED: Trustee Hyland SECONDED: Trustee Apollonio VOTE: 6-0 Meeting Dated: 2/6/90 Resolution #: 2/014/90 Be It Resolved, that Election Inspectors be appointed to serve on Registration Day, Saturday, March 10, 1990 and/or Election Day, Tuesday, March 20, 1990 in accordance with Section 15-116 (1) of the Election Law. MOVED: Trustee Hyland SECONDED: Trustee Coon JVOTE: 6-0 Meeting Date: 2/6/90 Resolution #/2/015/90 Be it Resolved, the Board of Trustees support the following 1990 NYS Legislative requests. A) B) C) D) E) F) G) H) I) J) General Motors P. I. L. O. T. Subsidy Economic Development Grant Renewal Sign and Facade Grant Senior Citizen Meals on Wheels Senior Citizen Group Fire Dept. Rescue Boat Fire Dept.Ladies Auxiliary Ambulance Corps North Tarrytown Cable Center Senior Citizens Van MOVED: T r u s t e e K y l a n d SECONDED: Trustee Alter Brief discussion ensued. $250,000. 80,000. 20,000. 10,000. 5,000. 3 0,000. 4,000. 10,000. 10,000. 17,500. VOTE: 6 "° �> i, Resolution Directing Halpern Enterprises To Revise Concept Plan. RESOLUTION # 2/16/90 Where as: Effective economic development programs must be flexible to the needs and interests of our community. Where as: It is the duty of the Board of Trustees of Forth Tarrytown to be responsive to community concerns and goals. Where as: The Proposed Rede vol opine nt Concept Plan submitted by Halpern Enterprises, Density of 1200 units and buildings consisting of 8 to 12 stories are in conflict with the concerns of the Board of Trustees and residents of North Tarrytown. Therefore: Be it resolved that the Board of Trustees of the Village of North Tarrytown here by direct Halpern Enterprises to revise the Proposed Redevolpment Concept Plan, to reflect a decrease of height and density that is acceptable to the Board of Trustees. Such revised concept plan shall be presented to the Board of Trustees on or before May 1,1990. MOVED: Trustee Treacy SECONDED: Trustee Alter VOTE; 6-0 v" �(PC: ACTING CHIEF JAMES P. BROPHY TELEPHONE (914) 631-0800 PoiicE department tillage of Sfortif Sarrgtniun. &f. 10591 FEBRUARY 5,1990 SUBJECT : OVERTIME FOR THE NORTH TARRYTOWN POLICE DEPARTMENT FROM MONDAY, JANUARY 29 UP TO AND INCLUDING SUNDAY,FEBRUARY 4, 1990. OFFICER OT HOURS IN LIEUT. 0' SHAUGHNESSY SGT. BOOTH SGT. HAYES SGT. CAIXIERO SGT. SCHRANK OFF. BIRO OFF. HROTKO OFF. CAMP OFF. PELLEGRINO **0FF. DICAIRANO OFF. WARREN *** OFF. EMERSON TOTALS AT TIME AND A 1/2 11 1/2 8 3/4 6 1/2 2 1/2 2 1 8 (Seas-4) 11 4 1/2 55 3/4 OFF DUE 17 1/4 12 1 1/8 9 3/4 3 3/4 3 1 1/2 12 16 1/2 6 3/4 17 1/4 12 1 1/8 9 3/4 3 3/4 3 1 1/2 12 ** 16 1/2 2 3/4*** 83 5/8 79 5/8 ** DO NOT PAY OFF. DICAIRANO,WILL BANK HIS HOURS** *** DO NOT PAY OFF. EMERSON, WILL BANK HER HOURS*** SUBMITTED, P. BRdPHY, ACTING CHIEF OF POLICE �d ' A.L*t,**S si J ^ ACTING C H I E F JAMES P . B R O P H Y TELEPHONE (914) 631-0800 Police department ttiilage of Nortlf Slarrgtnuin, N.fl. 10591 FEBRUARY 5,1990 SUBJECT : OVERTIME FOR THE NORTH TARRYTOWN POLICE DEPARTMENT FROM MONDAY,JANUARY 29 UP TO AND INCLUDING SUNDAY,FEBRUARY 4„ 1 9 9 0 . OFFICER AT TIME AND A 1 / 2 OT HOURS IN LIEUT. O'SHAUGHNESSY SGT. BOOTH SGT. HAYES SGT. CAIXIERO SGT. SCHRANK OFF. BIRO OFF. HROTKO OFF. CAMP OFF. PELLEGRINO * * 0 F F . DICAIRANO OFF. WARREN * * * OFF. EMERSON TOTALS 11 1/2 8 3/4 6 1/2 2 1/2 2 1 8 (Seas-4) 11 4 1/2 55 3/4 OFF DUE 17 1 / 4 12 1 1/8 9 3/4 3 3/4 3 1 1/2 12 16 1/2 6 3/4 17 1/4 12 1 1/8 9 3/4 3 3/4 3 1 1/2 12 ** 16 1/2 2 3/4*** 83 5 / 8 79 * * DO NOT PAY OFF. DICAIRANO,WILL BANK HIS HOURS** * * * DO NOT PAY OFF. EMERSON, WILL BANK HER HOURS*** SUBMITTED, JAMES P . BRGPHY ACTING CHIEF OF POLICE 5/8 �TELEPHONE (914) 631*0100 RICHARD J. SPOTA Police Btpartmmt SUUigc nf »orH Qtanntmmit K f . 10591 POLICE REPORT T o t a l Number C h a r g e d by 1. Arrested 2. Summoned JANUARY 1990 Policei . 169 .......••..•...,..•. 1012 1181 Total P e r s o n s Charged w i t h Crimes or V i o l a t i o n s : 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12 . V&T Moving V i o l a t i o n s V&T Non Moving V i o l a t i o n s D.W.I 150 2 5 Criminal Possession of Stolen Property 5th Criminal possession of stolen property 4th Criminal Sale of Controlled substance 3rd PcMt Larceny Harassment . Warrant Town of Creenburg Criminal Contempt Warrant N.T Hurp.lnry 3rd Warrant N.T Disorderly Conduct 2 ,,.. • Total 169 �I Parking Violations: 1. Metered Parking 2. Other Parking Violations ,..., 297 715 » Total Investigations of Investigations of Investigations of Aiding of Injured 1012 Reported Felonies Other Complaints Auto Accidents at Accidents Police Aid to Sick Persons Ambulance Requests Responding to Alarms Arrests on Warrants Missing Persons D.O.A Escorts • Checking 13 Dark Houses Other Calls for Assistance 7 324 25 2 Total 358 Total 44 47 19 3 0 0 4 154 209 480 • Respectfully submitted, Lt • James Brophy Acting Chief of Police » �-Z2X ORDINANCE FOR WETLAND/WATERCOURSE PROTECTION SECTION 1: FINDINGS OF FACT AND INTENT 1*1 Findings of Fact In their natural state, wetlands and watercourses complexes serve multiple functions, includingt 1. protecting water resources by providing sources of surface water, recharging groundwater and acquifers, serving as chemical and biological oxidation basins, and/or functioning as settling basins for naturally occurring sedimentation; 2. controlling flooding and stormwater runoff by storing or regulating natural flows? 3. providing unique nesting, migratory, and wintering habitats for diverse wildlife species, including many on the New York State and Federal Endangered Species lists; 4. supporting unique vegetative associations specifically adapted for survival in low oxygen environments and/or brackish or salt water; 5. providing areas of unusually high plant productivity which support significant wildlife diversity and abundance; 6. providing breeding and spawning grounds, nursery habitat, and food for various species of fish; 7. serving as nutrient traps for nitrogert and phosphorus, and filters for surface water pollutants; 8. helping to maintain biospheric stability by supporting particularly efficient photosynthesizers capable of producing significant amounts of oxygen, and supporting bacteria which process excess nitrates and nitrogenous pollutants and return them to the atmosphere as inert nitrogen gas; .9. serving as outdoor laboratories and living classrooms for the study and appreciation of natural history, ecology, and biology. Considerable acreage of these important natural resources has been lost or impaired by draining, dredging, filling, excavating, building, polluting, and other acts inconsistent with, the natural uses of such areas. Remaining wetlands are 1 �in jeopardy of being lost, despoiled, or impaired by such acts, contrary to the public safety and welfare. It is therefore the policy of the Village of North Tarrytown to protect its citizens, including generations yet unborn, by preventing the despoliation and destruction of wetlands while taking into account varying ecological, economic, recreational, and aesthetic values. Activities that may damage wetlands should be located on upland areas. 1.2 Intent It is the intent of the Village of North Tarrytown that activities in and around wetland/watercourse complexes conform with all applicable building codes, sediment control regulations, and other regulations, and that such activities not threaten public safety, the natural environment, or cause nuisances by: 1. impeding flood flows, reducing flood storage areas, or destroying storm barriers, thereby resulting in increased flood heights, frequencies, or velocities on other lands; 2. increasing water pollution through location of domestic waste disposal systems in wet soils; inappropriate siting of stormwater control facilities; unauthorized application of fertilizers, pesticides, herbicides and algicides; disposal of solid wastes at inappropriate sites; creation of unstabilized fills; or the destruction of wetland ;soils and vegetation serving pollution and sediment control functions; 3. increasing erosion; 4. decreasing breeding, nesting, and feeding areas for many species of waterfowl and shorebirds, including those rare and endangered; 5. interfering with the exchange of nutrients needed by fish and other forms of wildlife; 6. decreasing habitat for fish and other forms of wildlife; 7. adversely altering the Recharge or discharge functions of wetlands and watercourse thereby impacting groundwater or surface water supplies; 8. significantly altering the wetland/watercourse hydroperiod and thereby causing either short-or long-term changes in vegetational composition, soils characteristics, nutrient recycling, or water chemistry; 2 �I 9. destroying sites needed for education and scientific research, such as outdoor biophysical laboratories, living classrooms, and training areas9 10. interfering with public rights in navigable waters and the recreation opportunities provided by wetlands/watercourse for fishing, boating, hiking, birdwatching, photography, camping, and other passive uses; or SECTION 2 s APPLICABILITY AND NON-CONFORMING ACTIVITIES 2.1 Wetlands and Wetland Buffers? New Projects This ordinance shall apply to ail lands defined as Wetlands and Wetland Buffers, Watercourse and watercourse buffers, in Section 3 and to any proposed regulated activity as defined in Section 4.2 not physically completed as of the effective date of this ordinance. ' As used in this section, the term "physically completed" shall mean the actual completion of construction activities related to a regulated activity, including filling, erection of structures, or other improvement or development activities. 2.2 Rules for Establishing and Interpreting Wetland /Watercourse Boundaries The North Tarrytown Planning Board may consult, and/or may require the Applicant to consult with biologists, hydrologists, soil scientists. - ecologists/botanists, land surveyors or other experts as necessary to make a determination as to the boundaries of the wetlands pursuant to the definition criteria contained in Section 3. The cost of such studies and/or -consultation shall be borne by the Applicant. 2• 3 Grandfathered Projects• * The provisions of this ordinance shall not apply to any land use, improvement or development physically completed prior to the effective date of this ordinance. As used in this section, the term "physically completed" shall mean the actual completion of construction activities related to a regulated activity, including filling, erecting structures, or other improvement or development activities. 3 �2.4 Current Projects and Non-conforming Activities A regulated activity that was approved prior to passage of this ordinance and to which significant economic resources have been committed pursuant to such approval but which is not in conformity with the provisions of this ordinance may be continued subject to the following: 1. All such activities shall continue to be governed by the present laws of the Village of North Tarrytown. 2. No such activity shall be expanded, changed, enlarged, or altered in such a way that increases its non-conformity without a permit. 3. If a non-conforming activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this ordinance. 4. If by be of 5. Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming activities. SECTION 3: any non-conforming use or activity is destroyed human activities or an act of God, it shall not resumed except in conformity with the provisions this ordinance. DEFINITIONS Words or phrases used in this ordinance shall be interpreted as defined below, and where ambiguity exits words or phrases shall be interpreted so as to give this ordinance its most reasonable application in carrying out the regulatory goals stated in Section 1: ADJACENT AREA See "Wetland Buffer" AGRICULTURAL ACTIVITY The Activity of an individual farmer or other landowner ins grazing and watering livestock; making reasonable use of water resources for agricultural purposes; harvesting the natural products of wetlands, excluding peat mining,and timber harvesting ; and selective cutting of trees. Agricultural activity does not mean clear cutting of trees? filling or selective cutting of trees. Agricultural activity does not mean clear cutting trees; filling of deposition of spoil; mining; or draining for growing agricultural products or for other purposes. 4 �,- '7SP 3?^ APPLICANT A person who files an application for permit under this local law and who is either the owner of the land on which the proposed regulated activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such person. APPROVAL AUTHORITY The municipal or administrative board or public official or municipal employee empowered to grant or deny permits under this local law, to require the posting of bonds as necessary, and to revoke or suspend a permit where lack of compliance to the permit is established. The Approval Authority for the Village of North Tarry town in the Planning Board. AQUICULTURE Cultivating and harvesting products, including fish and vegetation, that are produced naturally in freshwater wetlands/watercourses, and installing cribs, racks, and other in-water structures for cultivating these products; but does not include filling, dredging, peat mining, clear cutting, or the construction of any buildings or any water-regulating structures such as dams. BOUNDARY OF A WETLAND The outer limit of the soils and/or vegetation as defined under "Wetland/Freshwater Wetland." CLEAR CUTTING Any cutting of more than 30% of trees four inches or more in diameter at breast height (4.5*) over any 10-year cutting cycle as determined on the basis of wetland area per lot or group of lots under single ownership, including any cutting of trees which results in the total removal of one or more naturally occurring species, whether or not he cut meets or exceeds the 30% threshold. COMMISSIONER The Commissioner of the Department of Environmental Conservation of the State of New York. DAMS AND WATER CONTROL MEASURES Barriers used, or intended to, or which, even though not intended in fact do, obstruct the flow of water or raise, lower, or maintain the level of water. DATE OF RECEIPT OF APPLICATION BY ENVIRONMENTAL CONSERVATION COMMISSION An application shall be deemed "ReceivedH by the Environmental Conservation Commission on the date of the first regular meeting, following the filing of the application and supporting plans pursuant to the provisions of this law. DEPOSIT To fill grade, discharge, emit, dump, or place any material or the act thereof. �! I I DISCHARGE The emission of any water, substance, or material into a wetland or wetland buffer whether or not such substance causes pollution. DOMINANT (S) or DOMINANCE A dominant species is either the predominant plant species (i.e. the only species dominating a vegetative unit) or a codominant species (i.e. when two or more species dominate a vegetative unit). The measures of spatial extent are percent areal cover for all vegetation units other than trees, and basal area for trees. In this ordinance, dominance refers to the spatial extent of a vegetative species because spatial extent is directly discernible or measurable in the field. DRAIN To deplete or empty of water by drawing off by degrees or in increments. DREDGE To excavate or remove sediment, soil, mud, sand, shells, gravel, or other aggregate. ECOLOGI ST/BOTANIST A person having special knowledge of the physical, chemical, and biological sciences related to the physiology, identification, and distribution of native plants and vegetative associations in wetland and upland systems and of methods to describe, classify, and delineate vegetative species and associations. This person must possess a minimum of two years experience in classifying and mapping upland and wetland vegetation and at least a bachelors degree, with 30 semester hours (credits), or equivalent in biology, physical science, and chemistry, with a minimum of 8 semester hours (credits) in botany; Individuals who do not meet the above minimum qualifications but who possess at least 10 years experience identifying and mapping native vegetation are qualified if they have completed at least 12 semester hours (credits) in botany. EXCAVATE To dig out and remove any material from a wetland/watercourse or wetland/watercourse buffer. FACULTATIVE SPECIES Vegetative species that can occur in both upland and wetland systems. There are three subcategories of facultative species: facultative wetland, straight facultative, facultative upland. Under natural conditions,a facultative wetland species is usually (estimated probability of 67-99%) found in wetlands, but occasionally in uplands; a straight facultative species has basically a similar likelihood (estimated probability of 3466%) of occuring in both wetlands and uplands; a facultative upland species is usually (estimated probability of 67-99%) found in uplands, but occasionally in wetlands. FERROUS IRON soils. The reduced form of iron found in waterlogged 6 �I FILL d See "Deposit." FRESHWATER WETLANDS MAP The final freshwater wetlands map for Westchester County promulgated by the Commissioner of the New York State Department of Environmental Conservation pursuant to subdivision 24-0301.5 of the New York State Freshwater Wetlands Act, or such map as has been amended or adjusted, and on which are indicated the approximate locations of the actual boundaries of wetlands regulated pursuant to Article 24 of the Environmental Conservation Law. GRADING To adjust the degree of inclination of the natural contours of the land, including leveling, smoothing, and other modification of the natural land surface. GROWING SEASON The portion of the year when soil temperatures are above biologic zero (5 degrees C); the growing season for Westchester County is March through October. HISTOS0LS/ORGANIC SOILS A taxonomic order composed of organic soils (mostly peats and mucks) that have organic materials in over half the upper 32 inches unless the depth to rock or to fragmental materials is less than 3 2 inches (a rare condition), or the bulk density is very low, and as further defined under "Wetland." HYDRIC SOIL A soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part as further defined under "Wetland." HYDROPHYTIC VEGETATION Macrophytic plant life growing in water or on a substrate that is at least periodically sufficient in oxygen as a result of excessive water content, and as further defined under "Wetland." LONG DURATION A duration class referring to flooding or inundation in which inundation for a single event ranges from 7 days to 1 month. MATERIAL Liquid, soil, or gaseous substances including but not limited soil, silt, gravel, rock, clay, peat, mud, debris, and refuse; any organic or inorganic compound, chemical agent or matter; sewage sludge or effluent; or industrial or municipal solid waste. MICROSITE A small site supporting facultative or obligate vegetation anomalous within the context of the larger vegetative unit. Microsites may be drier or wetter than surrounding areas as a result of altered drainage, incidental topographic variation or a related characteristic. 7 �u MINERAL SOIL A soil consisting predominantly of, and having its properties determined predominantly by, mineral matter. Mineral soils usually contain less than 20% organic matter by weight. MITIGATION PLAN The plan prepared by the Applicant pursuant to Section 5.5 when the Applicant has demonstrated that either losses or impacts to the wetland or wetland buffer are necessary and unavoidable as defined in Section 5.4.4 and have been minimized to the maximum extent practicable. MUNICIPALITY The Village of North Tarrytown. MUNSELL SOIL COLOR CHARTS A soil color designation system that specifies the relative degree of the three simple variables of color: hue, value, and chroma, produced by Kollmorgen Corporation, 1975, or as amended or updated from time to time. OBLIGATE UPLAND SPECIES Plant species that, under natural conditions, always occur in uplands (i.e. greater than 99% of the time) . The less than 1% difference allows for anomalous wetland occurrences (i.e. occurrences that are the result of human-induced disturbances and transplants). Obligate upland species for the northeast are listed in the "Wetland Plants of the State of New York 1986" published by the U.S. Fish and Wildlife service in cooperation with the National and Regional Wetland Plan List Review Panels and as updated from time to time. PERMIT That form of written Municipal approval required by this law for the conduct of a regulated activity within a wetland/watercourse or buffer. PERSON "See Applicant." POLLUTION Any harmful thermal effect of the contamination or rendering unclean or impure of any wetland or waters by reason of erosion, or by any waste or other materials discharged or deposited therein. PROJECT Any proposed or ongoing action which may result in direct or indirect physical or chemical impact on a wetland/watercourse, including but not limited to any regulated activity. REMOVE To dig, dredge, suck, bulldoze, dragline, blast, or otherwise excavate or grade, or the act thereof. RENDERING UNCLEAN OR IMPURE Any alteration of physical, chemical or biological properties of any wetland or waters including but not limited to change in odor, color, turbidity, or taste. 8 �3 3<-f SELECTIVE CUTTING Any cutting of trees within the boundaries of a wetland or wetland buffer that is not "Clear Cutting" as defined in this Section. SOIL SCIENTIST A person having special knowledge of the physical, chemical, and biological sciences applicable tot he genesis and morphology of soils as natural bodies and of the methods to describe, classify, and map soil units. This person must possess a minimum of two years experience in classifying and mapping soils, or comparable field experience, or a masters degree in soil science; and a bachelors degree, with 30 semester hours (credits) or equivalent in biology, physical science and earth science with a minimum of 8 semester hours (credits) in soil science. Individuals who do meet the above minimum qualifications but who possess at lest 10 years experience in mapping soils are qualified if they have completed at least 12 semester hours (credits) in soil science. STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) The law pursuant to Article 8 of the New York Environmental Conservation Law providing for environmental quality review of actions which may have a significant effect on the environment. STRUCTURE Anything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on the ground, including but not limited to buildings, tennis courts, and swimming pools. SUBDIVISION Any division of land into two or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy, including any grading, road construction, installation of utilities, or other modifications or any other land use and development preparatory or incidental to any such division, by any person or by any other person controlled by, under common control with or controlling such person, or by any group of persons acting in concert as part of a common scheme or plan. "Subdivision" of land shall include any map, plat or .'other plan of division of land, whether or not previously filed, "Subdivision" of land shall not include the lease of land for open space recreational use and shall not include the division of land by bona fide gift, devise or inheritance. "Subdivision" shall include the creation of units in the condominium form of ownership and the creation of leaseholds in a cooperative. VERY LONG DURATION A duration class referring to flooding or inundation in which inundation for a single event is greater than 1 month. �WATERCOURSE "Any natural or artificial, or permanent or intermittent, public or private water body or water segment, such as ponds, lakes, reservoirs, rivers, streams, brooks, waterways, that are contained within, flow through, or border on the Municipality. WATER TABLE The zone of saturation at the highest average depth during the wettest season. WETLAND/FRESHWATER WETLAND of the following criteria: Any area which meets one or more 1. Lands and waters of the State that meet the definition provided in subdivision 24-0107.1 of the New York State Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law) and have an area of at lest 12.4 acres or, if smaller, have unusual local importance as determined by the Commissioner pursuant to subdivision 24-0301.1 of the Act. The approximate boundaries of such lands and waters are indicated on the official freshwater wetlands map promulgated by the Commissioner pursuant to subdivision 24-0301.5 of the Act, or such a map that has been amended or. adjusted pursuant to section 24-0301.6 of this Title. 2. All areas that comprise hydric soils and/or are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation. The following criteria shall be used to determine the presence of hydrophytic vegetation, hydric soils, and wetland hydrology: a. Hydrophytic Vegetation (1) The presence of obligate wetland species, particularly as dominants, in a vegetation unit shall be considered diagnostic of wetlands. Facultative species may be present but obligate upland species cannot be present on other than microsites. Obligate and facultative vegetative species shall be defined according to Section 3 of this ordinance and are listed in the "Wetland Plants of the State of New York 1986" prepared by the U.S. Fish and Wildlife Service in cooperation with the National and Regional Wetland Plant List Review Panels, as amended from time to time. 10 �(2) Plants with adaptations to inundation and/or saturated soil conditions shall be considered diagnostic wetlands. Such adaptations include but are not limited to pneumatophores, buttressed tree trunks r floating stems, floating leaves, multiple trunks, hypertrophied lenticels, and inflated leaves, steins, or roots. (3) Any. combination of the three categories of facultative species (i.e. facultative wetland, straight facultative, and/or facultative upland) shall be considered indicative of a wetland if the vegetation unit in which they occur has hydric soils, as defined herein, and one or more hydrologic indicators, also defined herein, are at least periodically present during the growing season. In addition, obligate upland species must either be absent or present only on microsites and/or larger similar inclusions. Hydric Soils (1) Technical Definition A hydric soil is a soil that is saturated, flooded, or ponded long enough during the ; growing season to develop anaerobic conditions in the upper part, and includes all soil defined by the following criteria: (a) All Histosols, or (b) Mineral soils that are: (i) Somewhat poorly drained and have a water table less than 6.0 inches from the surface for a significant period (usually one week or more) during the growing season, or (ii) Poorly drained or very poorly drained and have either: - a water table at less than 1.0 ft from the surface for a significant period (usually one week or more) during the growing 11 �season if permeability is equal to or greater than 6.0 in/hr in all layers within 20 inches, or - a water table less than 18 inches from the surface for a significant period (usually one week or more) during the growing season if permeability is less than 6.0 in/hr in any layer within 20 inches, or (c) Soils that are ponded for long duration or very long duration during the growing season, or (d) Soils that are frequently flooded for long duration or very long duration during the growing season. Field Evidence of Hydric Soils The presence of one or more of the following indicators shall be diagnostic of the presence of hydric soils: (a) Organic Soils Histosols) or mineral soils with a histic epipedon": Histosols are organic soils (mostly peats and mucks) that have organic materials in more than half (by volume) the upper 32 inches of the soil profile unless the depth to bedrock or fragmental materials is less than 32 inches or the bulk density is very low. A histic epipedon is an 8~to 16-inch soil layer at or near the surface that is saturated for 30 consecutive days or more during the growing season in most years and contains a minimum of 20% organic matter when no clay is present, or a minimum of 30% organic matter when 60% or greater clay is present. In general, a histic epipedon is a thin horizon of peat or muck if the sod has not been plowed. 12 �M (b) Gleying or mottling with a soil matrix chroma of less than or equal to 2 in mineral soils, determined as follows* (i) Soil samples shall be taken at approximately 18 inches in depth, or immediately below the "A* horizon, whichever is higher in the soil profile and the sample shall be moistened if dry at the time of examination. (ii) Munsell Soil Color Charts shall be used to record soil matrix color and mottle color (i.e. hue, value, and chroma). (iii) Munsell Soil Color Charts shall be used to establish the presence or absence of gleying. (iv) The following diagnostic soil key shall be applied to confirm whether the colors in the soil matrix are indicative of hydric soil conditions: la. Soil is mottled: 2a. Matrix is gleyed.. .hydric 2b. Matrix is not gleyed.. .hydric 3a. Matrix chroma is _ 2 hydric "" 3b. Matrix chroma is 2...not hydric lb. Soil is not mottled: 4a. Matrix is gleyed...hydric 4b. Matrix is gleyed: 5a. Matrix chroma is _ 1 hydric \ 5b. Matrix chroma is l...not hydric (c) Hydrogen sulfied odor. (d) Iron or manganese concretions occurring as small aggregates near the soil surface. (e) Ferrous iron. 13 �c. Hydrologlc Indicators The following indicators of wetland hydrology may be used to confirm that a site with hyrophytic vegetation and hyrdic soils still exhibits hydrologic conditions typically associated with such vegetation and soils but shall not be used to determine wetland boundaries: (1) Recorded data such as tide gauges, stream gauges, flood predictions, aerial photographs, or other historical data; (2) Visual observation of inundation: {?) Visual observation of soil saturation within the upper 12 inches of soil; (4) Sediment deposits as a result of flooding; (5) Drift lines as a result of flooding; (6) Surface scouring as a result of flooding; (7) Wetland drainage patterns such as meandering. WETLAND/WATERCOURSE BUFFER The wetland buffer is a specified area surrounding a wetland, that is intended to provide some degree of protection to the wetland from human activity and other encroachment associated with development. The wetland buffer shall be subject to the regulations for wetlands as defined in this ordinance and shall be determined to be the area extending 100 feet horizontally away from and paralleling the.wetland boundary, or greater than 100 feet where designated by either the Commissioner of DEC or the local Approval Authority. WETLAND PLANTS OF THE STATE OF NEW YORK 1986 The list of obligate and facultative upland and wetland species developed by the U.S. Department of Interior Fish and Wildlife Service in cooperation with the National and Regional Wetland Plant List Review Panels, as amended and updated from time to time. WETLAND HYDROLOGY The sum total of wetness characteristics in areas that are inundated or have saturated soils for a sufficient duration to support hydrophytic vegetation. SECTION 4: PERMIT REQUIREMENTS No regulated activity shall be conducted In a wetland/watercourse or wetland/watercourse buffer without a written permit from the North Tarrytown Planning Board and full compliance with the terms of this ordinance and other applicable regulations. All activities that are not permitted as-of-right or by permit shall be prohibited. 14 I �i 4.1 Permitted Uses The following uses shall be permitted as-of-right within a wetland/watercourse of wetland/watercourse buffer to the extent that they are not prohibited by any other ordinance; and to the extent that they do not constitute a pollution or erosion hazard or interfere with proper drainage; and provided they do not require structures, grading, fill, draining, or dredging except as authorized by permit: 4.2 1. normal ground maintenance including mowing, trimming of vegetation and removal of dead or diseased vegetation around a residence; 2. selective cutting as defined in Section 3; 3. repair of walkways and walls; 4. decorative landscaping and planting in wetland/watercourse buffers, excluding those activities regulated in Sections 4.2 (11 and 4.2 (12); 5. public health activities, orders, and regulations of the Westchester County Department of Health and/or the New York State Department of Health for emergencies only; 6. disposition or removal of natural products of wetlands/watercourses in the process or recreational or commercial fishing, shellfishing, aquiculture, hunting or trapping, but excluding excavation and removal of peat or timber, except as provided in Section 4.1.2; 7. agriculture activities as defined in Section 3. Regulated Activities Regulated activities include all activities within a wetland/watercourse or buffer other than those specified in Section 4.1 and may be permitted upon written application to the North Tarrytown Planning Board Regulated activities include, but are not limited to: 1. 2. 3. 4. placement or construction of any structure; any form of draining, dredging, excavation, or removal of material either directly or indirectly; any form of dumping, filling, or depositing of material either directly or indirectly; installation of any service lines or cable conduits; 15 �I 5. introduction of any form of pollution, including but not limited to the installation of a septic tank, the running of a sewer outfall, or the discharging of sewage treatment effluent or other liquid wastes into or so as to drain into a wetland; 6. alteration or modification of natural features and contours; 7. alteration or modification of natural drainage patterns; 8. construction of dams, docks,, or other water control devices, pilings or bridges, whether or not they change the natural drainage characteristics; 9. installation of any pipes or wells; 10. clear cutting of any area of trees; 11. removal or cutting of any vegetation except as permitted in Section 4.1.2; 12. deposition or introduction of organic or inorganic chemicals, including pesticides and fertilizers; 13. grazing of one or more horses, or other animal, and any agricultural activity which involves draining or excavation of a wetland, except as permitted in Section 4.1.7; 14. any other activity that may impair the natural function(s) of a wetland as described in Section 1 of this ordinance. SECTION 5: STANDARDS AND PROCEDURES FOR PERMITS 5.1 Procedures for Permits 1. No regulated activity shall be conducted without an issuance of a written permit from the North Tarrytown Planning Board. Application for permit shall be made in duplicate to the North Tarrytown Planning Board on forms furnished by the Village Clerk. 2. The Planning Board shall establish a mailing list of agencies who wish to be notified of such applications. • Upon receipt of the completed application, the Planning Board shall notify the individual and agencies, Including Federal, State and local agencies having jurisdiction over or an interest;in the subject matter to provide such individuals and agencies with an opportunity to comment • * 3. An application shall not be deemed complete unit and unless art Applicant has complied fully with the procedures of the State Environmental Quality Review Act (Article 8 of the State Environmental Conservation Law). The action of the Planning Board upon any application for a 1 a �permit under this law shall in all cases, except the case of the construction of a single residence upon a residential lot, be deemed a Type 1 action as that term is defined in the regulations promulgated by the New York State Department of Environmental Quality Review Act. In the case of an application for a permit with respect to such single residence, the Planning Board shall classify the said action as provided in the said regulations. All permits shall expire on completion of the acts specified and, unless otherwise indicated, shall be valid for a period of one year from the date of issue. An extension of an original permit may be granted upon written request of the Planning Board by the original permit holder or his/her legal agent at least 90 days prior to the expiration date of the original permit. The Planning Board may require new hearings if, in its judgment, the original intent of the permit is altered or extended by the renewal, or if the Applicant has failed to abide by the terms of the original permit in any way. The request for renewal of a permit shall follow the same form and procedure as the original application except that the Planning Board shall have the option of not holding a hearing if the original intent of the permit is altered or extended in any signification way. within.five (5) days of its receipt of a completed application for a permit, the Planning Board shall provide the Applicant with a Notice of Application which the Applicant shall publish at his or her own expense at least once in each of at least two newspapers having a general circulation in the North Tarrytown. Said Notice of Application shall be in a form prescribed by the Planning Board. a. specify that persons wishing to object to the application should file a notice of objection by a specified date, together with a statement of the grounds of objection to the application, with the Planning Board. b. specify that the application, including all documents and maps therewith, is available for public inspection at the office of the Village Clerk. 17 �Permit Applications 1. Any application for a permit which shall be filed with the Planning Board shall contain the following information. a. Name and address of the owner; b. Street address and tax map designation of the property? c. Statement of authority from the owner for any agent making application; d. Statement of proposed work and purpose thereof, and an explanation why the proposed activity cannot be located at another site, including an explanation of how the proposed activity is dependent on wetlands or water-related resources; e. A list of the names of the owners of record of lands adjacent to the wetland/watercourse or wetland/watercourse buffer in which the project is to be undertaken, and the names of known claimants of water rights, of whom the applicant has notice, which relate to any land within, or within one hundred (100) feet of the boundary of the property on which the proposed regulated activity will be located; f• Complete plans and estimates for the proposed site improvements, which shall be certified by an engineer, architect, land surveyor, or landscape architect licensed in the State of New York, drawn to a scale no less detailed than one inch equals thirty feet, and showing the following: (1) the location of all wetlands/watercourses as determined by a qualified ecologist/botanist and/or soil scientist no earlier than 12 months prior to the date of filing the application; (2) a description of the vegetative cover of the regulated area, including dominant species; (3) a description of the soil types on-site; (4) location of the construction area, or area proposed to be disturbed, and its relation to property lines, roads, and buildings, within 250 feet; and watercourses within 18 �100 feet; (5) the exact locations and specifications for all proposed draining, fill, grading, dredging, and vegetation removal, including the amount computed from cross-sections, and the procedures to be used; (6) 'location of any well(sJ and depth(s) thereof, and any disposal system within 50 feet of area(s) to be disturbed; (7) existing and adjusting contours at 2-foot intervals in the proposed disturbed area, and to a distance of 50 feet beyond; and elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than 5 feet; (8) details of any drainage system proposed for both for the conduct of work, and after completion thereof, including locations at any point discharges, artificial inlets, or other human-made conveyances which would discharge into the wetland/watercourse or wetland/watercourse buffer, and measures proposed to control erosion both during and after the work; (9) where creation of a lake or pond is proposed, details of the construction of any dams, embankments, outlets or other water control devices; and analysis of the wetland/watercourse hydrologic system, including seasonal water fluctuation, inflow/outflow calculations, and subsurface soil, geology, and groundwater conditions; (10) where creation of a detention basin is proposed, with or without excavation, details of the construction of any dams, berms^ embankments, outlets, or other water control devices, and an analysis of the wetland/watercourse hydrologic system, including seasonal water fluctuation, inflow/outflow calculations, and subsurface soil, geology, and groundwater conditions; (11) a completed Environmental Assessment Form as required by the New York State Environmental Quality Review Act. Copies of all applicable County, State, or Federal permits or1 permit applications that are 19 �required for such work. h. In the case of applications for projects which propose encroachment into the wetland/watercourse buffer only, or where the total amount of disturbed area is less than one quarter acre, or whose total cost does not exceed $5,000.00 the Planning Board may waive the requirements outlined in Section 5.2.1. (f), but shall require an application containing the information outlined in Section 5.2.1 (a) through (3) and 5.2.1 (h), as well as a plan clearly showing the scope and details of the project. 2. The Planning Board may require additional information as needed such as the study of flood, erosion, or other hazards at the site and the effect of any protective measures that might be taken to reduce such hazards; and other information deemed necessary to evaluate the proposed use in terms of the goals and standards of this ordinance. 3. An application fee shall be charged according to the following schedule and shall be presented at the time the application is filed: a. Residential and Commercial Uses $75.00 Plus $500.00/acre of wetlands on the property b. All Other Uses ....$75.00 4. All information relating to a permit application, including but not limited to the application itself, additional required materials or information, notices, record of hearings, written comments, and findings shall be maintained on file in the office of the Village Clerk. 5. The Planning Board, its agents of employees, may enter upon any lands or waters for good cause shown for the purpose of undertaking any investigations, examination, survey, or other activity for the purposes of this ordinance. Public Hearings The Planning Board shall hold a public hearing on the application at such time as it deems appropriate, in order to give the public at least fifteen days notice thereof. It shall publish notice thereof in each of at least two newspapers having a 20 �general circulation in North Tarrytown, and give at least fifteen (15) days notice to each of the persons named in the application pursuant to Item (e) of Subsection 5.2(1) of the information required therein. Insofar as possible, any public hearing on the application shall be integrated with any public hearing required or otherwise held pursuant to any other law, including the State Environmental Quality Review Act. Any hearing may be held by the Planning Board or by a hearing officer designated by the Board. All hearings shall be open to the public and a full and complete record of each hearing shall be made. The record of any hearing shall become part of the permanent record of a permit application as specified in Section 5.2.4. Any party may present evidence and testimony at the hearing. At the hearing, the Applicant shall have the burden of demonstrating that the proposed activity will be in accord with the goals and policies of this ordinance and the standards set forth below. •4 Standards for Permit Decisions 1. In granting, denying or conditioning any permit, the Planning Board shall evaluate wetland/watercourse functions and the role of the wetland/watercourse in the hydrologic and ecological system, and shall determine the impact of the proposed activity upon health and safety, rear and endangered species, water quality, and additional wetland /watercourse functions listed in Section 1 of this ordinance. In this determination, it shall consider the following factors, and shall issue written findings with respect to: a. the impact of the proposed activity, and existing and reasonably anticipated similar activities, upon neighboring land uses and wetland/watercourse functions as set forth in Section 1 of this ordinance, including but not limited to the: (1) infilling a wetland/watercourse of other modification of natural topographic contours; (2) disturbance or destruction of natural flora and fauna? (3) influx of sediments or other materials causing increased water turbidity and/or substrate aggradation; 21 �(4) removal or disturbance of , wetland/watercourse soils; . (5) reductions in wetland/watercourse water supply; * (6) interference with wetland/watercourse circulation; (7) damaging reduction or increases in wetland/watercourse nutrients.; (8) influx of toxic chemicals and/or heavy metals; (9) damaging thermal changes in the wetland/watercourse water supply; (10) destruction of natural aesthetic values; b. any existing wetland/watercourse impacts and the cumulative effect of reasonably anticipated future wetland/watercourse activities in the wetland/watercourse subject to the application; c. the impact of the proposed activity and reasonably anticipated similar activities upon flood flows, flood storage, storm barriers, and water quality; d. the safety of the proposed activity from flooding, erosion, hurricane winds, soil limitations, and other hazards, and possible losses to the Applicant and subsequent purchasers of the land; e. the adequacy of water supply and waste disposal for the proposed use; f. consistency with Federal, State, County and local comprehensive land use plans and regulations; g. the availability of preferable alternative locations on the subject parcel or, in the case of an activity which cannot be undertaken on the property without disturbance to wetlands/watercourse, the availability of other • reasonable locations for the activity whether or not such locations are under the ownership or control o^ the Applicant. The -Manning Board shall deny a permit if: a. the proposed activity may threaten public health and safety, result in fraud, cause nuisances, impair public rights to the enjoyment and use of public waters, threaten a rare or endangered species, violate pollution control standards, or 22 �3&? violate other Federal, State, or local regulations; or 3. b. it finds that the detriment to the public, measured by the factors listed in this Section, that would occur on issuance of the permit outweighs the non-monetary public benefits associated with the activity; or c. both the affected landowner and the local government have been notified by a duly filed notice in writing that the State of any agency or political subdivision of the State is in the process of acquiring any freshwater wetland or watercourse by negotiation or condemnation with the following provisions: (1) The written notice must include an indication that the acquisition process has commenced, such as that an appraisal of the property has been prepared or is in the process of being prepared. (2) If the landowner receives no offer for the property within one year of the permit denial, this ban to the permit lapses. If its negotiations with the applicant are broken off, the Stato of any agency or political subdivision must, within six months of the end of negotiation, either issue its findings and determination to acquire the property pursuant to Section 204 of the Eminent Domain Procedure Law or issue a determination to acquire the property without public hearing pursuant to Section 260 of the General Domain Procedure Law, or this ban to permit lapses. Preference will be given to activities that must have a shoreline or wetland/watercourse location in order to function and that will have as little impact as possible upon the wetland/watercourse buffer. In general, permission will not be granted for dredging or ditching solely for the purpose of draining wetlands, controlling mosquitoes, lagooning, constructing factories, providing spoil and dump sites, or building roadways that may be located elsewhere. The regulated activity must to the extent feasible be confined to the portion of a lot outside of a wetland/watercourse buffer. All reasonable measures must be taken to minimize impact upon the wetland or watercourse. o •* �)V 4. The Planning Board shall require preparation of a mitigation plan by the Applicant pursuant to Section 5.5 when the Applicant has demonstrated that either losses or Impacts to the wetland/watercourse buffer are necessary and unavoidable and have been minimized to the maximum extent practicable. For the purposes of this ordinance, wetland/watercourse impacts are necessary and unavoidable only if all of the following criteria are satisfied: a. the proposed activity is compatible with the public health and welfare; b. there is no feasible on-site alternative to the proposed activity, including reduction in density, change in use, revision of road and lot layout, and/or related site planning considerations, that could accomplish the Applicant's objectives; and c. there is no feasible alternative to the proposed activity on other site that is not a wetland/ watercourse buffer. 5.5 Mitigation Policy? Plan Requirements 1. After it has been determined by the Planning Board pursuant to Section 5.4.4 that losses of wetland/watercourse or buffers are necessary and unavoidable and have been minimized to the maximum extent practicable, the Applicant shall develop a mitigation plan which shall specify mitigation measures that provide for replacement wetlands/watercourses that recreate as nearly as possible the original wetlands/watercourses in terms of type, functions, geographic location and setting, and that are larger than, by a ratio of 2 to 1, the original wetlands/watercourses. For the purposes of mitigation losses of wetland/watercourse buffers will be viewed as losses of wetland. On-site mitigation shall.be the preferred approach; off-site mitigation shall be permitted only in cases where an on-site alternative is not possible. * 2. Mitigation plans developed to compensate for the loss of wetlands or wetland buffers shall include the following baseline data: a. Hydrologic Data Small Projects (Losses of 2 acres): Land use history, inacrotopography, general surficial geology and streamflow measurements, 24 �^5 -?. s^" 2 ~> groundwater l e v e l s , and groundwater q u a l i t y ; Moderate Projects (Losses of 2-10 a c r e s ) ; Data required for small p r o j e c t s plus microtopography, bedrock geology, s u r f i c i a l geology, streamflow v e l o c i t y measurements i f appropriate, s o i l pore water storage (organic s o i l s ) , and d i r e c t p r e c i p i t a t i o n measurements; Large Projects (Losses of 10 a c r e s ) ; Data required for small and moderate projects plus water balance a n a l y s i s (1-year study), groundwater s t o r a g e , groundwater flow r a t e s , s o i l pore water l e v e l and flow (organic s o i l s ) • b. Soils Small Projects: Soil profile descriptions, general soil survey data, bulk density, porosity, hydraulic conductivity, pHf conductivity, cation exchange capacity, redox potential, total phosphorous, total nitrogen, nitrate nitrogen, organic carbon; Moderate Projects? Data required for small projects plus fiber content (organic soils), phosphorous retention, pore water analysis (seasonally), alkalinity, exchangeable acidity, seedbank capacity, and soil organisms; Large Projects; Data required for small and moderate projects plus clay mineralogy, microbial assessment (seasonally), heavy metals content, pesticides residues, gas/toxin analysis (seasonally), peat features, soil temperature regime. c. Vegetation Small Projects; Areal wetland extent and qualitative measurement of percent plant cover, plant species list, vegetation cover type, • relative stem density, animal species list, slope, microtopography, plant vigor, surface water connections, habitat structure, vegetation/open water ration, surrounding terrestrial cover type; Moderate Projects; Data for small projects plus comprehensive animal species list, potential phosphorous uptake, potential nitrogen uptake; oc �Larcye Projects: Data for small and moderate projects plus quantitative measurement of stem density, evapotranspiration data, and net primary productivity. d. A monitoring schedule for a specified period of time as agreed to by the Environmental Conservation Commission. The Planning Board shall monitor, or shall cause to have monitored, projects "according to the specifications set torth in the permit, to determine whether the elements of the mitigation plan and permit conditions have been met and whether the wetland acreage created replaces the wetland acreage lost. To this end, the Planning Board may contract with an academic institution, an independent research group, or other qualified professionals at the expense of the Applicant, or may use its own staff expertise. The requirements for monitoring shall be specified in the mitigation plan and shall include, but not be limited to: a. the time period over which compliance monitoring shall occur; b. field measurements to verify the size and location of the impacted wetland area and the restored/replacement wetland area; c. d. the date of completion of the • restoration/replacement; * field verification of the vegetative, hydrologic, and soils criteria as specified in the mitigation plan and permit. < Any mitigation plan prepared pursuant to this Section and accepted, by the Planning Board shall become part of the permit for the application. 26 �Permit Condi Lions X. 2. Any permit issued pursuant to this ordinance may be issued with conditions. Such conditions may be attached as the.Planning Board deems necessary, pursuant to Section 5.4.4, to assure the preservation and protection of affected wetlands/watercourses and to assure compliance with the policy and the provisions of this ordinance and the provisions of the Planning Board rules and regulations adopted pursuant to this ordinance. Every permit issued pursuant to this ordinance shall ; . \ be in written form and shall contain thie following conditions: a. Work conducted under a permit shall be open to inspection at any time', including weekends and holidays, by the Planning Board, Village Engineer, or their designated representative(s). b. The permit shall expire on a specified date . c. The permit holder shall notify the Planning Board of the date on which the work is to begin, at least five (5) davs in advance of such date. d. The Planning Board permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the .lronr-* permit. 'In J «'»».•: The Planning Board shall set forth in writing in the file it maintains regarding a permit application its findings and reasons for all conditions attached to any permit. Such conditions may include, but shall not be limited to: a. limitations' on minimum lot size for any activity; b. limitation on the total portion of any lot or the portion of the wetland on the lot that may be graded, filled, or otherwise modified; c. modification of waste disposal and water supply facilities; d. imposition of operation controls, sureties, and deed restrictions concerning future use and subdivision of lands such as preservation of undeveloped areas in open space use, and limitations of vegetation removal; ol 27 �e. dedication of easements to protect wetlands/watercourses; '" * ft erosion control measures; g. setbacks for structures, fill, deposit of spoil, and other activities from the wetland; h. modifications in project design to ensure Jlf. continued water supply to the wetland/watercourses and circulation of waters; and/or > i. replanting of wetland/watercourse vegetation and construction of new wetland/watercourse areas to replace damaged or (destroyed areas. ,,„ n 4. The Planning Board shall include in the file it maintains regarding a permit application1 a copy of any mitigation plan prepared pursuant to Section 5.5.4, all comments received pursuant to Section 5.1.5, and a record of any bearing held pursuant to Section 5.3... t. 5. ThePlanning Board shall cause notice of its denial, ' issuance, or conditional issuance of a permit to be published in a daily newspaper having a broad circulation in the area wherein the wetland lies. 6 In the svent that the Court finds the action of the Planning Board constitutes a taking without .,_ compensation, and the land so regulated merits protection under this ordinance, the Court may, at ,, the election of the Planning Board either: a. Set aside the order, or b. Require the Planning Board of the Village of North Tarrytown, to request that Village Board of Trustee proceed under the condemnation law to acquire the. wetlands/watercourses or such less than- fee Rights therein as have been taken. Performance Bonflf 1. , ' ' The Planning Board may require that, prior to commencement or work under any permit issued pursuant to this ordinance, the Applicant or permittee shall post a bond in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations set forth in the permit. The particular amount and the conditions 6dB the bond shall be consistent with the purposes of this ordinance. The bond shall remain in effect until the Planning Board or on �its designated agent certified that the wr*rk has been completed in compliance with the terms of the v permit and the bond is released by the .Planning Board or a substitute bond is provided. In the event of a ' • • - ' breach of any condition of any such bond, the Planning Board may institute an action in the Courts upon such bond and prosecute the same to judgment and execution, 2. 5.8 The Planning Board shall set forth in writing in the file it keeps regarding a permit application its findings and reasons for imposing a bond pursuant to this Section. Other Laws and Regulations No permit granted pursuant to this ordinance shall remove an Applicant's obligation to comply in all respects with the applicable provisions of any other Federal, State, or local law or regulation, including but not limited to the acquisition of any other required permit or approval. 5• 9 Suspension^ or Revocation of Permits 1. The Planning Board may suspend or revoke a permit in the form of a Stop Work Order if it finds that the ,r Applicant or permittee has not complied with any or all of the terms of such permit, has exceeded the authority granted in the permit, or has failed to . undertake the project in the manner set forth in the approved application. 2. to consult or contract with expert reasons or agencies in reviewing a permit application; 3. to hold hearings and subpoena witnesses in the * exercise of its powers, functions, and duties provided for by this ordinance. SECTION 7: 7.1 VIOLATIONS AND PENALTIES Administrative Sanctions' Any person who undertakes any wetland or watercourse activity without a permit issued hereunder, or who violates, disobeys, disregards any provision of this law, including any provision of any permit issued pursuant to this law any rule or regulation adopted by the Planning Board pursuant to this law, shall be liable to the Village for a civil penalty of not more than five thousand dollars ,' for every such violation. Each consecutive day of• the violation will be considered a separate offense. 29 Such civil penalty may be �>\i* 1)1 Jvit: J ^u 1 ; v.v •;.- 7.2 recovered in an action brought by the Village at the request and in the name of the Planning Board in any court of competent jurisdiction. Such civil penalty may released or compromised toy the Planning Board penalty may be rele sed or compromised and any action commenced to recover the same may be settled and discontinued by the Planning Board. In addition, the Planning Board shall have power, following a hearing, to direct the violator to restore the affected wetland/watercourse to its condition prior to the violation, insofar as that is possible, within a reasonable time and'under the supervision of the Planning Board or its designate. Any such order of the Planning Board shall be enforceable in an action brought in any court of competent jurisdiction. Any civil penalty . or order issued by the Planning Board pursuant to this subdivision shall be reviewable in a proceeding pursuant to Article 7 0 of the State Civil Practice Law and Rules. Criminal Sanctions III Any person who knowingly or wilfully violates an order, nermit, ..rule or regulation of the Planning Board • ....•• :i .. regulating wetlands/watercourses and burfers pursuant to 'this ordinance shall, in addition, for the first offense, be guilty of a violation punishable by a fine of not less than five hundred and not more than one thousand dollars; for a second and each subsequent ' '". offense he or she shall be guilty of a misdemeanor punishable by a fine of not less than five hundred, and not more than one thousand dollars; for a second and each subsequent offense he or she shall be guilty of a misdemeanor punishable by a fine of not less than one thousand nor more than two thousand dollars or a term of imprisonment of not less than fifteen days or more than six months or both. In addition to these punishments, any offender may be.ordered by the court to restore the affected wetland/watercourse to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected.under the supervision of the Planning Board. Each offense shall be a separate and distinct offense, and, in the case of continuing offense, each day continuance thereof shall be deemed a • • .• separate and distinct offense. •mi I , SECTION 8: ENFORCEMENT I The Village is specifically empowered to seek injunctive relief restraining any violation or threatened violation of any provisions of this ordinance and/or compel the restoration of the affected wetland or wetland buffer to its condition prior to the violation of the provisions of this law. • 30 �SECTION 9: 9.1 REVIEW AND APPEAL Review Any decision or order of the Planning Board, or any officer or employee thereof, made pursuant to or within the scope of this law may be reviewed at the request of any person affected thereby, including but not limited to any owner of the affected wetland/watercourse or wetland/watercourse buffer and any resident or citizen of the village, by the Board of Trustees provided that such review is commenced by the filing with the Village of a notice of review within thirty days after service of such order or notice or such decision given, as the case may be• 9.2 Judicial Review Any determination, decision or order of the Planning Board, may be judicially reviewed pursuant to Article 78 of the Civil Practice Law and Rules in the Supreme Court for the County of Westchester, within thirty days after the date of the filing of the determination, decision or order of such Board with the Cleric of the Village. SECTION 10. SEVERABILITY If any clause, sentence, paragraph, section or part of this ordinance or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any part thereof to any other person or circumstances and to this end the provisions of each section of this law are hereby declared to be severable. 31 �h SECTION 11: AMENDMENTS This ordinance may from time to time be amended in accordance with the procedures and requirements of the general statutes and as new information concerning soils, hydrology, flooding, or botanical species peculiar to wetlands becomes available. Any person may submit in writing in a form prescribed by the Planning Board a request for a change in the regulations. The request shall be considered at a public hearing held in accordance with the provisions of the general statutes not less than ninety days after receipt of the written request. SECTION 12. ASSESSMENT RELIEF Assessors and boards of assessors shall consider ' wetland/watercourse regulations in determining the fair , market value of land. Any owner of an undeveloped wetland/watercourse who has dedicated an easement or entered into a perpetual conservation restriction with the Planning Board or a nonprofit organization to permanently control some or all regulated activities in the wetland/watercourse shall be assessed consistent with those restrictions. Such landowner shall also be exempted from special assessment on the controlled wetland to defray the cost of municipal improvements such as sanitary sewers, storm sewers, and water mains. SECTION 13: EFFECTIVE DATE This law shall take effect immediately upon filing in the office of the Secretary of the State of New York in accordance with the provisions of the Municipal Home Rule Law. 32 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_1990-02-06 Subject The topic of the resource Board of Trustees Minutes-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text