Code of the Town of New Paltz, New York

The Wetland and Watercourse Protection Law is currently under revision and is not currently in effect.

WETLAND AND WATERCOURSE PROTECTION LAW

TOWN OF NEW PALTZ

Local Law No. "B" of the Year of 2005

TABLE OF CONTENTS

· 139-1 TITLE AND PURPOSE

· 139-2 FINDINGS

· 139-3 INTENT

· 139-4 DEFINITIONS

· 139-5 REGULATED AREAS

· 139-6 NOTICE AND MAPPING

· 139-7 REGULATORY ACTION REQUIRED

· 139-8 REGULATED ACTIVITIES

· 139-9 PRE-EXISTING LAWFUL ACTIONS

· 139-10 ACTIVITIES ALLOWED WITHOUT A PERMIT

· 139-11 HIGHWAY DEPARTMENT ACTIVITIES

· 139-12 PROCEDURES FOR PERMITS

· 139-13 DELINEATION METHODOLOGY & BOUNDARIES

· 139-14 PERMIT DECISIONS

· 139-15 GENERAL STANDARDS

· 139-16 CONSERVATION PLAN IN LIEU OF PERMIT DENIAL

· 139-17 REFERRAL OF ZONING VARIANCES

· 139-18 VIOLATIONS AND PENALTIES

· 139-19 ENFORCEMENT

· 139-20 ADMINISTRATIVE REVIEW

· 139-21 RELIEF FROM PLANNING BOARD DECISIONS

· 139-22 ANNUAL REVIEW

· 139-23 AMENDMENTS

· 139-24 COMPLIANCE WITH ENVIRONMENTAL QUALITY REVIEW ACT

· 139-25 COORDINATION WITH GENERAL MUNICIPAL LAW SECTION 239-M

· 139-26 CONFLICT WITH OTHER REGULATIONS

· 139-27 REFERENCES TO LAWS, REGULATIONS, AND DOCUMENTS

· 139-28 SEVERABILITY

TOWN OF NEW PALTZ TOWN BOARD

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that a Public Hearing will be held in the Town of New Paltz Town Hall, 1 Veterans Drive, New Paltz, New York, on the _________________, at seven o'clock P.M. to consider "A Local Law to add a new Chapter 139, WETLANDS AND WATERCOURSE PROTECTION" to the Code of the Town of New Paltz to read as follows:

Section 1. The Code of the Town of New Paltz is hereby amended to add a new Chapter 139, "Wetland and Watercourse Protection," to read as follows:

--139-1.Title and purpose.

This Law shall be known as the "Wetland and Watercourse Protection Law of the Town of New Paltz."

It is the purpose of this Law to protect the health, safety and well-being of the citizens of the Town of New Paltz by preventing despoliation and destruction of wetlands, waterbodies and watercourses, and associated buffers collectively referred to herein as "regulated areas," recognizing their varying ecological, water quality, and recreational values. The Town of New Paltz hereby regulates activities that may cause substantial adverse effect to the function served by regulated areas or the benefits derived there from.

Local Law No. "B" of the Year 2005

WETLAND AND WATERCOURSE PROTECTION LAW

OF THE TOWN OF NEW PALTZ

Be it enacted by the Town Board of the Town of New Paltz as follows:

Section 1. The Code of the Town of New Paltz is hereby amended to add a new Chapter 139, "Wetland and Watercourse Protection," to read as follows:

chapter 139: wetlands and watercourse protection

· 139-1 TITLE AND PURPOSE

This Law shall be known as the "Wetland and Watercourse Protection Law of the Town of New Paltz."

It is the purpose of this Law to protect the health, safety and well-being of the citizens of the Town of New Paltz and of property therein by preventing despoliation and destruction of wetlands, waterbodies and watercourses, and associated buffer areas collectively referred to in --139-5 herein as "regulated areas," recognizing their varying ecological, water quality, and recreational values. The Town of New Paltz hereby regulates activities that may cause substantial adverse effect to the function served by regulated areas or the benefits derived therefrom.

--139-2 FINDINGS

The Town Board of the Town of New Paltz has reviewed, finds and affirms the following:

The Town has the authority to conserve and protect the regulated areas described in --139-5 pursuant to the police power vested in and granted to the Town of New Paltz under the Municipal Home Rule Law which recognizes the right of local governments to protect the general health, safety and well-being of persons and property therein.

The Town has the authority to conserve and protect certain of the regulated areas described in --139-5 by local statute under the New York State Freshwater Wetlands Act found in Article 24 of the Environmental Conservation Law, provided that the provisions of such statute are at least as protective of the regulated areas as the Freshwater Wetlands Actand regulations promulgated thereunder.

Federal, state, and local agencies, and private researchers highlight numerous values and beneficial services of wetlands, which are important to the health and welfare of the people of the Town of New Paltz.These include, but are not limited to, the following:

1. The protection of water quantity and quality by preserving sources of surface water, recharging groundwater and aquifers, serving as chemical and biological oxidation basins, serving as nutrient traps for nitrogen and phosphorus, filtering pollutants, and/or functioning as settling basins for naturally occurring sedimentation.
2. The protection of aquifers and waterbodies that are and may be used for water supply purposes.
3. The protection of stream channel and stream bank stability thereby controlling and reducing erosion, flooding, and related property damage.
4. The control of floodwater and stormwater by slowing water runoff and absorbing and temporarily storing water, thus helping to protect downstream areas from flooding. Public health and private property in one part of a watershed may be harmed if wetlands are destroyed in a different part of that watershed.
5. The provision of important breeding, nesting, feeding, migratory, cover, and wintering habitat for diverse fish and other wildlife species, including many listed as "special concern," "threatened," "endangered" and "rare" by New York State; or other government entities, including the U.S. Fish and Wildlife Service. The perpetuation of scores of species depends upon them. Many of the species are migratory and must have nesting, migration, and wintering habitat. The destruction of one kind of wetland habitat in one place may reduce populations of wildlife elsewhere. Vernal pools in particular are unique and critical habitats for native species of amphibians and reptiles.
6. Supplying food and organic detritus that support the fish and wildlife of adjacent waters.
7. The support of distinctive and less common vegetative associations specifically adapted for survival in low oxygen environments.
8. The provision of areas of unusually high productivity that support significant wildlife diversity and help to maintain ecological integrity.
9. The provision of recreational uses throughout the Town directly and by supporting recreation provided by other areas. Such recreation includes hunting, fishing, boating, hiking, bird watching, photography, camping and other uses. which are a social and economic value to the Town.
10. The provision of outdoor laboratories and living classrooms for environmental studies.
11. The provision of open space and visual relief from residential and commercial development and sense of connection with the natural world.

New Paltz is benefited by water resources that have contributed and continue to contribute greatly to agriculture, commerce, outdoor recreation, property values, scenery and quality of life. Adequate and suitable water for water supply, domestic, municipal, industrial, agricultural and commercial uses, the growth of forests, support of fish and wildlife,recreational enjoyment and other uses is essential to the health, safety and welfare of the economic growth and prosperity of the Town.

In recent years population growth and economic and recreational activities have made and will continue to make new and greater demands on waterbodies and watercourses for boating, fishing, bathing and water sports, and the lands adjacent thereto for access areas and recreation. Urban development has in many cases resulted in the filling in, diversion and destruction of watercourses, necessarily destroying aquatic habitat and lessening supplies of water for multiple use purposes.The unreasonable, uncontrolled and unnecessary interference with or defilement and disturbance of watercourses can create hazards to the health, safety and welfare of the people of the town, causing great economic loss by erosion of soil, increased costs of water purification and treatment, flooding, the destruction and failure of natural propagation of fish and aquatic resources and the loss of water for domestic, industrial, navigational, municipal, agricultural, recreational and other beneficial uses and purposes. The Town of New Paltz has authority and responsibility to preserve, protect and conserve such resources from destruction and damage and to promote the natural propagation of associated biota.

The integrity of wetlands, waterbodies and watercourses and maintenance of their full function and benefit is inextricably linked to the presence of intact, surrounding natural communities on adjacent buffer areas. As a boundary between ecosystems, such riparian zones are exceptionally rich in biodiversity and can protect or ameliorate water quality impacts from adjacent land uses.Among the essential functions and values provided by riparian buffer are:

1. Providing important, often critical, travel corridors and wetland-to-upland transitional habitats vital to many wetland/watercourse dependent species, including many amphibians, reptiles, birds and mammals. While undisturbed adjacent buffer areas comprise a relatively small portion of the landscape, they, in combination with wetlands and watercourses, are irreplaceable habitat links in the life cycles of the greatest proportion of area wildlife, including game and nongame species, a number of which are federal-, state- and county-listed as special concern, rare, threatened or endangered.
2. Serving as visual and noise barriers, protecting wetland/watercourse wildlife from human disturbance.
3. Ameliorating potentially harsh environmental conditions by absorbing wind and solar energy, facilitating the warming of surface waters during early spring to produce water temperatures vital to the initiation of the breeding cycles of many water-dependent invertebrates, amphibians, reptiles and fish; and providing shade, particularly during the growing season when the ambient heat load progresses, and allowing wetlands, watercourses and waterbodies to maintain cool, well-oxygenated water supplies during dry or warm periods.
4. Controlling flooding by slowing overland runoff and absorbing and storing substantial amounts of sheet flow, thereby assisting wetlands and watercourses in controlling flooding and gradually releasing flood flows to lower watersheds.
5. Trapping sediments in sheet flow, removing and assimilating excess nutrients from stormwater, and intercepting the soil-erosive force of precipitation, thereby protecting wetlands, waterbodies and watercourses against eutrophication (excess nutrient enrichment) and sedimentation, which can adversely affect proper wetland and watercourse functions and values.
6. Providing the first line of defense in the protection of wetlands, waterbodies and watercourses against the adverse impacts of stormwater-borne pollutants, including fertilizers, herbicides, pesticides, heavy metals, viral and bacterial agents associated with septic leachate, and various types of petroleum products. Buffer areas work synergistically with aquatic resources to protect groundwater and surface water quality.Buffers provide a practical and cost effective means of protecting wetlands and watercourses and controlling or preventing pollution.
7. Providing often unique wetland-to-upland transitional communities, with their own distinctive flora and fauna, unlike the habitat of wetlands, waterbodies and watercourses and drier uplands between which they lie. Consequently, buffer areas are critical ecological communities in their own right and serve as unique areas of substantial value for passive recreation, outdoor education and scientific research.

Unregulated land development activities and water withdrawals (wells and surface water intakes) and sewage collection systems may alter the hydrology of ground and surface waters, which can lead to substantial adverse effect to the function served by regulated areas or the benefits derived there from, thus posing a threat to the general health, safety and well-being of the persons and property of the Town of New Paltz and the surrounding region.

Destruction of wetlands has taken place in the past in numerous land use projects, and the present state and federal permitting system does not adequately protect local resources. First, state and federal permitting requirements are subject to change from time to time. The likelihood that all state and federal regulations are followed is undermined because local officials may not engage these regulations on a routine basis, and therefore may be ineffective in securing the integrity of the regulated areas. Second, both state and federal permitting systems lack adequate staffing for enforcement and compliance, which particularly allows for the destruction of smaller wetlands because there is no effective local presence available to monitor these resources.

Considerable acreage of freshwater wetlands in the state of New York has been lost, despoiled or impaired by unregulated draining, dredging, filling, excavating, building, pollution or other acts inconsistent with the natural uses of such areas. Other freshwater wetlands are in jeopardy of being lost, despoiled or impaired by such unrelated acts.Any loss of freshwater wetlands deprives the public of some or all of the many and multiple benefits to be derived from wetlands.

Some wetlands in New York State and adjacent buffers have no oversight from the state or federal governments.State jurisdiction typically extends only to wetlands of greater than 12.4 acres (unless of "unusual local importance"), and recent court and administrative decisions have limited federal jurisdiction over certain wetlands. The state Legislature did not enact state legislation proposed to compensate in part for these jurisdictional loopholes.

"Mitigation" projects provide uncertain benefits and are unreliable to replace the value inherent in a natural wetland that may be degraded.

Nonpoint source pollution is the primary cause of water quality problems in more than 90 percent of New York State's impaired waterbodies. Nonpoint source pollution results from the activities of the population as a whole, including small and large businesses, farmers, developers, large and small landowners and individuals. Local legislation to avoid the destructive impacts such activities, by protecting watercourse and wetland buffers, is warranted to reduce the damage from water-polluting and degrading activities.

The objectives of the Town of New Paltz Comprehensive Master Plan ("Master Plan") include protecting the community's many resources for the future by enhancing the natural beauty and rural quality of the community, and protecting environmentally sensitive areas and natural resources, waterways, flood plains and wetlands.The Master Plan also encourages the Town to consider techniques for "protecting the unique physical attributes of the community." State agencies such as DEC and the Department of State encourage towns to preserve wetlands and open spaces, including by local regulatory legislation. In the case of wetlands, this responsibility lends itself to local legislation to preserve, protect, and conserve wetlands currently not included under pertinent Federal and State regulatory protection.

--139-3 INTENT

1. It is the intent of this Law to conserve and protect the regulated areas described herein within the municipality but outside the jurisdiction of the incorporated Village under the police power vested in and granted to the Town of New Paltz pursuant to Municipal Home Rule Law Section 10 to protect the general health, safety and well-being of persons and property therein.

2. It is the intent of this Law to conserve and protect the regulated areas described herein and, consistent with this objective, to avoid the loss or impairment of the natural functions and values of regulated areas.

3. It is the intent of this Law to protect areas that are not currently regulated under state and federal programs, and to provide locally increased protection to areas currently regulated by state and federal programs.It is also the intent of this Law to discourage impacts by activities which are not dependent on aquatic resources, as exemplified in federal Environmental Protection Agency regulations prohibiting discharges of dredged or fill material in wetlands when less damaging alternatives are available, and presuming such alternatives to be available if a project is not a water-dependent project.

4. It is the intent of this Law to exercise concurrent jurisdiction rather than to supersede that of the NYS Department of Environmental Conservation and the US Army Corps of Engineers for regulated areas within the Town.

5. It is the intent of this Law to establish policy and controls reasonably necessary to avoid substantial adverse effect to the functions served by regulated areas or the benefit(s) derived therefrom.

6. It is consistent with the intent and purpose of this Law to further coexistence with wildlife, including beavers, to the extent that they enhance the regulated areas described herein.

7. It is the intent of this Law to further the goals and objectives stated herein by strictly regulating activities with potential to substantially degrade the Town's wetlands, watercourses and waterbodies, and to separately strengthen and concurrently enhance a goal of the State Environmental Quality Review Act (SEQRA) in reducing the likelihood of significant adverse environmental impacts to important resources.It is the intent of the law to avoid such impacts wherever feasible and appropriate, particularly where a reasonable alternative to the proposed regulated activity exists, and to favor avoidance and reduction of impacts over mitigative or compensatory projects.

8. It is the intent of this Law to administer the provisions of this Chapter to ensure administrative efficiency with the Town's separate land use development regulatory processes.

--139-4 DEFINITIONS

Words and phrases used in this Law shall be interpreted as defined below, and, if not listed below, then as defined in Article 16 of the New York State Town Law, or as defined in NYSDEC regulations promulgated in 6 NYCRR --· 663.2, and 664.2, or found elsewhere in the Code of the Town of New Paltz. Where ambiguity exists, words or phrases shall be interpreted so as to give this Law its most reasonable application in carrying out the regulatory purpose and intent as set forth herein:

1987 Federal Wetlands Delineation ManualU.S. Army Corps of Engineers Wetlands Delineation Manual, January 1987 Final Report, Wetlands Research Program Technical Report Y-87-1 (on file on the Office of the Town Clerk) used for delineation of federally regulated wetland areas

Adjacent Areas see "Associated Buffer Area"

Agriculture All agricultural operations and activities related to a "farm operation" as such term is defined in Section 301(11) of the Agriculture and Markets Law (AML) or governed by the AML of the State of New York and the guidelines and opinions issued by the New York State Commissioner of Agriculture and Markets to the extent that such practices are consistent with 6 NYCRR · 663.2 and not excluded thereby. Farm Operation is defined under the AML as "the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in subdivision thirteen of this section.Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other

Applicant A person (as defined herein) who files an application for a permit under this Law, including the owner of the property on which the proposed regulated activity would be located, and any contract vendee, lessee of the land, person who would actually control and direct the proposed regulated activity, and/or the authorized agent of such person

Application Fee A sum paid by an applicant to accompany either a short form or long form application and collected by the Town in accordance with a fee schedule as shall be established from time to time by action of the Town Board, and made available by the office of the Town Clerk, the Building Department, and the Planning Board

Associated Buffer Area A regulated area surrounding or adjacent to wetlands, watercourses, or water bodies which provides benefits important in maintaining their functional integrity and protection from human activity or other encroachment associated with regulated activities. The extent of associated buffer areas is described in --139-5, Regulated Areas

Bank The land area immediately adjacent to, and which naturally slopes toward, the bed of a watercourse, as described in more detail in section 139-5 herein, and which is necessary to maintain the integrity of a watercourse

Beaver dams Usually built along perennial streams and result in the formation of a pond deep enough for the construction of beaver lodges.A typical dam consists of cut tree sticks jammed into the streambed and anchored with rocks; this foundation is then piled with branches, leaves, roots and other debris

Beaver impoundments The wetland area created by beaver dams.Beaver impoundments enlarge existing wetlands or create ponded water conditions in watercourse areas

Beaver lodges A dome of woody debris that is partly above the waterline, while the remainder of the structure is deep into the foundation of the watercourse bed with hollow tunnels to allow beavers' safe entry and exit.A lodge provides shelter for beavers, storage of nutrients, and refuge for waterfowl, fish and other furbearers

Berme The land area immediately adjacent to, and which has been constructed to slope toward, the bed of a watercourse, and which is necessary to maintain the integrity of a watercourse

Berming The process of building up stream banks higher than the surrounding floodplain elevations to contain water in the channel

Boundary of a Wetland The outer limit of a regulated area characterized by wetland soils, wetland hydrology, and wetland vegetation as defined under "Wetland/Freshwater Wetland"

Buffer Area see "Associated Buffer Area"

Building As defined in section 140-4 of Chapter 140 of the Town of New Paltz Code, Zoning

Certificate of ComplianceA certificate issued by the Wetlands Inspector to certify that the regulated activity has been satisfactorily completed in accordance with permit approval in consultation with the Building Inspector, prior to issuance of a Certificate of Occupancy and/or other relevant permit for the proposed use of the property

Channelization The process of straightening, widening, and excavating gravel, rock and soil from a bed within a watercourse

Clear-cuttingCutting of trees over six inches in diameter at breast height over any 10 (ten) year cutting cycle where the average basal area of trees over six inches in diameter at breast height remaining after such cutting is less than 30 (thirty) square feet per acre, measured within the area harvested; provided, however, that where regeneration is assured by stand conditions such that after such cutting, the average residual basal area of trees at least 1 (one) inch in diameter at breast height is at least 30 (thirty) square feet per acre, measured within the area harvested, a clear- cut will not be deemed to have taken place unless the average residual basal area of trees over six inches in diameter at breast height is less than 10 (ten) square feet per acre, similarly measured

Clearing Destruction and removal of areas of vegetation by manual, mechanical, biological or chemical methods

Conservation Certificate A certificate issued by the Wetlands Inspector to indicate that work undertaken pursuant to a Conservation Plan approved by the Planning Board in Lieu of Permit Denial has been completed in a satisfactory manner, or that a bond or letter or credit has been received by the Town to ensure performance of any work that is incomplete or unsatisfactory prior to issuance of a Certificate of Occupancy and/or other relevant permit for the proposed use of the property

Conservation Fee The payment by an applicant to the Town of New Paltz of a fee to protect or enhance regulated areas for impacts due to a regulated activity and/or mitigate such impacts. Among other things, a Conservation Fee may ensure that an off-site regulated area will not have any regulated activity within the Town in the future, or fund natural resource protection and/or restoration projects within Town boundaries. A Conservation Fee will be held by the Town of New Paltz in a dedicated account and will correspond to the amount required to create the off-site mitigation, including land costs, costs of maintenance and monitoring and to administer the conservation plan. Such funds shall only be dispersed by resolution of the Town Board

Conservation Plan A plan prepared and implemented by an Applicant in accordance with this Chapter in order to mitigate substantial adverse effect to regulated areas

Conservation RestrictionAn imposition on lands by deed restriction to preserve the environmental, ecological, biological, hydrological, or other functional values of regulated areas.Such a restriction shall run with the land and bind subsequent owners, and be documented on a survey map or plan, which shall be filed in the office of the County Clerk in such form as is adequate to provide notice of the restriction. A conservation restriction does not require a dedication of lands for public use, and the owners of the property, their successors and assigns otherwise retain their rights to full use and quiet enjoyment of their property

Critical Terrestrial HabitatAn area from the upland edge of a quality vernal pool to 750' (seven hundred fifty feet) beyond such upland edge that provides essential habitat for amphibians during the non-breeding season for foraging, dispersing, and hibernating, and migration during breeding season.

Dams and Water Control Measures Barriers that intentionally or unintentionally obstruct the natural flow of water either to raise it, lower it, or artificially maintain its level

Date of Receipt of Application by Planning Board An application shall be deemed "received" by the Planning Board on the date of the first regular meeting of the Planning Board following filing of an application and supporting plans pursuant to the provisions of this Law

Deposit (Depositing) The act of filling, grading, discharging, emitting, dumping, or the placement of any material

Discharge The emission of any water, substance, or material into a regulated area as defined herein

Dominant Species A dominant species is one that exhibits either the greatest areal extent (ground or canopy cover) or greatest density (number of plants per unit area) within one or more layers (tree, shrub, or herb) of a naturally occurring plant community

Drain To deplete or empty of water by drawing off by increments

Dredge To excavate, move, or remove sediment, soil, mud, sand, shells, gravel, or other aggregate either by hand or machine

Environmental Conservation Commission (EnCC) The Environmental Conservation Commission (or Board) of the Town of New Paltz, New York

Environmental Conservation Law (ECL) Environmental Conservation Law of the State of New York

EPA United States Environmental Protection Agency

Excavate To dig out, move, or remove any material either by hand or machine.

FEMA United States Federal Emergency Management Administration

Fill (Filling) Placing material in a regulated area so as to alter its elevation or topography, including bottom elevation or topography if submerged, or its aquatic function

Floodplain or Floodway A land area adjoining a river, stream, lake, intermittent or perennial watercourse, waterbody or wetland, which is inundated by water from any source, usually associated with the 100-year storm event return interval. Flood Insurance Rate Maps, Drainage Reports, and Flood Insurance Studies produced by the Federal Emergency Management Administration (FEMA) are definitive for the purposes of this Law

Fuelwood Dead or diseased trees, branches and tree limbs gathered as heating fuel for domestic use

GIS Maps and data presented by Geographic Information System technology

Gradient The general direction of surface water flow paths which can be inferred from local topography

Grading To adjust the degree or inclination of the contours of the land, including leveling, smoothing, and other modifications of the land surface by any means including filling or excavation

Growing Season The portion of the year when soil temperatures are above biologic zero (5 degrees Celsius); the growing season for Ulster County is approximately May 15 through September 15

Hydrophytic Vegetation The readily observable plant species growing as dominant species in inundated, saturated, or periodically inundated or saturated soils where such soils are confirmed in the field to exhibit a predominant matrix chroma (or strength of color) of 2 or less (as defined in the Munsell Soil Color Charts) even if streaked with areas of higher chroma

In-kind Replacement Constructed, mitigation or replacement wetland, watercourse or waterbody with at least twice the area as the replaced wetland, watercourse or waterbody,usually by flooding or excavating lands not previously occupied by a wetland, watercourse or waterbody, that re-creates as nearly as possible the type and function of the original resource, and is located on-site or within the same sub-watershed with the Town of New Paltz, provided adequate and sufficient wetland/watercourse hydrology can be verified, under the terms of an approved Conservation Plan as defined herein

Intermittent Watercourse A regulated area that comprises stream, creek, or brook, through which surface water travels in a well-defined channel on a seasonal basis, but not continuously throughout the year. For the purposes of this Chapter, intermittent watercourses are those where water stands or flows for at least 3 (three) consecutive months in a 12 (twelve) month period, except waterways specifically designed and constructed to serve a stormwater conveyance or treatment function, such as grassy swales, drainage ditches, and other structures engineered to concentrate and convey stormwater from development and only retain water for a short duration after a rain storm or spring snow melt are not considered intermittent watercourses

Land Stewardship Plan A written description of land management and stewardship practices, as defined more fully in subsection 140-117.3 of Chapter 140, Zoning Law of the Code of the Town of New Paltz

Letter of Permission A written notification from the Wetlands Inspector to an applicant issued in response to a "Short Form" application to conduct a regulated activity

Logging Commercial harvesting of live timber

Material Liquid, solid, or gaseous substances including but not limited to soil, silt, gravel, rock, clay, peat, mud, debris, or refuse; any organic or inorganic compound, chemical agent or matter, sewage sludge or effluent, or industrial or municipal solid waste

Mean High Water Line As defined in section 608.1(i) of 6 NYCRR Part 608, Use and Protection of Waters

Minimization The reduction or removal of substantial adverse effect by a regulated activity on a regulated area

Mitigation Plan A strategy to redress unavoidable substantial adverse effect of a regulated activity to a regulated area

Munsell Soil Color Charts A soils color designation system based on a collection of color-reproduced chips that visually demonstrate the relative degree of the three fundamental variables of color: hue, value, and chroma, as produced by the Kollmorgen Corporation, 1975, or as amended or updated from time to time. Each color chart shows the range and variation in value and chroma for a specific hue

Notice of Review A formal written request to the Planning Board to review a decision or order of the Wetlands Inspector or any officer of the Building Department made pursuant to or within the scope of this Chapter, which shall specify the grounds for seeking review

NYCRR New York Code of Rules and Regulations

NYSDEC New York State Department of Environmental Conservation

Perennial watercourse A regulated area that comprises river, stream, creek, or brook, through which surface water travels on a continual basis. The associated buffer area as defined herein of the Wallkill River shall include all adjacent surfaces for 200 (two hundred) feet as measured horizontally from the top of the riverbank. The associated buffer area as defined herein of all other perennial watercourses shall include all adjacent surfaces for 100 (one hundred) feet as measured horizontally from the bank of the watercourse

Permit That form of written approval required by this Law for the conduct of a regulated activity within a regulated area

Person Any individual, firm, partnership, association, trust, corporation, company, organization, or legal entity of any kind including municipal corporations, governmental agencies, or subdivisions thereof

Planning Board The Planning Board of the Town of New Paltz, New York; the municipal board empowered to approve, approve with conditions, or deny permits pursuant to this Law

Pollution The contamination or the departure from the range of normal variation in physical or chemical factors of any wetland or watercourse 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 regulated area, including but not limited to any regulated activity as defined by this Law.

Quality Vernal Pool Aregulated area that comprises a seasonally flooded, isolated pool of standing water that is devoid of naturally occurring fish and that persist, in a year of average precipitation, for at least two (2) months (annual precipitation in Ulster County normally ranges from 40 to 48 inches). Quality vernal pools are those that provide essential breeding habitat for pool-breeding amphibians including, but not limited to, the following species: Spotted salamander, Marbled salamander, Jefferson salamander, Blue-spotted salamander, and Wood frog.Quality vernal pools must have an area greater than one hundred (100) square feet to be regulated areas under this Chapter.

Quality vernal pools must satisfy any of the following criteria set forth below:

a) There is evidence of a naturally-occurring confined basin depression with no ­permanently flowing outlet and evidence of non-incidental breeding by one or more species of obligate vernal pool species (wood frog, spotted salamander, Jefferson salamander, marbled salamander, fairy shrimp). Acceptable evidence of non-incidental breeding includes:

1. frog breeding choruses and/or mated pairs

2. salamander mating and/or spermatophores

3. egg masses

4. larvae (tadpole or salamander larvae)

5. transforming juveniles

i. frogs: tail remnants evident

ii salamanders: gill remnants evident

6. presence of fairy shrimp or their eggs;

or

b) There is evidence of a naturally-occurring confined basin depression with no ­permanently flowing outlet AND of standing water that dries up during the year (or which for other reasons does not contain reproducing fish) AND evidence of non-incidental presence of two or more species of facultative vernal pool species (blue-spotted salamander, spring peeper, gray tree frog, Fowler's toad, pickerel frog, leopard frog, four-toed salamander, red-spotted newt, spotted turtle, wood turtle, painted turtle, snapping turtle);

or

c) There is evidence of a naturally-occurring confined basin depression with no permanently flowing outlet and evidence of standing water that dries up during the year (or which for other reasons does not contain reproducing fish) for which:

1. adjacent critical terrestrial habitat as defined herein, is more than 50% (fifty percent) undeveloped; and

2. the conditions of either paragraph (a) or paragraph (b) of this definition is likely to be satisfied

Regrading see "Grading"

Regulated Activities Any activity that may potentially have a substantial adverse effect as defined herein to a regulated area, as enumerated in · 139-8

Regulated Areas Those areas enumerated in --139-5, pursuant to the title, purpose, finding and intent of this local law

Reimbursable Costs Those costs incurred by the Planning Board or other town agency for professional consultation fees (including services by the Wetland Inspector as defined herein) to provide technical, biological, and engineering services, legal fees, or other expenses in connection with the review of a proposed Permit Application and/or Conservation Plan that are charged to the applicant. Separate and apart from application fees, reimbursable costs will be no higher for an applicant than they are for the Town, subject to audit and open to inspection by the applicant. Such sums must be paid in full prior to the issuance of a permit

Remove To dig, dredge, suck, bulldoze, dragline, blast, or otherwise excavate or grade, or the act thereof

Routine Maintenance and LandscapingThe mowing, weeding, cultivating, planting, and trimming of vegetation, or removal of dead or diseased trees in natural or improved landscaped areas

Substantial Adverse Effect An activity that will substantially alter or impair the natural function(s) or benefit(s) of a regulated area

State Environmental Quality Review Act (SEQRA) Article8 of the Environmental Conservation Law providing for environmental qualityreview of actions which may have a significant effect on the environment and regulations established pursuant thereto

SteepLand Any associated buffer area having a topographical gradient of 15% or greater (ratio of vertical distance to horizontal distance) with a minimum horizontal dimension of ten (10) feet

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, septic systems, water wells, recreation courts, sheds, storage bins, reviewing and display stands, platforms, towers, walls, fences, swimming pools, gasoline pumps, billboards, satellite dishes, signs, and mobile dwellings, bridges, roads, impervious surfaces and paved parking areas

Sub-watershed area Area(s) located within the town of New Paltz that are tributary drainages to the Wallkill River as identified on a town topographic map

Utility Service Electric, telephone or other utility service from an existing utility distribution facility except for activities regulated by Article VII or VIII of the Public Service Law

USACE United States Army Corps of Engineers

USDA United States Department of Agriculture

Vernal Pool see "Quality Vernal Pool"

Waterbody Regulated areas that comprise any natural or artificial pond, lake, or other area which usually or intermittently contains water and which has a discernible shoreline. Regulated waterbodies do not include detention and retention, infiltration and detention basins. For the purposes of this Law, the associated buffer shall be designated as if it were a wetland based on acreage, with boundary determination of the waterbody based on location of its banks.A waterbody must have an area greater than 1/10 (one tenth) acre to be a regulated area under this Chapter

Watercourse Regulated areas that comprise any natural, permanent, seasonal, or intermittent, channel or water segment, rivers, streams, brooks, naturally occurring impoundments within such channels or other waterways that are contained within, flow through, or border on the Town of New Paltz. A watercourse contains a discernible channel, bed, banks and/or berme, and usually flows in a particular direction. Artificial water segments, such as swales and ditching, shall not be considered a regulated area

Water Table The zone of saturation closest to the soil surface during the wettest season

Wetland (Freshwater Wetland) Regulated 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 that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, vernal pools, wet meadows, fens and similar areas. For the purposes of this regulation, wetlands are defined in accordance with the methodology set forth in NYCRR Part 664 and in the 1987 Federal Wetlands Delineation Manual.Regulated wetlands do not include detention, infiltration and retention basins A wetland must have an area greater than 1/10 (one tenth) acre to be a regulated area under this Chapter.

Wetland Delineator A personhaving detailed scientific knowledge about the biogeophysical structure,function, or inter-relationships of terrestrial and aquatic/semi-aquaticplant and animal communities. This person must demonstrate training and experiencein the identification of regulated areas, and the use of the 1987 FederalWetlands Delineation Manual and 6 NYCRR Part 664 freshwater wetlands regulations,including preparation of state and federal data forms and wetland delineationreports. A qualified wetland delineator must have a degree from an accredited university in a related field and a minimum of two (2) years of continuous delineation experience as set forth herein

Wetland Hydrology The sum total of wetness characteristics in areas that are inundated or have saturated soils to within 18 inches of the surface for a sufficient duration to support hydrophytic vegetation

Wetlands Inspector The agent appointed by the Town Board, upon recommendation by a committee consisting of one (1) member of the Town Board, two (2) members of the Planning Board, and two (2) members of the New Paltz Environmental Conservation Commission, to fulfill the designated enforcement and permit processing responsibilities set forth in this Law. A qualified wetland inspector shall have a degree from an accredited college or university in a related field and a minimum of two (2) years of delineation experience, and scientific knowledge about the biogeophysical structure, function, or inter-relationships of terrestrial and aquatic/semi-aquatic plant and animal communities. The expenses associated with professional services provided by the Wetlands Inspector (see reimbursable costs, as defined herein, and any inspection of a parcel and mapping by the Wetlands Inspector as provided at the sole cost of the municipality) shall be incurred in the town's "b" fund (town-outside-village) which is funded by fees and other revenue streams that do not rely on local property taxes

Widening The process of increasing the width of a watercourse beyond the natural width found up- and down-stream

Zoning Board of Appeals (ZBA) Zoning Board of Appeals of the Town of New Paltz, New York

--139-5 REGULATED AREAS

Regulated areas protected under this Chapter include the following:

1. Associated Buffer Area as defined herein.

2. Bank as defined herein, will not be considered to extend more than 50 (fifty) feet horizontally from the mean high water line, with the following exception: where a generally uniform slope of 45 (forty-five) degrees or greater adjoins the bed of the watercourse, the bank is extended to the crest of the slope or the first definable break in slope, either a natural or constructed feature (i.e. road), lying generally parallel to the watercourse. (See 6 NYCRR Part 608.1 Use and Protection of Waters)

3. Intermittent Watercourse as defined herein, with an associated buffer area of 50 (fifty) feet as measured horizontally from the bank of the watercourse.

4. Perennial Watercourse as defined herein, with an associated buffer area to include all adjacent surfaces for 100 (one hundred) feet as measured horizontally from the bank of the watercourse or berme as defined herein; for the Wallkill River to include all adjacent surfaces for 200 (two hundred) feet as measured horizontally from the top of the river bank.

5. Quality Vernal Pools as defined herein greater than one hundred (100) square feet in area, with an associated buffer area of 100 (one hundred) feet. When requested by an applicant, the presence of pool breeding amphibian habitat may be confirmed in the spring.

6. Waterbody as defined herein, with an associated buffer area designated as if the waterbody were a wetland based on its acreage. Waterbodies of less than or equal to 1/10 (one tenth) acre shall not be considered a regulated area.

7. Wetlands (Freshwater Wetland) and Waterbodies as defined herein greater than 1/10 (one tenth) acre, with an associated buffer area of 50 (fifty) feet

8. Wetlands (Freshwater Wetland) and Waterbodies as defined herein greater than 1 (one) acre, with an associated buffer area of 100 (one hundred) feet

· 139-6 NOTICE AND MAPPING

No person shall conduct a regulated activity within regulated areas without compliance with the provisions of this Chapter as of the effective date of this law.To secure compliance with this Law, the Town of New Paltz shall provide written Notice to all owners of real property as identified on the current tax assessment rolls within 45 (forty five) days of enactment of this Law. Such Notice shall, at a minimum, contain the following information.

1. Notice of the effective date of the Law

2. Summary of the intent and purpose of this Law

3. Regulated areas as described herein

4. Regulated Activities as described in herein

5. Exempt activities and activities allowed without a permit as described herein

This written Notice shall identify available mapping and other resources to assist in the identification of regulated areas. It shall also inform recipients of the Notice that at the time of enactment, the Town has undertaken a project to generally map regulated areas throughout the municipality. These municipal maps, as they evolve shall provide a valuable and important reference for the Town and property owners. This Notice shall request from the recipients additional information that may assist the Town in identifying regulated areas and in the development of municipal maps.The sources for the evolving municipal maps include, but are not limited to the following:

1. NYSDEC Freshwater Wetlands Maps

2. United States Department of Interior National Wetlands Inventory Maps

3. USDA Soil Conservation Service Revised Soil Survey for Ulster County

4. Aerial photographs, which may be obtained from the USDA Soil Conservation Service Revised Soil Survey for Ulster County,

5. Flood Insurance Rate Maps, Drainage Reports, and Flood Insurance Studies produced by the FEMA.

6. Town of New Paltz GIS Open Space Inventory Maps

7. A survey map illustrating a regulated area provided by an applicant delineated in accordance with methodology set forth in · 139-13 Delineation Methodology & Boundaries.

8. Any additional information from an applicant necessary for the Wetlands Inspector to make a recommendation including, but not limited to a tax map, survey map, site plan, or aerial photograph, and any future mapping created during the administration of this law.

Owners of real property who are unsure of the existence of a regulated area on their land may request in writing an inspection of the subject parcel by the Wetlands Inspector at the sole cost of the municipality. The Wetlands Inspector shall reply to any such inquiry with a written determination of the existence of regulated areas on such property, and a delineation of such regulated areas, if any, within 60 (sixty) days. If weather or ground conditions do not allow for a reliable determination of regulated areas on their property, the Wetland Inspector shall so inform such owners in writing within such 60 (sixty) day period and shall further indicate a time as early as practicable when such determination and delineation may take place.

Any reply or determination by the Wetlands Inspector regarding the presence of a regulated area shall be available for public inspection in the office of the Town Clerk, and may be subject to administrative review under the provisions of · 139-20 Administrative Review.

· 139-7 REGULATORY ACTION REQUIRED

Activities and uses in regulated areas as defined herein, which shall be regulated under this Chapter are those which have the potential to cause substantial adverse effect, as defined herein, and which are not specifically exempted in · 139-9 Pre-existing Lawful Actions and · 139-10 Activities Allowed Without a Permit. It shall be unlawful for any person to engage in a regulated activity, as described in · 139-8 herein without first having obtained; (1) a Letter of Permission as defined herein, or, (2) a Permit for such an activity, or; if applicable; (3) a Permit associated with an approved Conservation Plan and/or the payment of a Conservation Fee, issued pursuant to the provisions of · 139-16 Conservation Plan in Lieu of Permit Denial.

If a person wishing to conduct an activity is in doubt about whether the activity is exempt or about which procedural requirements may apply, or wishes to discuss with the Wetlands Inspector any phase of the proposed project as it relates to the activity or to the permit, that person may contact the Inspector to schedule a pre-application conference at a reimbursable cost (fee) as defined herein, and as shall be established, when appropriate, by action of the Town Board.

· 139-8 REGULATED ACTIVITIES

Activities other than those specifically exempted in --139-9 and --139-10 that have the potential to cause substantial adverse effect in regulated areas as defined herein, include those prescribed in 6 NYCRR · 663.2, as well as but not limited to the following:

1. Any form of mining, dredging or excavation and any grading or removal of soil, mud, sand, gravel, peat, silt or any other earth material from any regulated area, either directly or indirectly;

2. Any form of dumping, filling or depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind in any regulated area, either directly or indirectly;

3. Erecting or constructing any structure as defined herein, including those for which a building permit is typically issued [refer to · 140-51 of Chapter 140 Zoning of the Code of the Town of New Paltz];

4. Placing any other obstructions within any regulated area, channelization or berming as defined herein whether or not the same affect the ebb and flow of water;

5. Introduction or storage of any substance, sewage effluent, runoff of pesticides, or disposal of toxic material, including chemicals, dyes, fertilizers or other organic materials, fuels, herbicides, pesticides, de-icing materials, or similar materials in any regulated area, if such materials are likely to cause pollution of waters, except as provided in · 139-10 (11) Activities Allowed Without a Permit and where necessary for the public health, safety, and well-being of persons and property therein;

6. Draining or ditching within any regulated area;

7. Introducing any influents of high thermal content, such that the same are capable of causing deleterious ecological effect to any regulated area;

8. Installing septic disposal systems or swimming pool drainage systems, or installing any pipe or other conduit for same;

9. Withdrawing ground or surface water in excess of 2,500 gallons per day for more than seven (7) days in the course of one (1) year which may cause an increase or decrease in the flow, velocity or volume of water (excluding the natural seasonal fluctuations of the subject watercourse or waterbody);

10. Clearing as defined herein within any regulated area, except routine maintenance or landscaping as defined herein, except where such activities are regulated pursuant to Chapter 130, Tree Conservation, of the Code of the Town of New Paltz.

11. Except as lawfully permitted pursuant to ECL · 11-0505, displacement or destruction of that proportion of beaver lodges and beaver dams which would result in deleterious changes to the hydrology of wetlands, watercourses and beaver impoundments and/or negative impacts to wetland vegetation, flora and fauna except in cases in which beaver impoundments are impacting or threatening to impact existing structures, roads, and driveways. Non-lethal approaches to beavers should be encouraged as the preferred solution, but this local law shall not supersede the NYSDEC jurisdiction over beaver trapping permits.

12. Any other activity that is determined by the Wetland Inspector with concurrence by the Planning Board to have the potential for substantial adverse affect to the regulated areas.

· 139-9 PRE-EXISTING LAWFUL ACTIONS

1. The provisions of this Law shall not apply to the following pre-existing actions including uses and structures lawfully approved, or lawfully approved and constructed prior to the effective date of this Chapter, provided those actions that occurred in regulated areas subject to NYSDEC jurisdiction under ECL Article 24 Freshwater Wetlands Act were established in compliance with 6 NYCRR Part 663-664.

a. A valid preliminary subdivision plan, site plan, special exception permit or clearing and grading permit that has been duly approved following an environmental review as provided under SEQRA by the Planning Board;

b. A valid building permit and/or certificate of occupancy that has been lawfully issued by the Building Department;

c. A use variance, area variance or special exception permit following an environmental review as provided under SEQRA that has been duly issued by the Zoning Board of Appeals (ZBA) and which permit or approval remains valid on the effective date of this Chapter;

Activities, pursuant to the actions enumerated above, shall not be expanded, changed, enlarged or altered except in accordance with the provisions of this Chapter. Should pre-existing activities or uses be discontinued, said activity shall no longer be permitted.

2. Actions, activities or uses in regulated areas as depicted on a valid site plan or a subdivision plan granted preliminary approval by the Planning Board on or before the effective date of this Chapter must be completed within 3 (three) years from the date of approval, provided that the action, activity or use conforms to the site plan approval and the SEQRA environmental assessment form and determination made at the time of approval.

3. Actions, activities or uses in a regulated area for which a valid building permit or special exception permit has been issued on or before the effective date of this Chapter shall expire if the work to be performed on the project is not begun within 12 (twelve) months the date of approval. Such approval may be extended by the Planning Board or, if applicable, the ZBA upon Planning Board referral before such approval expires for an extension of not more than 6 (six) months for good cause shown. The construction activities must be completed within 24 (twenty-four) months.

--139-10 ACTIVITIES ALLOWED WITHOUT A PERMIT

The following activities are exempt from the permitting requirements for regulated areas as set forth herein:

1. Deposition or removal of natural products of wetlands and watercourses for the purpose of recreational or commercial fishing, shell fishing, hunting, or trapping where lawfully permitted.

2. Ordinary maintenance and repair of existing functional structures, facilities, or improved areas, including but not limited to septic systems, water wells, bridges, highways and paved streets, driveways, walkways, walls, fences, railroad beds, bulkheads, docks, piers, or pilings which do not involve expansion of such structures, facilities, or improved areas. For purposes of this paragraph, paving an existing driveway shall constitute ordinary maintenance and repair so long as such paving does not raise the surface of such driveway by more than six (6) inches or expand its horizontal boundaries.

3. Normal grounds maintenance of existing natural or improved landscaped areas, including gardening, mowing and trimming of vegetation, the removal of non-native vegetation or removal of dead or diseased trees, gathering of fuelwood as defined herein, except as regulated in · 139-8 Regulated Activities.

4. The reasonable application of de-icing compounds on roads, driveways and sidewalks for pedestrian and vehicular safety.

5. Operation and maintenance (but not expansion or enlargement) of dams, retaining walls, terraces, sluices, culverts, or other water control structures or devices, involving the adjustment of water elevations of no greater than 2 (two) inches from existing levels.

6. Agriculture as defined herein, on lands that are either; a) located within an established agricultural district adopted by Ulster County and certified by the state of New York and qualified under Ulster County and NYS law for an agricultural exemption by the Assessor of the town of New Paltz, or; b) can feasibly be expected to receive an agricultural exemption from the Assessor of the town of Town Paltz within five years, as determined by the Planning Board; except for the following activities within wetlands and their associated buffer areas

i. logging as defined herein

ii. clear-cutting as defined herein

iii. the construction of roads that require moving of earth or other aggregate or alter water flows in any way

iv. any filling of wetland, even by deposit of soil for agricultural purposes

v. mining as defined in 6 NYCRR · 663.2

vi. the erecting of structures not required to enhance or maintain the agricultural productivity of the land

vii. draining all or part of a wetland.

7. The activities of landowners other than those engaged in agriculture and farm operations as identified above, in grazing and watering livestock and domestic animals, making reasonable use of water resources.

8. Establishing scenic, historic, wildlife and scientific preserves where no substantial adverse effect is involved.

9. Boating, hiking, swimming, camping, picnicking, and other similar outdoor activities, including the establishment of walking trails, individual recreational moorings, where no substantial adverse effect is involved, except for the intensive, organized and repetitive use of all terrain vehicles, air and motor boats and snowmobiles.

10. Conducting educational and scientific research activities where no substantial adverse effect is involved.

11. Activities and uses essential to ensure adequate police, fire, and rescue functions undertaken by either the Town of New Paltz, or by a non-profit organization authorized by contract with the Town to provide these public services. Essential activities to promote public health, safety, and well-being of persons and property therein, and to implement orders and regulations of the Ulster County Department of Health and/or the New York State Department of Health with notification to the Town Board and Planning Board, and any actual and ongoing emergency activity which directly addresses an imminent threat to life, property or structures, established roads or driveways, or natural resources. Such emergency activities may include, but are not limited to: search and rescue operations; preventative or remedial activities related to mitigation, cleanup, or control of contamination of ground and surface water; response to imminent floods, hurricanes, and other storms that follow established emergency response plans for a watercourse; fire fighting and public health concerns.

12. Activities pursuant to an approved land stewardship plan as defined herein, and in compliance with 6 NYCRR Parts 663-664.

--139-11 HIGHWAY DEPARTMENT ACTIVITIES

The Town of New Paltz Highway Department shall be exempt from the procedural requirements of this Law, upon filing a Memorandum of Understanding (MOU) along with the annual "284 Agreement" pursuant to the provisions of the Section 284 of the NYS Highway Law with the Town Board.Such MOU shall be as protective as the provisions of this Chapter and subject to annual review requiring practices keeping to the substantive purpose, intent and spirit of this Local Law as set forth in this Chapter. The Town Board shall refer said MOU to the Planning Board and the Wetlands Inspector for review and comment.

--139-12 PROCEDURES FOR PERMITS

1. For activities that are not specifically exempted in --139-9 or --139-10, a "Short Form" application shall be made to either the Planning Board, or the Building Department for all regulated activities which may require a permit pursuant to this Law, and are listed in · 139-8 Regulated Activities. A "Short Form" application shall be submitted on forms provided by the building department., and shall include the following:

i. The name, address and telephone number of the applicant and, if the applicant is not the owner, the written consent of the owner.

ii. The street address and tax map designation of the property involved.

iii. A description of the proposed work and the purpose thereof, and an explanation why the proposed activity cannot be located outside of regulated areas.

The application shall include any pertinent documentation deemed appropriate by the applicant, and a fee as shall be established from time to time by action of the Town Board. The "Short Form" application shall be referred to the Wetlands Inspector. The Wetlands Inspector shall determine within 14 (fourteen) business days of receipt of such a referral whether any additional documentation or information is necessary.

2. The Wetlands Inspector shall be authorized to conduct a site visit whenever deemed necessary for the purpose of evaluating the "Short Form" application.

3. Upon review of the referral, if the proposed activity is determined to be within a regulated area as described in --139-5 Regulated Areas, the Wetlands Inspector shall make either of the following two determinations:

I. The proposed activity does not have the potential to cause substantial adverse effect on a regulated area(s), or would otherwise be authorized to proceed as enumerated below by letter of permission, as defined herein, without a permit. Said determination shall include the date of the review of the referral, any site inspection, finding and conditions deemed necessary by the Wetlands Inspector to ensure compliance with the purpose and intent of this Law, and the supporting reasons for the determination. No further review or action is required. The letter of permission and findings shall be filed with the offices of the Planning Board, the Building Inspector, the Environmental Conservation Commission (EnCC,) the Town Clerk, and the applicant. Letters of permission are authorized for, but not limited to, the following activities:

i. New construction of structures or facilities located within an associated buffer area as defined herein, provided it shall result in an as-built footprint of less than 600 (six hundred) square feet of ground surface.Such activity may not create any new non-compliance or increase the degree of existing non-compliance with the provisions of this Chapter, and may not be associated with any application for subdivision or site plan approval before the Planning Board. Such activity shall disturb the minimum area reasonably necessary for its completion, and the Wetland Inspector shall have authority to require remediation of any area disturbed during construction, including best management practices, necessary to accomplish the purposes of this Chapter.No letter of permission shall issue under this subparagraph for activities in areas regulated by DEC under Articles 15 or 24 of the state Environmental Conservation Law.No letter of permission shall issue under this subparagraph for any exceedance of 600 (six hundred) square feet of cumulative as-built footprint in regulated areas on any individual lot by all regulated activities subsequent to the effective date hereof.

ii. Restoration, reconstruction, expansion or modification of any pre-existing lawfully permitted functional structure or facilities located within an associated buffer area as defined herein. Such activity shall disturb the minimum area reasonably necessary for its completion, and the Wetland Inspector shall have authority to require remediation of any area disturbed during construction, including best management practices, necessary to accomplish the purposes of this Chapter.Such activity may not create any new non-compliance or increase the degree of existing non-compliance with the provisions of this Chapter. No letter of permission shall issue under this subparagraph for activities in areas regulated by DEC under Articles 15 or 24 of the state Environmental Conservation Law.

iii. Drilling a well for potable water to serve a pre-existing individual residence on land located within an associated buffer area pursuant to a permit issued by the Ulster County Department of Health.

iv. Installation of utility service as defined herein within an associated buffer to serve a pre-existing structure.

v. Cutting vegetation other than trees in the associated buffer area.

vi. Cutting no more than 2 (two) trees in an associated buffer area in any 1 (one) calendar year such that the functions and benefits of the regulated areas are not adversely effected or environmentally impacted, except where such activities are regulated pursuant to Chapter 130, Tree Conservation, of the Code of the Town of New Paltz.

vii. Application of a pesticide within an associated buffer area to the grounds within 50' (fifty feet) of a private residence when such use is by the owner or his/her agent.

II. The proposed activity is a regulated activity as enumerated in --139-8 that has the potential to cause substantial adverse effect on regulated area(s) requiring a "Long Form" permit application prepared by the applicant.Said determination shall include the date of the review of the referral, any site inspection, and the supporting reasons for the determination. This determination shall identify the potential substantial adverse effect to the regulated area(s) and consider the biological quality, values, functions and benefits of the regulated area, the potential impact on the regulated area, and the availability of a reasonable alternative. This finding shall be filed with the offices of the Planning Board, the Building Inspector, the EnCC, the Town Clerk, neighboring municipalities, and the applicant.

4. An application for a "Long Form" Wetland Permit shall be filed with the Planning Board in an original and 9 (nine) copies prepared by the applicant on forms furnished by the Secretary of the Planning Board, and accompanied by a fee as shall be established from time to time by action of the Town Board. Copies of the application shall be filed with the offices of the Planning Board, Building Inspector, the EnCC, in accordance with the standards and procedures set forth herein, and shall include a copy of the "Short Form" and the following information:

i. A completed Environmental Assessment Form (EAF) as required by SEQRA, with particular specificity regarding the potential substantial adverse environmental impacts to the function of regulated areas.

ii. A project location map which indicates the approximate boundaries of the property in relation to surrounding land and roadways on a U.S. Geological Survey or New York State Department of Transportation topographic map having a scale no less than 1 (one) inch =2,000 (two thousand) feet.

iii. A detailed survey map at a scale no greater than 1 (one) inch = 100 (one hundred) feet which shall be certified by an engineer, architect, land surveyor, or landscape architect licensed in the State of New York, feet to include all existing structures and improvements, natural features such as woodlands, and stone walls, drainage structures, wells and septic systems located on the property within 200 (two hundred) feet of proposed regulated activities; contour lines at 2 (two) foot intervals in the regulated area to be disturbed depicting existing and proposed topographic conditions; the boundaries of any 100-year floodplain and floodway; all proposed site improvements, including structures and roads, grading, drainage, and excavation plans.

iv. A regulated area delineation report and map in accordance with the standards set forth in · 139-13 Delineation Methodology and Boundaries of this Law prepared by USACE, or NYSDEC or by a wetland delineator as defined herein.

v. Copies of all applicable local, County, State, and Federal permits or other permit applications required for proposed activities.

5. The Planning Board may require, as is necessary for the proper review of the application, the following additional information based on the scope of the project, and comments from the Wetlands Inspector, Town Engineer or other professional consultant.

I. The boundaries of all regulated areas, as identified and delineated in accordance with standards set forth in · 139-13 of this Law no more than 18 (eighteen) months prior to the date of filing of the application, on a topographic survey of the property and containing notation documenting the field delineation.

II. The description of the vegetative cover of the regulated area shall include the dominant species, as defined herein and their wetland classified status.

III. Ground water table elevations indicating depth to groundwater direction of groundwater flow and hydrologic connections with surface water features.

IV. Location of the construction area and area proposed to be disturbed, and its relation to property lines, roads, buildings, and regulated areas within 250 (two hundred fifty) feet.

V. Locations and specifications for any proposal to drain, fill, grade, dredge, and the clearing of vegetation, including areas and quantities proposed for deposition or removal, the procedures to be used and dominant species as defined herein, of vegetation to be removed.

VI. Locations and details of any existing and proposed stormwater drainage facilities, including any point discharges, artificial inlets, or other conveyances which would discharge into regulated areas, and measures proposed to control erosion or other potential adverse effect to the regulated area(s) both during and after the proposed work, including a schedule for installation and maintenance for such measures.

VII. Where creation of a lake, pond, detention or other water impoundment is proposed, details of the construction of any dam, berme, embankment, spillway, outlet or other water control device.

VIII. An analysis of hydrologic systems located within and connected to the regulated areas and a narrative to explain how the regulated areas will be affected by the proposed action including water retention capacity, water flow and other drainage characteristics. Applications for projects affecting the water-retention capacity, water flow, or other drainage characteristics of any pond, lake, reservoir, natural drainage system or wetland shall include a statement and numerical calculations of the impact of the project on upstream and downstream areas, giving appropriate consideration of other than normal levels of watercourses and amounts of rainfall, specifically the 100-year storm event.

IX. A wildlife habitat assessment of the regulated areas, including critical terrestrial habitat as defined herein, and a narrative to explain how they will be affected by the proposed action with particular emphasis on endangered, threatened, regionally declining, and ecologically sensitive species. This assessment can be based on existing information available from Natural Heritage Program at NYSDEC in Albany, or other sources. In cases where no information is available, an original assessment may be required. For quality vernal pools, guidance may be available from the Metropolitan Conservation Alliance, "Best Development Practices: Conserving Pool-Breeding Amphibians in Residential and Commercial Developments in the Northeastern United States," or Hudsonia, Biodiversity Assessment Manual for the Hudson River Estuary Corridor, copies of which shall be available in the Office of the Town Clerk.

6. The Planning Board may waive any application information requirements as set forth herein, provided the decision and reasons for any such waiver shall be clearly set forth in the official record and shall be no less protective of regulated areas.

7. Within 32 (thirty-two) days of receipt of an application for a Wetland Permit, the Planning Board shall determine whether such application is complete, or if additional information is required. The Planning Board shall refer a complete application to the EnCC and the Wetlands Inspector for review and comment. The EnCC and the Wetlands Inspector shall submit comments to the Planning Board within 32 (thirty-two) days of the date of referral.

8. Upon a determination by the Planning Board that an application is complete, a Public Hearing shall be scheduled as follows:

I. The Public Hearing shall commence no later than 32 (thirty-two) days after the determination by the Planning Board that an application for a Wetland Permit is complete. Any Public Hearing on the application may be held concurrently and coordinated with any other required public hearing held pursuant to any other law, including SEQRA.

II. All application documents, including maps and findings relating to the proposed regulated activity shall be open for public inspection in the office of the Planning Board at least 10 (ten) days prior to the Public Hearing.

III. Notice of the public hearing shall be advertised at least once in the official newspaper(s) of general circulation in the Town at least 5 (five) days before such hearing. A copy of said notice shall also be mailed by the Secretary of the Planning Board at the expense of the applicant to all property owners contiguous to the parcel(s) containing the proposed regulated activity, regardless of municipal boundaries, at least ten (10) days before the opening of such hearing. A list of contiguous property owners shall be obtained, by the applicant, from the current tax rolls and supplied to the Secretary of the Planning Board along with addressed, stamped, business-sized envelopes for this purpose. Where appropriate, the Planning Board may, at its discretion, require that the list of property owners also include those within or contiguous to the subject regulated area(s) for a distance of 1,000 (one thousand) feet up-gradient and down-gradient within the same sub-watershed area as defined herein.

9. The Planning Board may waive public hearing requirements as set forth herein, provided the decision and reasons for any such waiver pursuant to this paragraph shall be clearly set forth in the official record and shall be no less protective of regulated areas.

10. The applicant and Planning Board may, by mutual consent, extend the time for any determination or decision on the application. Any such extension must be in writing and recorded in the minutes of a noticed meeting of the Planning Board.

--139-13 DELINEATION METHODOLOGY & BOUNDARIES

The boundaries of regulated areas shall be identified by the Applicant according to the methodology set forth below if a "Long Form" permit application is required by the Wetlands Inspector pursuant to · 139-12 Procedures for Permits.Such boundaries will be permanently marked when appropriate in a manner to be defined in consultation with the Planning Board.

1. Wetland boundaries for those wetlands regulated under this Chapter which area also mapped and regulated by the NYSDEC under ECL Article 24, known as the state Freshwater Wetlands Act, shall be delineated by methodology at least as protective as specified in such Act and "Freshwater Wetlands Mapping and Classification" regulations which appear as 6 NYCRR Part 664 for NYSDEC. Wetland boundaries for all other wetlands regulated under this Chapter shall be delineated by methodology at least as protective as that set forth in the 1987 Federal Wetlands Delineation Manual, or any future approved wetland delineation manual adopted by action of the Town Board.The methodology for delineation of NYSDEC regulated wetlands shall conform with the hydrophytic vegetation specified in ECL · 24-0107.1, (a) and (b) of the Freshwater Wetlands Act and of the lands and waters specified in ECL · 24-0107.1 (c) and (d) of the Act.The methodology for delineation of all other wetlands regulated under this Chapter shall employ positive wetland indicators of all three parameters that are normally present in wetlands:(a) hydrophytic vegetation; (b) hydric soils; and (c) wetland hydrology, as more particularly described hereafter:

a) Hydrophytic vegetation:Frequency of vegetation occurrence in wetlands as referred to in 6 NYCRR Part 664, Article 24-Freshwater Wetlands Act (--24-0107.1(a) and (b)) for NYSDEC regulated wetlands.For delineation of federally regulated wetland areas, refer to the vegetation criteria of the federal 1987 Federal Wetlands Delineation Manual.

b) Hydric soils: A hydric soil is a soil that is saturated, flooded or ponded long enough in the growing season to develop anaerobic conditions that support the growth of hydrophytic vegetation.Hydric soils are soil types that are poorly drained, very poorly drained, alluvial or floodplains soils as identified in 6 NYCRR Part 664 and documented in Tornes, Lawrence A., Soil Survey of Ulster County, New York. U.S. Department of Agriculture Soil Conservation Service & Cornell University Agricultural Experiment Station, June 1979, on file in the Office of the Town Clerk.

c) Wetland hydrology:All hydrologic characteristics of areas that are periodically inundated or have soil saturated to the surface during the growing season, as more particularly specified in the 1987 Federal Wetlands Delineation Manual.Indicators of wetland hydrology may be used to confirm that a site without apparent hydrophytic vegetation and hydric soils still exhibits hydrologic conditions typically associated with such vegetation and soils.Such indicators are included, but not limited to, the following:

i. Recorded data such as stream gauges, flood predictions, aerial photographs or other historical data;

ii. Visual observation of inundation;

iii. Visual observation of soil saturation within the upper 12 inches of soil;

iv. Sediment deposits as a result of flooding;

v. Drift lines as a result of flooding;

vi. Surface scouring as a result of flooding, and;

vii. Wetland drainage patterns such as meandering.

1. Wetland boundaries shall be identified by field investigation and flagging by a qualified Wetland Delineator as defined herein, in accordance with the methodology above as follows:
   1. The boundaries of a wetland that is subject to the jurisdiction of USACE or NYSDEC may be established by an existing jurisdictional and/or boundary determination issued by the USACE or NYSDEC at anytime prior to 90 (ninety) days of the effective date of this law. Such delineation shall be valid for a period not to exceed not to exceed 5 (five) years from the date the delineation.
   2. The boundaries of a wetland that is also subject to the jurisdiction of the USACE or NYSDEC may be established by a jurisdictional and/or boundary determination issued by USACE or NYSDEC after 90 (ninety) days of the effective date of this law following field investigation, provided the Wetlands Inspector is notified in writing of a boundary inspection by the applicant at least 5 (five) business days prior to the inspection, and had an opportunity to participate in the field investigation by USACE or NYSDEC staff.Such delineation shall be valid for a period not to exceed 5 (five) years from the date the delineation.
   3. All wetlands without a USACE jurisdictional determination or NYSDEC boundary determination shall be delineated by field investigation and flagging by a qualified wetland delineator as defined herein. Such delineation shall be based upon standards and criteria at least as protective as established in subsection 1 of this section, and in accordance with the standards set forth above, and shall be shown on a survey or site plan of the property prepared by a licensed land surveyor, landscape architect or professional engineer at anytime prior to 90 (ninety) days of the effective date of this law, or after 90 (ninety) days of the effective date of this law following field investigation, provided the Wetlands Inspector is notified in writing of a boundary inspection by the applicant at least 5 (five) business days prior to the inspection, and had an opportunity to participate in the field investigation. Such delineation shall be valid for a period not exceed (5) five years from the date of delineation.
2. A Watercourse boundary shall be delineated by field investigation and flagging by a qualified Wetland Delineator as defined herein, through locating the banks, as defined herein, of the watercourse in the manner described in 6 NYCRR Part 608, Use and Protection of Waters and with reference to average annual rainfall conditions.
3. A Quality Vernal pool boundary as defined herein shall be identified by a qualified Wetland Delineator as defined herein, through field investigation and aerial photo interpretation, where available, as well as any information available from the New York Natural Heritage Program.
4. All boundary determinations whether by the USACE or NYSDEC, or by a qualified wetland delineator shall be subject to review by the Wetlands Inspector, who may consult with biologists, hydrologists, soil scientists, ecologists, botanists or such other experts as are necessary to confirm that the boundary determination complies with the requirements of this Chapter and the intent and purpose of this law. The reasonable and necessary costs of such consultations, including the preparation of an additional survey, shall be the responsibility of the applicant for the permit.

· 139-14 PERMIT DECISIONS

If a public hearing held by the Planning Board is scheduled in conjunction with a public hearing required for any other permit, SEQRA action, or approval, the Planning Board shall take action on the permit application for regulated areas within the timeframe provided for other such permit or approval. Otherwise, within sixty-two (62) days following the close of a public hearing or decision to waive a public hearing pursuant to this Chapter, the Planning Board shall (1) Approve / Approve with Conditions, (2) Approve with Modification of Associated Buffer Areas, (3) Issue a Notice of Intent to Deny (see · 139-16, Conservation Plan in Lieu of Permit Denial,) or (4) Deny the Application as provided below.

No Permit Approval shall be considered for the proposed regulated activity by the Planning Board unless and until the applicant has demonstrated by clear and convincing data and analysis:

1. That there is no reasonable alternative to the proposed regulated activity, including a reduction in the density, intensity of use, or scope of the proposed use, or alternative site plan, which would avoid substantial adverse effect to the regulated area(s), and;
2. That the substantial adverse effect of the proposed regulated activity on the function served by the regulated area(s) or the benefits derived there from, has been minimized to the maximum extent feasible.

To determine if the applicant has complied with criteria above, the Planning Board, in consultation with the Wetlands Inspector and the Town Engineer, shall evaluate the adverse effect of the proposed regulated activities, upon regulated area functions and land uses within the same sub-watershed as enumerated below:

1. Depositing fill in a regulated area, or other modification of topographic contours
2. Disturbance or destruction of flora and fauna, endangered and threatened species, ecologically sensitive species, and significant habitats in a regulated area
3. Influx of sediments or other materials causing increasing water turbidity and/or substrate aggradations in a regulated area
4. Removal or disturbance of regulated area soils
5. Destabilization of a regulated area channel or bank
6. Reductions and/or increases in regulated area water supply
7. Reductions and/or increases in an associated buffer area
8. Interference with the circulation of water within or through a regulated area
9. Damaging thermal changes and/or nutrient levels in the water supply within or through a regulated area
10. Alterations to flood flows, flood storage, storm-water, upstream and downstream channel and bank stability, storm barriers, and water quality of regulated areas
11. Impacts of flooding, erosion, hurricane winds, soil limitations, and other hazards such as fire or landslide of regulated areas
12. Impacts on water supply and waste disposal of regulated areas
13. Cumulative adverse effect of any proposed or reasonably anticipated future activities on regulated areas subject to the application
14. Consistency with public health and safety as well as any existing Federal, State, County, and local comprehensive land use plans and regulations
15. Considerations of biological quality, values, functions and benefits of the regulated areas and any other considerations which the Planning Board deems pertinent to the function of regulated areas, and land uses in the same sub-watershed area, as defined herein.

Decision Alternatives

I. Approval of the Permit / Approval with Conditions: Following an evaluation as set forth above, and after finding that the application will eliminate any substantial adverse effect to the regulated area(s), the Planning Board may approve a permit application, or approve with such conditions as may be deemed necessary to assure compliance with the purposes and intent of this Law. Prior to any site disturbance, clearing or grading or other work on the property, when appropriate, a maintenance bond or letter of credit as provided in · 139-15 (3) is required, which shall remain in effect until the Wetlands Inspector has certified that the regulated activity has been completed in accordance with permit approval. The Planning Board shall incorporate the necessary conditions within its written findings with respect to the proposed regulated activity and shall repeat those conditions on the face of the permit itself.

II. Approval with Modification of Associated Buffer areas: The Planning Board, in consultation with the Wetlands Inspector, Town Engineer, and EnCC may decrease the width of the associated buffer area (i.e., the distance from the protected wetland or watercourse bank as provided herein, or waterbody to the edge of the regulated area) if, after such reduction, such buffer shall substantially conform with the purpose, findings, and intent of this Law, and, where appropriate, increase the size of the associated buffer area elsewhere so there is no substantial adverse effect, in due consideration of the presence of the regulated areas' features described as follows:

a. Slope: The greater the slope of the buffer zone area, the larger the area must be to adequately slow runoff velocities into the wetland.

b. Depth to Bedrock: Steep land as defined herein with shallow soil type of less than 3' (three feet) requires a larger buffer zone area to address rapid storm flow.

c. Groundcover: The less vegetative cover and associated organic debris a buffer zone has, the more area is needed to successfully dissipate the energy of rainfall and runoff.

d. Soil Erodability: If the soil of the area adjacent to a wetland bears high erosion potential, a larger buffer zone is needed to separate the disturbed area from the wetland.

e. Wetland Value or Sensitivity: The higher the quality of the wetland in terms of habitat and species present, and the more sensitive it is to potential impacts, the greater the need for a buffer area large enough to assure its viability and to provide adequate protection for a wetland species and its critical terrestrial upland habitat.

Approval with modification of associated buffer areas under this paragraph shall not apply to wetlands or associated buffer areas subject to NYSDEC jurisdiction under ECL Article 24, Freshwater Wetlands Act.

III. Notice of Intent to Deny a Permit The Planning Board shall issue a written Notice of Intent to Deny a Permit if it finds that the proposed regulated activity will have a substantial adverse effect to the function of regulated area(s) despite the applicant's due diligence to comply with the standards and criteria above, and it shall invite the applicant to devise a Conservation Plan as defined herein, in compliance with · 139-16 Conservation Plan in Lieu of Permit Denial within 60 (sixty) days. The basis for the Planning Board's issuance of a Notice of Intent to Deny shall be included within the written findings with respect to the regulated activity and on the face of the Notice of Intent itself

IV. Denial of the Permit Should the applicant fail to exercise due diligence to comply with the standards and criteria above, the Planning Board shall deny the permit application to avoid substantial adverse effectto the regulated area(s) by the proposed regulated activity. The basis for the Planning Board's decision denying the permit as enumerated above, shall be included within the written findings with respect to the regulated activity and on the face of the permit denial itself.

· 139-15 GENERAL STANDARDS

General Standards Applicable to the issuance of letters of permission and permits as defined herein.

Site access The Wetland Inspector, Planning Board, its agents or employees may enter upon any lands or waters for good cause shown so as to undertake investigations, examinations, surveys, or other activity including the review of applications and determinations of compliance, all for the purpose of administering and enforcing this Law.

File Documents 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 Planning Board.

Notice to Adjacent Municipalities The Wetlands Inspector shall provide copies of 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 regarding any regulated areas on a subject parcel adjacent or contiguous to any municipal boundary, including that of the incorporated Village of New Paltz, to the supervisor or mayor, as the case may be, of such neighboring municipality.

Sound Management & Practices The Wetlands Inspector and Planning Board shall provide information to assist applicants, issue guidelines and opinions on sound management practices and permissible activities in regulated areas. Updated compilations of such guidelines and opinions will be periodically printed and made available to the public.

Construction Fencing and Erosion Control For all projects that receive a letter of permission or permit, the limits of disturbance to any regulated areas will be identified by construction fencing prior to issuance of a building permit, and erosion control measures as are appropriate to protect regulated areas shall be installed, and such protection shall remain in place and in good condition until all construction activities are completed and a certificate of occupancy is issued.

Written Issuance, Inspection, Expiration & Posting All letters of permission by the Wetlands Inspector and approved permits by the Building Inspector following compliance with the sections of this Chapter shall be issued in written form in accordance with the following:

1. Work conducted under a letter or permit shall be open to inspection at any time by the Wetlands Inspector, Building Inspector, and Planning Board, its agents or employees.
2. The letter or permit expiration date shall be clearly noted and shall be pursuant to the time periods specified by this Chapter.
3. The letter or permit approval shall be prominently displayed at the project site during the undertaking of the authorized activities.

Other Laws and Regulations No letter of permission or permit granted pursuant to this Law 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.

Payment of Fee(s) and Reimbursable costs Application Fees and other Reimbursable Costs as defined herein, and any Conservation Fee required pursuant to · 139-14, shall be charged to the applicant. In no event, shall a Letter of Permission or Permit be issued until all such sums have been paid in full.

Inactive applications or Renewals Applications must be diligently pursued by the applicant. Should any application before the Planning Board remain inactive for one (1) year pending submission of required information, the application shall be considered withdrawn. Withdrawn applications may be resubmitted as renewal applications within one (1) year from the date of withdrawal, subject to a permit renewal fee determined by resolution of the Town Board, and the applicable review requirements of this Chapter provided the applicant demonstrates such renewal is warranted by good cause. Inactive applications do not include those where the applicant is actively preparing a report at the request of the Planning Board or Wetlands Inspector.

Expiration and Extensions Letters of permission and permits shall remain in effect until termination of the activities specified, and, unless otherwise indicated, shall be valid to commence the permitted activities for a period of one (1) year from the date of issue. Upon written request of the applicant prior to the expiration date of a letter or permit, the Planning Board may extend the commencement of the permitted activity for a time not to exceed two (2) additional periods of ninety (90) days each, provided the applicant demonstrates such extension is warranted by good cause.

Documents Filed by the Planning Board A Wetlands Permit Approval, Approval with Conditions, Approval with Modification of Associated Buffer Areas, Notice of Intent to Deny, or Permit Denial shall be filed by secretary of the Planning Board in the offices of the Wetlands Inspector, Building Inspector, EnCC and Town Clerk. A Notice of Intent to Deny a Permit absent applicant's compliance with --139-16 Conservation Plan or Fee in Lieu of Permit Denial will be filed by the secretary of the Planning Board in the offices of the Wetlands Inspector and Building Inspector.

Certificate of Compliance A Certificate of Compliance as defined herein shall be issued by the Wetlands Inspector to certify that the regulated activity has been satisfactorily completed in accordance with permit approval. Failure to comply with the conditions specified in a letter of permission or permit shall result in a revocation.

Maintenance Bond or Letter of Credit Required: A Maintenance Bond or Irrevocable Letter of Credit shall be in the amount of the cost of the work to be performed pursuant to the permit approval to ensure performance of any work that is not complete or satisfactory to the Wetlands Inspector. If a sufficient bond or letter of credit has already been filed for site improvements associated with the project, the Planning Board has the discretion not to require a separate maintenance bond or letter of credit. A bond or letter of credit shall remain in effect until the issuance and filing of a Certificate of Compliance, or continue when appropriate, until a Certificate of Occupancy is issued by the Building Department. If a bond has been filed to allow issuance of a temporary Certificate of Occupancy, it shall be a condition of such certificate that the work be completed within 2 (two) years.

Certificates of Occupancy: A Certificate of Occupancy may be issued after the Wetlands Inspector has issued a Certificate of Compliance as provided above.

· 139-16 CONSERVATION PLAN OR FEE IN LIEU OF PERMIT DENIAL

1. In the event that the Planning Board issues a Notice of Intent to Deny a Permit for a regulated activity pursuant to · 139-14, an applicant, within 62 (sixty-two) days of the date of the Notice of Intent to Deny, may submit to the Planning Board a Conservation Plan after the Planning Board is satisfied, by clear and convincing data and analysis, that all reasonable efforts were undertaken to comply with the criteria set forth in · 139-14 (1) (a) and (b) Permit Decisions, and that:

(a) the proposed project (i) satisfies a compelling need of the community related to health, safety and well-being of persons and property therein, and (ii) clearly and substantially outweighs the loss or detriment to the function served by the regulated area, and the benefits derived therefrom, as expressed in a written opinion issued by the Planning Board; or,

(b) that a court of competent jurisdiction may reasonably find that a denial of the permit would preclude substantially all uses for which a property is adapted, so as to deny the owner all economically beneficial or productive use of his or her property; or that the economic effect of the regulation is so substantial as to work a regulatory taking of property.

Failure to comply with at least one of these conditions shall result in a Permit Denial that shall be filed in accordance with · 139-15 General Standards. For purposes of this subsection, connecting roads other than principal roads or thoroughfares with each other, so as to permit travel between neighborhoods without utilizing such principal roads and thoroughfares, shall constitute a compelling need of the community.

2. A Conservation Plan as defined herein is a narrative that shall explain the nature of the substantial adverse effect to the regulated area by the proposed regulated activity, and propose a strategy to mitigate the impacts. The narrative shall address any impacts on up-gradient and down-gradient property in the same sub-watershed, and shall explain the degree to which the proposed mitigation, as defined herein will attempt to redress the adverse environmental impacts to the regulated area. The plan must include a schedule for implementing the proposed work.

The Conservation Plan may include, but is not limited to, the following mitigation activities, individually or in combination to redress adverse effect by the regulated activity:

a. The establishment of a conservation restriction as defined herein to permanently protect the natural condition and functions of the remaining regulated areas of the subject parcel, up-gradient or down-gradient in the same sub-watershed as the area subject to the regulated activities that do not comply with the permit approval standards established in · 139-14 Permit Decisions, 3, Decision Alternatives (I) and (II) by precluding any future regulated activities within those areas pursuant to this section.

b. Restoration or enhancement of native vegetation (for example, improving the density and diversity of native woody plant species) in adjacent associated buffer areas to offset the impacts to the affected regulated area.

c. The repair or restoration of degraded or disturbed regulated areas, similar to those that have been or are proposed to be filled, drained, or damaged, or construction of new regulated area(s) by in-kind replacement, as defined herein.

d. Construction of infiltration basins, and utilization of bioretention and detention techniques to maximize stormwater infiltration on-site, or retrofit existing stormwater infrastructure to the extent not otherwise required by applicable law.

e. Increase of the width of other associated buffer area(s) to offset the adverse impacts that will have resulted from a regulated activity, in accordance with the criteria set forth in · 139-14, Permit Decisions, 3, Decision Alternatives (II).

3.The Planning Board will conduct a preliminary review within 32 (thirty-two) days of receipt of the draft Conservation Plan to determine whether the Plan is sufficiently complete, set a date for a public hearing on same in accordance with --139-12 (8) and forward a copy of the application, draft Plan and Notice of Hearing to the Wetlands Inspector, the EnCC, and the Town Board.

4. The Wetlands Inspector and EnCC shall, within 62 (sixty two) days of referral of a proposed Conservation Plan report to the Planning Board the extent to which the draft Plan mitigates substantial adverse effect to the regulated area(s.) The reasonable costs of review as defined herein incurred by the Wetlands Inspector, the EnCC and the Planning Board for private consultation fees shall be reimbursed by the applicant.

5. After the lapse of the 62 (sixty-two) day referral period, the Planning Board shall determine whether the applicant has satisfactorily complied with this Section, and shall make one of the following decisions which shall be issued and filed in accordance with · 139-15 General Standards for Permits.

I. Approve the Conservation Plan / Approve the Plan with Modifications: The Planning Board may approve or approve with such modifications or conditions as the Planning Board determines are necessary to mitigate the substantial adverse affects s to the function of the regulated area(s) by the proposed regulated activity. Upon approval of a Conservation Plan, a permit shall be issued. The applicant may be required to issue a maintenance bond or letter of credit as provided herein, prior to any site disturbance, clearing, grading or other work on the property that may adversely affect regulated areas.

II. Disapprove the Conservation Plan: The Planning Board may disapprove the conservation plan when the applicant has failed to mitigate the adverse effects of the proposed regulated activity despite available opportunities and strategies to mitigate the impacts. Disapproval of a plan shall result in a permit denial.

III. Notice of Intent to Deny the Conservation Plan: When a plan is not feasible, despite the applicant's due diligence to comply with the standards and criteria above, the Planning Board may invite the applicant to pay a Conservation Fee as defined herein, in lieu of plan denial.

6.Documents filed by the Applicant Should an approved Conservation Plan include a Conservation Restriction as defined herein, the applicant shall file the restriction in accordance with · 139-15(11) General Standards and in the office of the County Clerk, and Town Assessor.

7.Conservation Fee To avoid disapproval of the Conservation Plan and permit denial, when the Planning Board determines that there are no feasible mitigation strategies available to the applicant, despite the applicant's due diligence, or that available mitigation measures are inadequate alone, the applicant may propose payment of a Conservation Fee as defined herein in an amount to be established by the Planning Board. A Conservation Fee shall correspond to the amount the Planning Board determines is necessary to mitigate the substantial adverse effects or replace the resources lost as a result of the proposed regulated activity.In determining The Conservation Fee, the Planning Board shall duly consider costs of land, construction, maintenance, monitoring and program administration. Upon approval of a payment of a Conservation Fee, a permit shall be issued.

8. Maintenance Bond or Letter of Credit Required Prior to any site disturbance, clearing or grading or other work on the property, the applicant shall file a maintenance bond or letter of credit, in the amount of the cost of the work to be performed pursuant to the Conservation Plan to ensure performance of any work that is not complete or satisfactory to the Wetlands Inspector. If a sufficient bond or letter of credit has already been filed for site improvements associated with the project, the Planning Board has the discretion not to require a separate maintenance bond or letter of credit. A bond or letter of credit shall remain in effect until the issuance and filing of a Conservation Certificate, or continue where appropriate, until a Certificate of Occupancy can be issued by the Building Department. If a bond has been filed to allow issuance of a temporary Certificate of Occupancy, it shall be a condition of such certificate that the work be completed within 2 (two) years.

9. Conservation Certificate Upon satisfactory completion of a project authorized under the terms of a Conservation Plan and/or payment of Conservation Fee, a Conservation Certificate as defined herein shall be issued by the Wetlands Inspector. The Wetlands Inspector shall issue a Conservation Certificate stating that the work of the authorized Conservation Plan has either been completed in a satisfactory manner.

10. Certificates of Occupancy A Certificate of Occupancy may be issued after the Wetlands Inspector has issued a Conservation Certificate as provided above.

· 139-17 REFERRAL OF ZONING VARIANCES

To ensure administrative efficiency with the Town's separate land use development regulatory processes, applications for zoning variance made to the Zoning Board of Appeals (ZBA) affecting a regulated area and concerning a regulated activity shall be referred to the Planning Board for application, review, comment and administration under the provisions of this Law.

· 139-18 VIOLATIONS AND PENALTIES

A. Administrative Sanctions.

1. Any person who undertakes any regulated activity without a required permit or letter of permission issued hereunder, or who violates, disobeys, or disregards any provision of this Law, including any provision of any permit issued, any condition set or fee required by the Planning Board or Town pursuant to this Law, shall be liable to the Town of New Paltz for a civil penalty of not more than $5,000 (five thousand dollars) for every such violation. Each consecutive day of the violation will be considered a separate offense. Such civil penalty may be recovered in an action brought by the Town at the request and in the name of the Planning Board in any court of competent jurisdiction. Such civil penalty may be released or compromised by action of the Town Board and any action commenced to recover the same may be settled and discontinued by the Town Board. In addition, the Town Board shall have the power, following a hearing, to direct the violator to restore the regulated area 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 designee. Any such order of the Town Board shall be enforceable in an action brought in any court of competent jurisdiction. Any civil penalty or order issued by the Town Board pursuant to the criteria set forth herein shall be reviewable in a proceeding pursuant to Article 78 of the State Civil Practice Law and Rules.

2. Whenever a violation of this Law is alleged, any person may file a complaint in regard thereto. All such complaints must be in writing and filed with the Wetlands Inspector and Building Inspector, who shall record such complaints and promptly investigate and report thereon to the Planning Board, who shall refer such complaint to the Town Board for appropriate action.

B. Criminal Sanctions.

1. Any person who undertakes any regulated activity without a letter of permission or required permit issued hereunder, or who violates, disobeys, or disregards any provision of this Law, including any provision of any permit issued, any condition set or fee required by the Planning Board or Town pursuant to this Law, shall, in addition, for the first offense, be guilty of a violation punishable by a fine of not less than $500 (five hundred dollars) and not more than $1,000 (one thousand dollars); for a second and each subsequent offense he/she shall be guilty of a misdemeanor punishable by a fine of not less than $1,000 (one thousand dollars) nor more than $2,000 (two thousand dollars) or a term of imprisonment of not less than 15 (fifteen) days or more than 6 (six) months or both. Each violation shall be a deemed a separate and distinct offense, and in the case of continuing violation, each day in continuance thereof shall be deemed a separate and distinct offense.

2. In addition to these punishments, any offender may be ordered by the court to restore the affected wetland, watercourse, or buffer area 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 or its designee.

· 139-19 ENFORCEMENT

1. Whenever the Wetlands Inspector has reasonable grounds to believe that the applicant or property owner has not complied with any or all of the terms of this Law or has failed to undertake the project in the manner set forth in an Approval Permit, Conservation Plan, or Conservation Fee, or has exceeded the authority granted therein, the Wetlands Inspector shall promptly refer the matter to the Building Inspector, who shall notify the landowner or responsible person, and issue a written Notice to Remedy and post a Stop Work Order. All work shall be suspended and shall not resume again until such time that the stop order has been rescinded by the Building Inspector. Such notice and order shall be in writing, shall state the conditions under which the work may be resumed and may be served upon the landowner or person to whom it is directed either by delivering it personally to him or her, or by posting the same in a conspicuous location on the project site and by sending a copy of the same to the person or persons responsible by certified mail. The Building Inspector shall file copy of such notice and order with the Planning Board, the offices of the Wetlands Inspector, the EnCC, Town Board, and the Town Clerk.

2. The Building Inspector is hereby empowered to issue appearance tickets before the Town Justice and to enforce the provisions of this Law, including conditions of the permit approval, Conservation Plan or Conservation Fee approved by the Planning Board. A copy of the appearance ticket shall be filed with the Planning Board.

3. The Town of New Paltz is specifically empowered to seek injunctive relief restraining any violation or threatened violation of any provisions of this Law and/or compel the restoration of the affected regulated area to its condition prior to violation of the provisions of this Law.

· 139-20 ADMINISTRATIVE REVIEW

Any decision or order of the Wetlands Inspector or any officer of the Building Department made pursuant to or within the scope of this Chapter (other than to issue an appearance ticket) including the identification or mapping of a regulated area as provided in · 139-6 Notice and Mapping, a letter of permission for any activity as provided under --139-12Procedures for Permits may be reviewed by the Planning Board at the request of any person affected thereby, including but not limited to; the owner(s) of the affected regulated area; any resident or property owner contiguous to the subject parcel(s); any resident or property owner within or contiguous to the subject regulated area(s) for a distance of 1,000 (one thousand) feet up-gradient and down-gradient regardless of municipal boundaries, or any person who uses or is directly affected by the regulated area, provided that such review is commenced upon filing with the Town Clerk or filing in the office of the Planning Board a Notice of Review within 30 (thirty) days after filing of such with the Town Clerk. Such notice shall specify the grounds for seeking review and shall include a description of any new proof if applicable. A review decision by the Planning Board shall be filed in accordance with --139-15 General Standards (10).

· 139-21 RELIEF FROM PLANNING BOARD DECISIONS

Persons who may be individually, jointly or severally aggrieved by any Permit Approval, Permit Denial, Conservation Plan, or Conservation Fee may apply to the Supreme Court of the State of New York for review of such decision under Article 78 of the Civil Practice Laws and regulations of the State of New York

--139-22 ANNUAL REVIEW

The EnCC, the Planning Board, and the Wetlands Inspector shall submit an annual report to the Town Board not later than the first day of October of each year, concerning the administration, efficacy and enforcement of this Law. Such reports and recommendations shall assist the Town Board to monitor and evaluate the extent to which the intent and purpose of this Chapter have been served.

--139-23 AMENDMENTS

This Chapter or any part thereof, 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, stream channel geometry, animal, or botanic species peculiar to regulated areas becomes available. Every such proposed amendment shall be referred to the Planning Board and the EnCC for written reports before any Public Hearing, which may be held by the Town Board pursuant to the Municipal Home Rule Law. The Town Board shall not take action on any such amendment without such reports from the Planning Board and New Paltz Environmental Conservation Commission unless ninety (90) days have passed from the date of referral by the Town Board.

--139-24 COMPLIANCE WITH STATE ENVIRONMENTAL QUALITY REVIEW ACT

Prior to any decision under · 139-14 Permit Decisions or · 139-20 Administrative Review of this Law, the Planning Board shall first comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.

--139-25 COORDINATION WITH GENERAL MUNICIPAL LAW SECTION 239-M

Pursuant to the intent of this Law to ensure administrative efficiency and coordination, and to facilitate Town Planning Board compliance with the provisions of the General Municipal Law Section 239-m for associated land use development determinations, the Town Planning Board shall submit application documents received under · 139-12 Procedures for Permits accompanied by any draft permit pursuant to under · 139-14 Permit Decisions or · 139-16 Conservation Plan or Fee in Lieu of Permit Denial as part of any referral to the Ulster County Planning Board relating to such associated land use development determination, prior to issuance of a permit under this Chapter.

--139-26 CONFLICT WITH OTHER REGULATIONS

Where the standards and management requirements of this ordinance are in conflict with other land use development regulations, and policies regarding streams, steep slopes, clearing and grading, erodible soils, wetlands, floodplains, timber harvesting, land disturbance activities, or other environmental protective measures the more restrictive shall apply.

--139-27 REFERENCES TO LAWS, REGULATIONS, MAPS AND DOCUMENTS

All laws, regulations, maps and documents referenced in this Law shall be filed with the Town Clerk and shall be available to the public for review upon request. Subsequent amendments to those laws and regulations and subsequent editions of those documents shall only apply to this law upon their adoption by the Town Board.

· 139-28 SEVERABILITY

If any section, sub-section, paragraph, sub-paragraph, sentence, clause, phrase, or other part of this Law is, for any reason, held by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portion(s) of this Law.

Section 2. 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.