§ 340-5. General procedures.  


Latest version.
  • A. 
    Application required. Prior to the submission of a wetland application form, the applicant should schedule a preapplication meeting with the approval authority to discuss the scope of the project and identify the information required to be submitted. No regulated activity shall be conducted without the issuance of a written permit from the approval authority. Application for a permit shall be made to the approval authority on forms furnished by the Planning or Building Department. When a wetland permit is required for improvements associated with a subdivision, special permit or a site plan application, a separate wetland application form is not required; however, a fee for wetland application review is to be submitted in accordance with a fee schedule adopted by the Town Board. The approval authority shall review the subdivision, special permit or site plan applications using the standards established by this chapter.
    B. 
    Conservation Board.
    (1) 
    Where the Planning Board is the approval authority, upon submission of a completed application and upon referral from the Planning Board, the Conservation Board shall review the application and, within 45 days of receipt thereof, shall file a written report and its recommendation concerning the application with the Planning Board. Such report shall evaluate the proposed regulated activity in terms of the findings, intent and standards of this Chapter 340.
    (2) 
    Where the Building Inspector in consultation with the Town Wetland Consultant is the approval authority, upon submission of the completed application, the Town Wetland Consultant shall provide the Conservation Board with an informational report at its next meeting.
    C. 
    Residential Project Review Committee. Pursuant to Chapter 12, Article IV, of the Town Code, the Residential Project Review Committee shall review all administrative wetland permit applications associated with one- and two-family parcels and determine whether a permit application should proceed with an administrative permit or whether Planning Board approval would be required.
    D. 
    Planning Board waiver. The Planning Board, if it determines that the requested wetland permit is minor in nature, may direct the permit to be processed administratively by majority vote.
    E. 
    SEQRA compliance. An application shall not be deemed complete until and unless the applicant has complied fully with the procedures of the State Environmental Quality Review Act.
    Editor's Note: See Article 8 of the Environmental Conservation Law, § 8-0101 et seq.
    F. 
    Maintenance of files. All information relating to a permit application, including but not limited to the application itself, additional required materials or information, notices, records of hearings, written comments and findings, shall be maintained on file in the office of the approval authority.
    G. 
    Site inspections. The approval authority, 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 with permits, all for the purpose of administering and enforcing this chapter.
    H. 
    Expiration of approval. All permits shall expire on completion of the acts specified and, unless otherwise indicated, shall be valid for a period of two years from the date of issue. An extension of an original permit may be granted upon written request to the approval authority by the original permit holder or his legal agent. The approval authority may require a new hearing if, in its judgment, the original intent of the permit is altered or extended by the renewal or if the applicant has failed to abide by the terms of the original permit in any way. The request for renewal of a permit shall follow the same form and procedure as the original application, except that the approval authority shall have the option of not holding a hearing if the original intent of the permit is not altered or extended in any significant way.