§ 340-16. Penalties for offenses.

A. 

Administrative sanctions.

(1) 

Any person who undertakes any regulated activity within a wetland or wetland buffer without a permit issued hereunder or who violates, disobeys or disregards any provision of this chapter, including any provision of any permit issued pursuant to this chapter or any rule or regulation adopted by the approval authority pursuant to this chapter, shall be liable to the Town for a civil penalty of not more than $1,000 for every such violation.

(2) 

Each consecutive day of the violation will be considered a separate offense.

(3) 

Such civil penalty may be recovered in an action brought by the Town at the request and in the name of the approval authority in any court of competent jurisdiction. Such civil penalty may be released or compromised by the approval authority, and any action commenced to recover the same may be settled and discontinued by the approval authority. In addition, the approval authority shall have power, following a hearing, to direct the violator to restore the affected wetland and/or wetland buffer to its condition prior to the violation, to the maximum extent possible, within a reasonable time and under the supervision of the approval authority or its designee.

(4) 

Any such order of the approval authority shall be enforceable in an action brought in any court of competent jurisdiction. Any order issued by the approval authority pursuant to this section shall be reviewable in a proceeding pursuant to Article 78 of the State Civil Practice Law and Rules.

(5) 

The Town will provide technical assistance to the court if requested.

B. 

Criminal sanctions.

(1) 

Any person who violates an order, permit or rules or regulations of the approval authority regulating wetlands and wetland buffers pursuant to this chapter shall, for the first offense, be guilty of a violation punishable by a fine of not less than $1,000 and not more than $2,000; for a second and each subsequent offense, he shall be guilty of a misdemeanor punishable by a fine of not less than $3,000 nor more than $25,000 or a term of imprisonment of not more than six months, or both.

(2) 

In addition to these punishments, any offender may be ordered by the court to restore the affected wetland and/or wetland buffer to its condition prior to the offense, to the maximum extent possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the approval authority.

(3) 

Each offense shall be a separate and distinct offense, and in the case of continuing offenses, each day's continuance thereof shall be deemed a separate and distinct offense.

(4) 

The Town will provide technical assistance to the court if requested.