§ 81-8. Work release., Chapter 81. Wetlands and Waterways, Land Use Legislation, Code of Ordinances, Brookhaven

A.

Emergency work which is deemed to be immediately necessary in order to protect public health and/or safety or to prevent significant damage to personal or real property;

B.

Activities located within the jurisdictional area of a tidal or freshwater wetland or waterways that conform to the standards for approval and do not significantly impinge or impair the adjoining wetland or waterway or their function, including, but not limited to:

(1)

A subdivision or land division that does not exceed the yield calculations of the Wetlands Overlay District (Chapter 85, § 85-621), and which, through the design of the yield, preliminary and/or final subdivision or land division map or survey, will maintain a structural setback (excluding docks, retaining walls, bulkheads, and access walks) from the wetland boundary a distance greater than 120 feet, and will cause no disturbance to the soils or vegetation within 100 feet of the wetland boundary;

(2)

A site plan which, through the phases of design, will maintain a structural setback (excluding docks, retaining walls, bulkhead, and access walks) from the limit of the wetland boundary a distance greater than 120 feet, and will cause no disturbance to the soils or vegetation within 100 feet of the wetland boundary;

(3)

The construction of a new commercial or residential structure with a structural setback from the wetland boundary a distance greater than 120 feet, and the action of construction will cause no disturbance to the soils or vegetation within 100 feet of the wetland boundary;

(4)

The construction in kind and in place of an existing commercial or residential structure with a valid certificate of occupancy or the equivalent;

(5)

The addition to an existing commercial or residential structure with a valid certificate of occupancy or the equivalent of less than 10% of the existing floor area that: maintains a setback from the wetlands boundary of 75 feet or the existing setback, whichever is less, involves no or minimal removal of indigenous vegetation, shall not cause any construction within a wetland or waterway, and which will not impair local groundwater or surface water quality;

(6)

The construction of accessory structures or parts thereof and nonstructural activities (filling, excavating, etc.) that involve no or minimal removal of indigenous vegetation, do not cause any construction within a wetlands or a waterway, and which will not impair local groundwater or surface water quality;

(7)

Any action upon or within the jurisdictional area of an artificial wetland, provided that a management plan is on file with the Division of Environmental Protection and the proposed action preserves the design function of the artificial wetland; and

(8)

Minor removal or pruning of wetlands vegetation or natural vegetation within an established buffer area or jurisdictional area to gain access to a waterway, provided such access path does not exceed four feet in width.

(9)

The alteration, maintenance, dredging, or any activity on or within 25 feet of an artificial wetlands that has an approved management plan and where the proposed activity is included as an acceptable management practice within the management plan.

[Added 5-25-2017 by L.L. No. 15-2017, effective 6-7-2017]

C.

The construction, repair or replacement of a primary or accessory structures or parts thereof which is necessitated as a result of an unusual storm, ice event or other catastrophic event, provided:

(1)

An application is received by the Division of Environmental Protection within 60 days of the event;

(2)

The applicant provides proof that the structure previously existed and that the structure's destruction was a direct result of the storm or ice event or other catastrophic event; and

(3)

That the structure had previously been issued a wetlands and waterways permit under Chapter 81 or a certificate of occupancy under Chapter 85 of the Town Code; and

D.

The installation of a nonstructural shoreline protection device; and

E.

Structures or activities subject to regulation and initiated or completed without the issuance of a wetlands and waterways permit may, at the discretion of the Director or the designee of the Director, be issued a work release subject to limiting conditions and mitigation measures. The Director may also pursue civil and criminal penalties as set forth in § 81-26.