§ 89-1. Legislative findings.  


Latest version.
  • The Town of Carmel Town Board finds that rapid growth, spread of development and increasing demands upon natural resources are encroaching upon, despoiling, polluting or eliminating many of its water bodies, watercourses, wetlands, and other natural resources and processes located within the Town of Carmel which, if maintained in an undisturbed and natural condition constitute important physical, social, aesthetic, recreational and economic assets to present and future residents of the Town of Carmel.
    A. 
    The wetlands of the Town of Carmel are invaluable resources for flood protection, wildlife habitat, open space and the maintenance of water quantity and quality.
    B. 
    Considerable acreage of wetlands in the Town of Carmel has been lost, despoiled or impaired by unregulated draining, dredging, filling, excavating, building, polluting or other acts inconsistent with natural uses of such areas. Other wetlands are in jeopardy of being lost, despoiled or impaired by such unregulated acts.
    C. 
    Recurrent flooding aggravated or caused by the loss of wetlands or obstruction of water bodies or watercourses has a serious effect upon natural ecosystems.
    D. 
    Any loss of wetlands deprives the people of the Town of Carmel of some or all of the many and multiple benefits to be derived from wetlands, by:
    (1) 
    Providing drainage, flood and stormwater control by the hydrologic absorption and natural storage capacity of wetlands;
    (2) 
    Providing wildlife habitat by providing breeding, nesting and feeding grounds and cover for many forms of wildlife, wildfowl and shorebirds, including migratory wildfowl and rare species;
    (3) 
    Providing protection of subsurface water resources and provision for valuable watersheds and recharging groundwater systems;
    (4) 
    Providing recreation by providing areas for hunting, fishing, boating, hiking, bird watching, photography, camping, nature study, passive enjoyment and other uses;
    (5) 
    Providing pollution control through biological degradation, chemical oxidation reduction, as well as physical separation, settling basins, and areas of plant uptake of certain nutrients and other pollutants;
    (6) 
    Providing natural erosion control by serving as sedimentation areas and filtering basins, absorbing silt and organic matter and protecting channels and coves;
    (7) 
    Preserving much needed open space which serves to satisfy man's psychological and aesthetic needs;
    (8) 
    Providing sources of nutrients in freshwater food cycles and nursery grounds and sanctuaries for freshwater fish; and
    (9) 
    Serving as an educational and research resource.
    E. 
    Wetlands protection is a matter of concern to the entire Town and adjacent areas, and the establishment of regulatory and conservation practices for these areas serve to protect the Town by insuring review and regulation of any activity in wetlands that might adversely affect the health, safety and welfare of the Town's citizens.
    F. 
    Wetlands in Carmel and other areas form an ecosystem that is not confined to any one property owner or neighborhood. Experience has demonstrated that effective wetlands protection requires consistency of approach to preservation and conservation efforts throughout the Town.
    G. 
    Loss of wetlands can cause or aggravate flooding, erosion, diminution of water supply for drinking and waste treatment.
    H. 
    Regulation of wetlands is consistent with the legitimate interests of preexisting farmers to graze and water livestock, make reasonable use of water resources, harvest natural products of wetlands, selectively cut timber and fuel wood and otherwise engage in the use of land for agricultural production.