This chapter shall be known as the "Freshwater Wetlands Protection Law
of the Town of Cornwall."
It is declared to be the public policy of the Town of Cornwall to preserve,
protect and conserve freshwater wetlands and the benefits derived therefrom,
to prevent the despoliation and destruction of freshwater wetlands and to
regulate the development of such wetlands in order to secure the natural benefits
of freshwater wetlands, consistent with the general welfare and beneficial
economic, social and agricultural development of the town. It is further declared
to be the policy of the Town Board of the Town of Cornwall to exercise its
authority pursuant to Article 24 of the State Environmental Conservation Law,
as the same may be amended from time to time.
The following terms, phrases, words and their derivatives shall have
the meanings given herein:
ADJACENT AREA
Any land in the Town of Cornwall immediately adjacent to a freshwater
wetland or lying within 100 feet, measured horizontally, of the boundary of
a freshwater wetland.
AGENCY
The Planning Board of the Town of Cornwall.
APPLICANT
Any person who files an application for any permit issued by the
agency pursuant to this chapter, and includes the agent of the owner or a
contract vendee.
BOARD
The Freshwater Wetlands Appeals Board established by Article 24 of
the State Environmental Conservation Law.
BOUNDARIES OF A FRESHWATER WETLAND
The outer limit of the vegetation specified in Subsections
A and
B of the definition of "freshwater wetlands" and of the waters specified in Subsection
C of said definition.
FRESHWATER WETLANDS
Lands and waters lying within the boundaries of the Town of Cornwall,
as shown on a freshwater wetlands map, which contain any or all of the following:
A. Lands and submerged lands, commonly called marshes, swamps,
sloughs, bogs and flats, supporting aquatic or semiaquatic vegetation of the
following vegetative types:
(1) Wetland trees, which depend upon seasonal or permanent
flooding or sufficiently waterlogged soils to give them a competitive advantage
over other trees, including, among others, red maple (Acer rubrum), willows
(Salix species), black spruce (Picea mariana), swamp white oak (Quercus bicolor),
red ash (Fraxinus pennsylvanica), American elm (Ulmus americana) and larch
(Larix laricina).
(2) Wetland shrubs, which depend upon seasonal or permanent
flooding or sufficiently waterlogged soils to give them a competitive advantage
over other shrubs, including, among others, alder (Alnus species), buttonbush
(Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla) and leatherleaf
(Chamaedaphne calyculata).
(3) Emergent vegetation, including, among others, cattails
(Typha species), pickerelweed (Pontederia cordata), arrow arum (Peltandra
virginica), arrowhead (Sagittaria species), red (Phragmites communis), wild
rice (Zizania aquatica), bur reeds (Sparganium species), purple loosestrife
(Lythrum salicaria), swamp loosestrife (Decondon verticillatus) and water
plantain (Alisma plantago-aquatica).
(4) Rooted, floating-leaved vegetation, including, among
others, water lily (Nymphaea odorata), water shield (Brasenia schreberi) and
spatterdock (Nuphar species).
(5) Free-floating vegetation, including, among others, duckweed
(Lemna species), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia
species).
(6) Wet meadow vegetation, which depends upon seasonal or
permanent flooding or sufficiently waterlogged soils to give it a competitive
advantage over other open land vegetation, including, among others, sedges
(Carex species), rushes (Juncus species), cattails (Typha species), rice cut-grass
(Leersia oryzoides), reed canary grass (Phalaris arundinaceae), swamp loosestrife
(Decodon verticillatus) and spike rush (Eleocharis species).
(7) Bog mat vegetation, including, among others, sphagnum
mosses (Sphagnum species), bog rosemary (Andromeda glaucophylla), leatherleaf
(Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea) and cranberries
(Vaccinium macrocarpon and Vaccinium oxycoccos).
(8) Submergent vegetation, including, among others, pondweeds
(Potamogeton species), naiads (Naias species), bladderworts (Utricularia species),
wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water
milfoils (Myriophyllum species), muskgrass (Chara species), stonewort (Nitella
species), waterweeds (Elodea species) and water smartweed (Polygonum amphibium).
B. Lands and submerged lands containing remnants of any
vegetation that is not aquatic or semiaquatic that has died because of wet
conditions over a sufficiently long period, provided that such wet conditions
do not exceed a maximum seasonal water depth of six feet, and provided further
that such conditions can be expected to persist indefinitely, barring human
intervention.
C. Lands and waters enclosed by aquatic or semiaquatic vegetation as set forth herein in Subsection
A and dead vegetation as set forth in Subsection
B, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
D. The waters overlying the areas set forth in Subsections
A and
B and the lands underlying those specified in Subsection
C above.
FRESHWATER WETLANDS MAP
A map on which are indicated the boundaries of any freshwater wetland
and which has been filed with the Clerk of the Town of Cornwall by the State
Department of Environmental Conservation pursuant to § 24-0301 of
the State Environmental Conservation Law, as the same may be amended from
time to time.
PARTY IN INTEREST
The applicant, the agency, the State Department of Environmental Conservation, each local government in which the regulated activity or any part thereof is located and any person who appears and wishes to be party in interest at the public hearing held pursuant to §
90-7 of this chapter.
PERSON
Any corporation, firm, partnership, association, trust, estate, one
or more individuals and any unit of government or agency or subdivision hereof.
POLLUTION
The presence in the environment of human-induced conditions or contaminants
in quantities or with characteristics which are or may be injurious to humans,
plants, animals and property.
PROJECT
Any action which may result in direct or indirect physical impact
on a freshwater wetland, including but not limited to any regulated activity.
REGULATED ACTIVITY
Any form of draining, dredging, excavation or removal of soil, mud, sand, shells, gravel or other aggregate from any freshwater wetland, either directly or indirectly; any form of dumping or filling or the depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind, either directly or indirectly; the erecting of any structures or roads, the driving of pilings or the placing of any other obstructions, whether or not changing the ebb and flow of the water; any form of pollution, including but not limited to installing a septic tank, running a sewer, outfall or discharging sewage treatment effluent or other liquid wastes directly into or so as to drain into a freshwater wetland; that portion of any subdivision of land that involves any land in any freshwater wetland or adjacent area; and any other activity which substantially impairs any of the several functions served by freshwater wetlands or the benefits derived therefrom which are set forth in §
90-3 of this chapter.
SELECTIVE CUTTING
The annual or periodic removal of trees, individually or in small
groups, in order to realize the yield and establish a new crop and to improve
the forest, which removal does not involve the total elimination of one or
more particular species of trees.
STATE
The State of New York.
STATE AGENCY
Any state department, bureau, commission, board or other agency,
public authority or public benefit corporation.
SUBDIVISION OF LAND
Any division of land into two or more lots, parcels or sites, whether
adjoining or not, for the purpose of sale, lease, license or any form of separate
ownership or occupancy (including any grading, road construction, installation
of utilities or other improvements or any other land use and development preparatory
or incidental to any such division) by any person or by any other person controlled
by, under common control with or controlling such person or by any group of
persons acting in concert as part of a common scheme or plan. "Subdivision
of land" shall include any map, plat or other plan of division of land, whether
or not previously filed. "Subdivision of land" shall not include the lease
of land for hunting and fishing and other open space recreation uses and shall
not include the division of land by bona fide gift, devise or inheritance.
TOWN
The Town of Cornwall.
In order to carry out the purposes and provisions of this chapter, the
Town Board shall have the following powers:
A. To appoint officers, agents and employees and prescribe
their duties and qualifications and fix their compensation.
B. To adopt, amend and repeal, after public hearing, such
rules and regulations, consistent with this chapter, as it deems necessary
to administer this chapter and to do any and all things necessary or convenient
to carry out the purpose and policies of this chapter.
C. To contract for professional and technical assistance
and advice.
D. To hold hearings and subpoena witnesses in the exercise
of its powers, functions and duties provided for by this chapter.