Definitions and word usage. As used in this chapter, the following
terms shall have the meanings indicated:
ALTER
To change, move or disturb any vegetation, soil, drainageway
or other natural material or system within a wetland or associated
buffer area as defined by this chapter.
AQUIFER
A geologic formation or groups of geologic formations that
contain saturated, permeable material, such as sand and gravel, limestone
or limestone overlaid with sand and gravel, sufficient to yield significant
and usable quantities of water to drinking wells and springs.
ASSOCIATED BUFFER
A regulated upland area surrounding a wetland, that is intended
to provide protection to the wetland from human activity and other
encroachments. The associated buffer shall be that area extending
a minimum of 100 feet horizontally away from and parallel to the wetland
boundary, or in the case of a stream that qualifies as a wetland 100
feet on both sides of the stream. The buffer may extend beyond 100
feet where slopes are steep. The Planning Board may require larger
buffers for effective protection and preservation of habitat and water
quality pursuant to the standards enumerated in Article 24-0701.2
of the New York State Freshwater Wetlands Act and 6 NYCRR Part 664.7.
Such an extension of the associated buffer shall be in relation to
the nature and importance of the wetland's benefits and the fragility
and vulnerability of the wetland and its benefits and shall be made
only after the Planning Board has made a written finding of the necessity
of such a larger buffer.
BIODIVERSITY
Biodiversity describes the variety of life and its processes.
The term refers to all the variation in nature, including ecosystems,
biological communities, species and their genes. It also refers to
the interactions of organisms with each other, and with the nonbiological
components of their environments such as soil, water, air and sunlight.
Habitats with a high species richness (i.e., number of species) and
habitats with low species richness may be equally important to overall
biodiversity.
BOUNDARY OF A WETLAND
The outer limit of a regulated area characterized by wetland
soils, wetland hydrology, and wetland vegetation as defined herein
under "wetland/freshwater wetland."
CLEAR-CUTTING
The indiscriminate removal of all or most trees, regardless
of size or maturity, for a purpose other than development. This definition
shall not include the selective removal of tree species according
to a forest management plan consistent with § 480-a of the
New York State Real Property Tax Law or the New York State Timber
Harvesting Guidelines or the New York State Cooperating Forester Program,
and in accordance with environmentally sound and sustainable silvicultural
principles; removal of dead trees; or removal of trees in accordance
with a subdivision plat or site plan approved by the Town of Rhinebeck
Planning Board.
DEPOSIT
The act of filling, grading, discharging, emitting, dumping,
or the placement of any material, but not including stormwater.
DISCHARGE
The emission of any water, substance or material into a wetland
or its associated buffer, whether or not such substance causes pollution.
DOMINANT(S) or DOMINANCE
A dominant species is either the dominant plant species (i.e.,
the only species dominating a vegetative unit) or a co-dominant species
(i.e., when two or more species dominate a vegetative unit). The measures
of spatial extent are percent area cover for all vegetation units
other than trees and basal area for trees. In this chapter, "dominance"
refers to the spatial extent of a vegetative species because spatial
extent is directly measurable or discernible in the field.
DRAIN
To deplete or empty of water by drawing off by degrees or
in increments.
DREDGE
To excavate or remove sediment, sand, soil, mud, shells,
gravel or other aggregate from a wetland or watercourse.
ECOLOGIST/BIOLOGIST
A person having a degree from an accredited college or university
in the field of biological sciences related specifically to the identification
and distribution of animal populations in wetland habitats and upland
systems, and of methods to describe and classify those populations.
ECOLOGIST/BOTANIST
A person having a degree from an accredited college or university
in the field of physical, chemical, and biological sciences related
to the physiology, identification and distribution of native plants
and vegetative associations in wetland and upland systems and of methods
to describe, classify and delineate vegetative species and associations.
EXCAVATE
To dig out, move, or remove any material either by hand or
machine.
FACULTATIVE SPECIES
Vegetative species that can occur in both wetland and upland
systems. There are three subcategories of facultative species: facultative
wetland (FACW), facultative (FAC), and facultative upland (FACU).
Under natural conditions a facultative wetland species is usually
(estimated probability 67% to 99%) found in wetlands, but occasionally
in uplands. A facultative species has a similar likelihood (estimated
probability of 34% to 66%) of occurring in both wetlands and uplands.
The facultative upland species is usually (estimated probability 67%
to 99%) found in uplands, but occasionally in wetlands. Facultative
species for the Northeast are listed in the National List of Plant
Species that Occur in Wetlands, New York State (1988), or as amended
and updated.
FLAGGING
Placement of visible markers at the wetland boundary, which,
upon Town verification by the Town of Rhinebeck, may be located in
the field and transferred by a licensed land surveyor onto a survey,
or a proposed subdivision plan, site plan or other development project
map.
HYDRIC SOIL
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in its upper portion.
The concept of hydric soils includes those developed under sufficiently
wet conditions to support the growth and regeneration of hydrophytic
vegetation. Soils that are sufficiently wet because of artificial
measures are included in the concept of hydric soils. Also, soils
in which hydrology has been artificially modified are hydric if the
soil, in an unaltered state, was hydric. Some series, designated as
hydric, have phases that are not hydric depending on water table,
flooding, and ponding characteristics.
HYDROPERIOD
The seasonal pattern of water level fluctuations in a wetland.
LAND PROTECTION AGREEMENT
An imposition on lands by deed restriction or, preferably,
by conservation easement pursuant to Article 49 of the New York State
Environmental Conservation Law, to preserve the environmental, ecological,
biological, hydrological, or other functional values of regulated
areas. Such a restriction shall run with the land and bind subsequent
landowners, and be documented on a survey map or plan, which shall
be in such form as is adequate to provide notice of the restriction
as approved by the Planning Board Attorney, and which shall be recorded
in the office of the Dutchess County Clerk. A conservation restriction
does not require a dedication of lands for public use, and the owners
of the property, their successors and assigns otherwise retain their
rights to full use and quiet enjoyment of their property.
MATERIAL
Substances including, but not limited to, soil, silt, gravel,
rock, sand, clay, peat, mud, debris and refuse; any organic or inorganic
compound, chemical agent or matter (excluding pesticides, herbicides,
algaecides and agricultural or radioactive wastes to the extent that
same are exempt or regulated exclusively by the State of New York);
sewage, sewage sludge or effluent; and industrial or municipal solid
waste.
MITIGATION PLAN
The plan prepared by an applicant for a wetlands permit to
compensate for the proposed wetland and wetland buffer impacts pursuant
to the standards and requirements of this chapter and SEQR.
OBLIGATE UPLAND SPECIES
Plant species that, under natural conditions, always occur
in uplands (i.e., 99% of the time).
OBLIGATE WETLAND SPECIES
(1)
Plant species that, under natural conditions, always occur in
wetlands (i.e., greater than 99% of the time); and/or
(2)
Animal species that depend on vernal pools for successful breeding.
PERMIT, WETLANDS
That form of Town approval required by this chapter for the
conduct of a regulated activity within any area of the Town of Rhinebeck
defined as a "wetland" or "associated buffer."
POLLUTION
The presence in the environment of human-induced conditions
or contaminants in quantities or characteristics which are or may
be injurious to human, plant or animal life or to property.
REGULATED ACTIVITY
Those activities to be conducted in wetlands and associated
buffers that require a wetlands permit from the Town Planning Board.
REMOVE
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or regrade or the act thereof.
SOIL SCIENTIST
A person having special knowledge by reason of education
or experience of the physical, chemical and biological sciences applicable
to the genesis and morphology of soils as natural bodies and of the
methods to describe, classify, and map soil units.
STATE FRESHWATER WETLANDS
Lands and waters of the state, as shown on the State Freshwater
Wetlands Map, or as amended or updated from time to time, which contain
any and all of the conditions described in Subdivision 1 of § 24-0107
of the Environmental Conservation Law.
STORMWATER MANAGEMENT AREA
The area for which stormwater has been addressed in a stormwater
pollution prevention plan (SWPPP) prepared pursuant to the Environmental
Protection Agency's (EPA) and New York State Department of Environmental
Conservation's (NYSDEC) Phase II Stormwater Regulations or as
amended or updated.
STRUCTURE
A static construction, or assembly, or materials, the use
or occupancy of which requires a fixed location on the ground or attachment
to an object having such a fixed location. Structures shall include,
among others, buildings, stadiums, sheds, storage bins, reviewing
and display stands, platforms, towers, walls, fences, swimming pools,
tennis courts, gasoline pumps, billboards, signs, artwork, and mobile
dwellings. Structures shall not include utility poles, wire and related
equipment.
VERNAL POOL
A type of wetland as defined herein. In general, vernal pools
are seasonal bodies of water that attain maximum depths in spring
or fall and lack permanent surface water connections with other wetlands
or water bodies. Pools fill with snow melt or runoff in the spring,
although some may be fed primarily by groundwater sources. The duration
of surface flooding (hydroperiod) varies depending upon the pool and
the year; vernal pool hydroperiods range from a continuum of less
than 30 days to more than a year. Pools are generally small in size
(less than two acres), with the extent of vegetation varying widely.
They lack established fish populations, usually as a result of periodic
drying, and support communities dominated by animals adapted to living
in temporary, fishless pools. Vernal pools provide essential breeding
habitat for pool-breeding wildlife such as fairy shrimp, marbled salamander,
blue-spotted salamander, Jefferson's salamander, and wood frog.
WATER BODY
Any natural or artificial pond, lake, reservoir or other
surface water area which usually or intermittently contains water
and which has a discernible shoreline.
WATERSHED
A region of land that drains downgradient to a particular
body of water. A watershed has interconnected streams, lakes, wetlands,
and underground waters moving generally downhill to the body of water
for which the watershed is named.
WETLAND DELINEATION
Wetland delineation consists of methods that are described
in detail in Part IV of the Wetland Delineation Manual. These are
grouped into two general types. Routine delineation (Part IV, Section
D) involves simple, rapidly applied methods that result in sufficient
qualitative data for determining a wetland boundary. Comprehensive
methods (Part IV, Section E) should be used when the project area
is complex and/or when the determination requires rigorous documentation.
Use of the comprehensive method will result in maximum information
for use in making determinations. Delineation on atypical sites and
problem areas, as described in the Part IV, Sections F and G, shall
comply with the delineation methods described in those sections.
WETLAND; FRESHWATER WETLAND
(1)
Wetlands are lands inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
include, but are not limited to, swamps, marshes, bogs, fens, intermittent
streams, vernal pools, and shallow water zones of rivers, lakes, ponds
and other water bodies. Wetlands have the following environmental
characteristics:
(a)
Wetland vegetation. The prevalent vegetation is typically adapted
to areas having hydrologic and soil conditions described above. Wetland
vegetation is present if more than 50% of the dominant species are
listed as obligate, facultative wet, or facultative on the USFWS Wetland
Plant List (National List of Plant Species that Occur in Wetlands:
1988 National Summary). Additional indicators of vegetation associated
with wetlands are listed in Paragraph 35 of the Wetland Delineation
Manual.
(b)
Wetland soil. Soils are present and have been classified as
hydric, or they possess characteristics that are associated with saturated
soil conditions. Indicators of these soils are listed in Paragraphs
44 and 45 of the Wetland Delineation Manual.
(c)
Wetland hydrology. Wetlands are inundated either permanently
or periodically at mean water depths equal to or less than 6.6 feet,
or the soil is saturated to the surface at some time during the growing
season. Indicators of hydrologic conditions that occur in wetlands
are listed in Paragraph 49 of the Wetland Delineation Manual.
(2)
This definition is from the Wetland Delineation Manual. Except
in certain situations, such as disturbed areas described in the Wetland
Delineation Manual, evidence of a minimum of one positive wetland
indicator from each parameter (vegetation, soils, and hydrology) must
be found in order to make a positive wetland determination.