[HISTORY: Adopted by the Town Board of the Town of Rhinebeck 12-29-2009 by L.L. No.
7-2009. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Freshwater
Wetlands Law of the Town of Rhinebeck."
A.
The purpose of this chapter is to promote the health, safety and
welfare of the residents of Rhinebeck and to implement the recommendations
of the Town's adopted Comprehensive Plan by regulating the dredging,
filling, deposition or removal of materials; degradation of water
quality; the diversion or obstruction of water flow; and the placement
of structures in, and other uses of, wetlands in the Town of Rhinebeck.
B.
This chapter is intended to preserve, protect and conserve wetlands
through careful regulation and control so that the multiple functions
and benefits they provide may continue, thereby helping to protect
property from damages caused by flooding and other losses due to wetlands
destruction. This chapter is also intended to protect regional watersheds
because portions of the headwaters of the Crum Elbow Creek, Landsman
Kill, and Saw Kill are located within the Town and several tributaries
of the Hudson River feed directly into an area of the river where
several public water supply intakes are located.
The Town Board of the Town of Rhinebeck finds and affirms the
following:
A.
The Town Board has the authority to preserve, protect and conserve
freshwater wetlands, under § 10(1)(ii)(a), (11) and (12)
of the New York State Municipal Home Rule Law.
B.
The Town of Rhinebeck has determined that it will exercise shared
authority to regulate freshwater wetlands with the New York State
Department of Environmental Conservation and the United States Army
Corps of Engineers.
C.
It is the policy of the Town of Rhinebeck to preserve, protect and
conserve freshwater wetlands and the benefits derived therefrom; to
prevent their despoliation and destruction; and to regulate development
in wetlands and their adjacent upland buffers in order to secure the
multiple benefits derived therefrom, consistent with the economic,
social and environmental welfare of the community.
D.
Federal, state, and local agencies as well as private researchers
have increasingly understood and documented numerous values and beneficial
services of wetlands and their adjacent upland areas. These values
and services are essential to the health, safety and welfare of residents
of the Town of Rhinebeck. These valuable natural resources benefit
the entire Town and the surrounding region. The integrity of these
water resources and maintenance of their full functions and benefits
is inextricably linked to the presence of intact, surrounding natural
communities on adjacent upland buffer areas. Such communities are
exceptionally rich in biodiversity and can protect or ameliorate water
quality impacts from adjacent land uses. The essential functions and
values provided by wetlands and adjacent buffer areas include but
are not limited to:
(1)
Water quality protection and improvement. Wetlands act as settling
ponds, filtering and trapping nutrients, like nitrogen and phosphorus,
and other pollutants from stormwater runoff and facilitating chemical
breakdown of pollutants. Wetlands also act as chemical and biological
oxidation basins, treating pollutants including toxic substances through
natural biological degradation and chemical oxidation. Natural buffer
zones surrounding these wetlands filter overland runoff, protecting
surface waters from eutrophication and reducing or removing pollutants
from stormwater runoff before they reach wetlands and streams.
(2)
Watersheds. Wetlands are an important component of watersheds, upon
which thousands of Northern Dutchess County and Ulster County residents
depend for a clean water supply. Public health and property in one
area of a watershed may be affected by loss of wetland functions in
another area of the same watershed.
(3)
Groundwater recharge and discharge. Wetlands recharge groundwater
aquifers upon which almost all of Rhinebeck's residents, outside
of the Village of Rhinebeck, depend as a source of drinking water.
(4)
Wetlands comprise the surface water sources (headwaters) of the Landsman
Kill, Saw Kill, Fallsburg Creek, Rhinebeck Kill, and Crumb Elbow Creek
as well as several tributaries that flow directly into the Hudson
River, helping to maintain stream flow and an unpolluted source for
surface water supplies.
(5)
Flood control. Wetlands store and slowly release floodwaters conveying
floodwater flows from upstream to downstream points, reducing stream
flows during periods of high water and maintaining base flows during
droughts. Natural upland buffer zones intercept, slow, and absorb
overland runoff, protecting floodplains, and providing for the gradual
release of floodwater flows within watersheds.
(6)
Sediment control. Wetlands function as settling basins for naturally
occurring sedimentation. Wetland vegetation binds soil particles and
retards the movement of sediment in slowly moving waters, thereby
helping maintain water quality.
(7)
Recreation. Wetlands and their adjacent buffer areas provide recreation
areas for hunting, fishing, boating, hiking, bird-watching, photography,
and other beneficial recreational uses.
(8)
Food chain support and nutrient cycling. Wetlands and streams supply
food and organic detritus that support fish and wildlife of adjacent
waters and they facilitate nutrient export to other habitats.
(9)
Wildlife habitat. Wetlands serve as nursery and sanctuary for freshwater
fish and they provide important nesting, breeding, feeding, migratory
cover, and wintering habitat for diverse amphibians, reptiles, fish
and other wildlife species, including species of conservation concern
such as those listed by New York State as endangered, threatened,
and special concern. The viability of scores of species depends upon
wetlands, including vernal pools and other water resources. Natural
buffer zones provide important and often critical travel corridors
and wetland-to-upland transitional habitats vital to the survival
of many wetland and stream-dependent species. Undisturbed natural
buffers are an irreplaceable habitat link in the life cycles of many
species. Stream buffers of at least 100 feet on both sides of a stream,
with sufficient undisturbed native vegetation, are critical for the
maintenance of viable trout and other fisheries.
(10)
Biodiversity. Wetlands are characterized by very high productivity
and support a significant biological diversity of species, including
many rare plants. More than 40% of the world's species are estimated
to inhabit freshwater wetlands. Native biological diversity is diminishing
in Rhinebeck and elsewhere at a pace that is of great concern to scientists
and others.
(11)
Turtles. The Hudson Valley, including the Town of Rhinebeck,
has one of the most diverse turtle populations in the country. Preservation
of healthy wetlands and natural buffer zone habitat is critical to
their survival.
(12)
Natural areas. Wetlands, streams and natural buffer areas preserve
natural open space and rural character; provide visual and aesthetic
relief from development and a sense of connection with the natural
world.
(13)
Education and research. Wetlands, streams and natural buffer
areas provide outdoor laboratories for research and living classrooms
for schoolchildren in hands-on environmental studies.
(14)
Ecosystem values. Ecosystem values were estimated in a 1997
peer-reviewed article in the Journal Nature to be as high as $7,924
($10,673 in 2009 dollars) per acre per year for wetlands and floodplains.
These factors are extremely important ones for Rhinebeck from an economic
as well as an ecological perspective.
(15)
Climate change mitigation. Wetlands have been estimated to store
as much as 40% of global terrestrial carbon. Destruction of wetland
areas causes the release of carbon dioxide, the gas that accounts
for a majority of the global warming effect.
E.
Wetland buffer zones provide benefits that are important to maintaining
a wetland's functional integrity by providing protection against
the impacts to the wetland from activities in adjacent upland areas.
It is the intent of the Town of Rhinebeck to ensure that activities
in and adjacent to wetlands do not unduly impact the public safety,
the natural environment or cause environmental degradation.
F.
Population growth in Rhinebeck along with its attendant economic
and recreational activities, has made and will continue to make new
and greater demands on water resources for boating, fishing, bathing
and water sports, and the lands adjacent thereto for access areas
and recreation. Uncontrolled development in and adjacent to wetlands
and streams has resulted in the filling in, diversion and destruction
of wetlands and watercourses, destroying aquatic habitats and lessening
supplies of water for multiple use purposes. The uncontrolled and
unnecessary interference with and disturbance of wetlands and streams
can create hazards to the health, safety and welfare of the Town's
residents, causing great economic loss by erosion of soil, increased
costs of water purification and treatment, flooding, the destruction
and failure of natural propagation of fish and aquatic resources and
the loss of water for domestic, municipal, agricultural, recreational
and other beneficial uses and purposes. The Town of Rhinebeck has
the responsibility to preserve, protect and conserve such resources
from destruction and damage and to promote the natural propagation
of associated biota.
G.
Runoff from land use development activities, also known as "non-point
source pollution," is the primary cause of water quality degradation.
Non-point source pollution results from the activities of the population
as a whole and is increased every time additional impervious surfaces
are constructed. Town regulations are needed to avoid the destructive
impacts of such activities, by protecting wetlands and their associated
natural buffers, thereby reducing the damage from water-polluting
and -degrading activities.
H.
The objectives of the Town of Rhinebeck Comprehensive Plan include
protecting the community's many resources for the future by enhancing
the natural beauty and rural quality of the community and protecting
environmentally sensitive areas and natural resources, waterways,
floodplains and wetlands. The Comprehensive Plan recommends that the
Town protect its unique physical attributes and natural resources.
I.
Article XIV of the New York State Constitution states "The policy
of the state shall be to conserve and protect its natural resources
and scenic beauty and encourage the development and improvement of
its agricultural lands for the production of food and other agricultural
products. The legislature, in implementing this policy, shall include
adequate provision for the abatement of air and water pollution and
of excessive and unnecessary noise, the protection of agricultural
lands, wetlands and shorelines, and the development and regulation
of water resources." New York State agencies such as the Department
of Environmental Conservation and the Department of State encourage
municipalities to preserve wetlands and open spaces, including the
adoption of local regulatory legislation. In the case of wetlands,
this responsibility can most effectively and efficiently be accomplished
by enactment of local legislation to preserve, protect, and conserve
wetlands and to develop a coordinated regulatory approach to accomplish
such tasks, which is currently lacking under federal and state regulatory
protection.
The Planning Board of the Town of Rhinebeck is hereby authorized to issue wetlands permits in accordance with the review and approval procedures found in §§ 120-9 and 120-10 of this chapter. The Planning Board shall be empowered to require the posting of bonds, as necessary, and to revoke or suspend a wetlands permit where lack of compliance is established.
Regulated areas protected under this chapter include the following:
A.
Freshwater wetlands as defined herein.
B.
Associated buffer areas as defined herein. In certain circumstances,
for the purposes of protecting water quality or wildlife habitats
based upon the findings of the wetland delineation, habitat assessment
report or other information ascertained during the wetlands permit
review process, the Planning Board may increase the minimum buffer
area. Examples include, but are not limited to, the following: watershed
protection, trout streams, steep eroding banks, or riparian habitat
for species of conservation concern.
A.
Prohibited acts. The following activities are prohibited within regulated
areas, except as otherwise noted, because of their potential to significantly
disrupt the ecological functioning of regulated areas:
(1)
Draining. The depletion of water, directly or indirectly, except for agricultural purposes as noted in Subsection C(7).
(2)
Discharging substances and materials that are toxic or otherwise
harmful to the biota and ecological functioning of regulated areas,
including, but not limited to:
(4)
Commercial soil mining activities.
(5)
The location of animal feed lots or pens, manure stockpiles or similar
animal storage areas.
B.
Regulated acts. Regulated acts are any activities that have the potential
to cause substantial adverse impacts in regulated areas. It shall
be unlawful to perform any of the following activities within regulated
areas without a wetlands permit from the Town of Rhinebeck:
(1)
Dredging or grading: the removal of soil, mud, sand, gravel, peat,
silt or other earth materials; alteration of natural drainage patterns;
diversion or alteration of any flow of a wetland.
(2)
Filling: placement of fill materials of any type, including but not limited to soil, gravel, sand, wood chips, stones, and solid waste except as noted in Subsection C(7) for agricultural purposes.
(a)
The dumping of biodegradable yard waste (including grass clippings) is prohibited within wetlands, but is a nonregulated act within buffer areas [see Subsection C(6)].
(b)
Sanitary sewage disposal systems: replacement of existing sanitary
sewage disposal systems on previously approved lots, or installation
of a new system for a previously approved lot where no other alternative
location is available.
(3)
Construction: all construction activities within associated buffer
areas, including but not limited to:
(a)
Placement of any impervious surface or new structure or facility,
including but not limited to gazebos, sheds, garages, swimming pools,
and additions to existing structures that enlarge the structure's
footprint.
(b)
Storage of construction materials, stockpiles, machinery or
equipment.
(c)
Construction or expansion of paved or unpaved public or private
roads or driveways or other pathways for motorized vehicles.
(d)
Installation of pipes, wells, service lines, conduits or cables.
(5)
Construction of stormwater management facilities, including detention/retention
basins and ponds.
(6)
The installation of a sanitary sewage disposal system for new construction [for replacement or repair of sanitary sewage disposal systems on previously approved lots see Subsection B(2)].
(7)
Docks, dams, and other water control devices, pilings or bridges,
whether or not they change the flow of the water.
(9)
Acts that affect hydrology: activities that result in direct or indirect
alteration of existing wetland hydrology, hydroperiod, or water flow,
including the following:
(a)
Operation and maintenance of existing dams and water control
devices involving the adjustment of water elevations over 18 inches
in height.
(b)
Displacement or destruction of beaver lodges and dams (where
beaver impoundments are impacting existing structures, roads or driveways)
which would result in negative impacts on the hydrology or biota of
regulated areas, except as lawfully permitted under Environmental
Conservation Law § 11-0505.
(10)
Wetland restoration projects, including removal of invasive
plant species and revegetation.
C.
Nonregulated acts. The following acts are considered nonregulated
acts that may proceed within regulated areas without a wetlands permit,
provided that they do not constitute a pollution or erosion hazard,
interfere with proper drainage or adversely affect reasonable water
use by others. Such nonregulated acts shall conform to the Town of
Rhinebeck Zoning Law[2] and all other applicable laws.
(1)
Normal maintenance of existing landscaped areas and residential gardens,
including existing lawn areas, and trimming and removal of dead or
diseased vegetation, including trees.
(2)
Ordinary maintenance and repair of existing structures, including
but not limited to sanitary sewage disposal systems, wells, bridges,
highways, streets, driveways, walkways, walls, docks, and fences which
do not involve expansion, restoration, or modification.
(3)
Maintenance of existing drainage channels where impedance of flow
may cause flooding or threaten public safety on highways or in dwellings
or other structures.
(4)
Operation and maintenance of existing dams and water control devices, excluding the adjustment of water elevations over 18 inches in height [see Subsection B(9)(a)].
(5)
Removal of vegetation as specified: removal of naturally occurring
vegetation within regulated areas for the following purposes, provided
that such actions do not impair the natural function(s) of a regulated
area:
(a)
Creation of nonpaved footpaths with a maximum width of three
feet.
(b)
Annual or periodic removal of trees to provide firewood for normal residential use, provided no mechanical equipment, other than hand-operated chainsaws and similar equipment, is used. This does not include removal of trees for commercial use or sale. Clear cutting is a prohibited act [see Subsection A(3)(a)].
(c)
Selective harvesting and sustained-yield forestry when conducted in accordance with a forest management plan prepared by a New York State Department of Environmental Conservation Cooperating Forester in accordance with New York State's Forestry Best Management Practices for Water Quality, Timber Harvesting Guidelines and Forest Road Construction Handbook. Landing areas and log haul roads are considered regulated acts subject to Subsection B(3)(c) of this section when located within a regulated area. The forest management plan shall be on file with the Town Code Enforcement Officer.
(6)
Biodegradable yard waste in buffers. The placement of biodegradable
yard waste typically associated with residential yard maintenance,
including grass clippings, within the associated buffer area only
(placement of these materials within a wetland is a regulated act).
(7)
Specified agricultural activities on agricultural lands. Activities
associated with commercial grazing and watering livestock, crop production
and making reasonable use of water resources on agricultural lands
as defined in the Town of Rhinebeck Zoning Law,[3] including:
(a)
Harvesting the natural products of wetlands.
(b)
Clear-cutting of vegetation, other than trees, for growing agricultural
products.
(c)
Constructing winter truck roads of less than five meters (approximately
16 feet) in width for removing trees cut in accordance with 6 NYCRR
663.2(c)(1)(iv), where such construction is limited to cutting vegetation
and compacting ice and does not alter water flows.
(d)
Operating motor vehicles for agricultural purposes.
(e)
Draining for growing agricultural products.
(f)
Erecting structures, including fences, required to enhance or
maintain the agricultural productivity of the land.
(g)
Using chemicals and fertilizers according to sound agricultural
practices, as defined by the New York State Agriculture and Markets
Law, in order to grow crops for human and animal consumption, in or
adjacent to wetlands, where authorized by other state, federal or
local laws, including application of stabilized sludge as fertilizer
when applied at agronomic loading rates in accordance with a valid
6 NYCRR Part 360 or Part 364 land spreading permit.
(h)
Otherwise engaging in the use of wetlands for growing agricultural
products such as crops, vegetables, fruits, or flowers.
(8)
Passive recreation: bird and wildlife observation, photography, boating,
hiking, swimming, camping, picnicking, hunting and fishing and other
similar outdoor activities, including the establishment of nonpaved
walking trails (excluding motorized vehicles) and individual recreational
moorings, where no substantial adverse effect is involved or the activity
is not otherwise prohibited.
(9)
Research: conducting educational and scientific research activities
where no substantial adverse effect is involved.
(10)
Public services: activities and uses essential to ensure adequate
police, fire, and rescue functions, including emergency road maintenance
undertaken by the Town of Rhinebeck, Dutchess County, State of New
York, any political subdivision or by an organization authorized by
contract with the Town to provide public services.
(11)
Installation of dry hydrants.
(12)
Any activity subject to the jurisdiction of DEC pursuant to
Article 24 of the New York State Environmental Conservation Law for
which a freshwater wetlands permit or other approval has been granted
by DEC and which is in compliance therewith.
(13)
Construction in the buffer area, accessory to an existing single-family
residence, an at-grade or above-grade structure or structures, totaling
in the aggregate no more than 400 square feet.
(14)
The establishment of an individual recreational mooring.
(15)
Paving or repaving an existing driveway.
D.
Unlisted acts. Any other activities not listed in Subsection A, B, or C herein that are not deemed to be harmful to regulated area biota, ecological functioning, or watershed functioning, and that do not impair any of the wetland functions or benefits as described in § 120-3 of this chapter, are considered "unlisted acts." For the regulatory status of unlisted acts, the Planning Board shall determine the necessity of obtaining a wetlands permit. In making such determination, the Planning Board shall consider to what extent the unlisted act is similar to the controlled acts classified as either prohibited, regulated or nonregulated and shall seek the advice of the Conservation Advisory Council (CAC),[4] which shall make its recommendations, if any, in writing
to the Planning Board within 30 days of receipt by the CAC.
A.
The lawful use of any land, building or structure or a part thereof,
as defined in the District Schedule of Use Regulations of the Town
of Rhinebeck Zoning Law (see Article III of the Zoning Law)[1] and existing at the time of adoption of this chapter may
be continued, although such use does not conform with the provisions
of this chapter, except as otherwise provided herein.
C.
Preexisting, nonconforming lots. A lot in existence on the effective
date of this chapter, which because of its size or configuration and
location relative to a regulated area does not allow for any permitted
use of the land (as defined in the District Schedule of Use Regulations
of the Town of Rhinebeck Zoning Law) due to strict adherence to the
standards contained herein may be eligible for a wetlands permit.
The Planning Board may consider waiver(s) from the standards in this
chapter, provided:
(1)
The lot complies with all the area and bulk regulations for the district
in which it lies.
(2)
The applicant can demonstrate the following:
(a)
To the maximum extent practicable, proposed structures are located
outside of a regulated area.
(b)
Stormwater management is developed, implemented and maintained
so that water quality impacts to regulated areas are minimized to
the greatest extent practicable, including short-term and long-term
impacts.
(c)
The use of native plant species appropriate for the revegetation
of disturbed regulated areas is required.
A.
Where the Planning Board, after consulting with the CAC, finds that
compliance with the standards herein would cause extraordinary difficulties
due to exceptional conditions of topography, access, location, shape,
or other physical features of the site, the minimum requirements of
these regulations may be waived in order to mitigate the difficulty,
provided that the public interest is protected, the wetlands permit
is in keeping with the general spirit and intent of these regulations
and full compliance with SEQR is still provided. Waivers shall be
considered upon specific request by an applicant by resolution of
the Planning Board.
B.
All applicant requests for waivers from the standards herein shall
be submitted in writing, shall be expressly set forth in the minutes
of the Board, shall be noted on the wetlands permit and shall include
the following:
D.
The Planning Board may, in granting waivers to the standards herein,
incorporate such reasonable conditions as will, in its judgment, substantially
secure the objectives of the requirements so waived.
E.
The Planning Board shall make a determination to approve or deny
a request for a waiver within 45 days of a request submitted by an
applicant.
A.
This chapter applies to the following:
(1)
Planning Board applications submitted on or after the effective date of this chapter and as identified in Subsection A(3).
(2)
Any subdivision applications which have received preliminary approval
before the effective date of this chapter shall be exempt from these
regulations for a period of three years from the date of the filing
of the approved plat at the Dutchess County Clerk's office.
(3)
Planning Board applications. For all subdivision, site plan and special
use permit applications filed with the Planning Board, the determination
of whether a Town wetlands permit shall be required will be made concurrently
during the application review process by the Planning Board.
(4)
Building permit applications. All building permit applications submitted
on or after the effective date of this chapter shall be required to
obtain a Town wetlands permit if the proposed project involves a regulated
act occurring within a regulated area.
(a)
All building permit applications will be subject to an initial
review of the following readily available data by the Code Enforcement
Officer, who may obtain the advice of the Town CAC and/or a wetlands
professional, paid for at the applicant's expense in accordance
with Article XIV of the Zoning Law:[1]
[1]
A copy of the previously recorded final plat in the Dutchess
County Clerk's office, including but not limited to restrictions,
notes or blocks recorded.
[2]
Hydric soils map from the Town's Natural Resource Inventory
mapping (see Town of Rhinebeck Comprehensive Plan).
[3]
Topographic features and streams from US Geological Survey topographic
maps or other available topographic mapping.
[4]
The Town of Rhinebeck Significant Habitat and Natural Resource
Inventory mapping (see Figure 7 in the Significant Habitat Study,
Appendix 6 to the Town of Rhinebeck Comprehensive Plan), the Town
of Rhinebeck Water Resources Overlay (WR-O) District map in the Zoning
Law, the New York State Department of Environmental Conservation Freshwater
Wetlands Maps, and the United States Fish and Wildlife Service National
Wetlands Inventory Wetlands maps.
[5]
Aerial photography.
[6]
New York State, Dutchess County and/or Town of Rhinebeck geographic
information system (GIS) mapping.
(b)
If a regulated area is not present, the application for a building
permit proceeds according to existing Town procedures.
(c)
If a regulated area(s) is identified, the Code Enforcement Officer,
in consultation with the CAC and/or a wetlands professional, will
determine if the proposed action requires a wetlands permit application
and shall refer the applicant to the Planning Board for wetlands permit
review and approval in accordance with this chapter.
B.
General procedures for wetlands permit applications.
(1)
Planning Board action on a wetlands permit application. The Planning
Board shall, in accordance with the procedures outlined herein, render
a decision to approve, approve with modifications, or deny the wetlands
permit application. In approving a wetlands permit application, the
Planning Board may impose such conditions or limitations as it deems
necessary to ensure compliance with the intent, purposes, and standards
of this chapter. The Planning Board shall state upon the record its
findings and conclusions for all actions taken. Prior to Planning
Board action, the wetlands permit application shall be referred to
the Conservation Advisory Council (CAC) for an advisory opinion. The
CAC shall render its advisory opinion within 30 days after its receipt
of the application referral by the Planning Board. Failure of the
CAC to render an advisory opinion within 30 days after its receipt
of the application shall be construed as no comment on an application.
(2)
Other Planning Board applications. wetlands permit applications considered
as part of a Planning Board review of subdivision, site plan, or special
use permit. The decision to approve, approve with modifications or
deny the wetlands permit shall be made at or before the decision on
a subdivision, site plan or special use permit application has been
granted by the Planning Board. Default approval of a subdivision application
shall not constitute a default approval of a wetlands permit.
(3)
For all building permit applications. The Planning Board shall, within
62 days of the filing of a complete wetlands permit application, render
a decision on the application unless extended by mutual agreement
between the Planning Board and applicant. An application will be deemed
complete when all information reasonably necessary to make a wetlands
permit decision has been submitted to the satisfaction of the Planning
Board.
(4)
Filing resolution. Following action by a concurring vote of a majority
of members of the Planning Board to approve, approve with modifications
or deny any wetlands permit application, a written resolution shall
be issued by the Planning Board Clerk to the applicant and filed with
the Town Clerk within 10 days of such action. Said resolution shall
include:
(a)
An assigned application number.
(b)
The name and address of the applicant.
(c)
The name and address of the property owner (if different from
the applicant).
(d)
The address and Tax Map designation of the property.
(e)
The date of the Planning Board action on the application.
(f)
All conditions placed on the regulated activity.
(g)
The expiration date of the wetlands permit.
(5)
Site visit(s). The Planning Board and its consultants shall be authorized
to conduct a site visit, whenever deemed necessary, for the purpose
of evaluating the wetlands permit application. Following issuance
of the wetlands permit, Article X of the Zoning Law shall apply to
inspection and enforcement of the terms and conditions of the wetlands
permit.[2]
(6)
Public hearing and notice. Upon receipt of a wetlands permit application,
the Planning Board, at its discretion, may call for a public hearing
on the wetlands permit application depending upon the importance of
the wetland and the scope of the requested action.
(a)
The Planning Board shall provide notice of the substance of
the application by certified mail, return receipt requested, and of
the public hearing to:
[1]
The applicant, at which hearing the applicant shall appear in
person or by agent.
[2]
The owners of the property abutting that held by the applicant
in the immediate area, whether or not involved in such application,
and all other owners within 300 feet, or such additional distance
as the Planning Board may deem advisable, from the exterior boundaries
of the land involved in such application, as the names of said owners
appear on the last-completed assessment roll of the Town.
(b)
The Board shall place a notice in the official Town newspaper
for publication of the notice therein at least five days prior to
the public hearing.
(c)
All costs incurred for publication and mailing of notices for
the public hearing shall be paid for by the applicant.
(7)
Expiration of permit.
(a)
A wetlands permit shall be valid for a period of two years for
those issued in conjunction with a building permit application, site
plan approval or special use permit approval.
(b)
A wetlands permit shall be valid for a period of three years
from the date of the filing of the final plat when issued in conjunction
with a subdivision application.
(c)
The validity of a wetlands permit may be extended beyond its
expiration by the Planning Board upon review of an application for
extension submitted at least 60 days before the expiration of the
wetlands permit. Standards for issuance of renewals shall be the same
as for the issuance of permits.
(d)
Upon completion of the work specified in the wetlands permit,
the applicant shall be responsible for contacting the Code Enforcement
Officer to verify that the wetlands permit conditions have been satisfactorily
completed. The Building Department shall not issue a certificate of
occupancy until satisfaction of the wetlands permit has been deemed
complete.
(8)
Inspections. Work being conducted pursuant to a wetlands permit shall
be open to inspection at any reasonable time, including weekends and
holidays, by the Town Engineer, members of the Planning Board, Conservation
Advisory Council or their designated representatives in accordance
with the specifications of Article X of the Zoning Law.[3] If necessary, the applicant shall reimburse the Town for
the costs of such inspection when incurred by outside consultants
hired by the Planning Board for this purpose.
(9)
Other permits. Conformance with this chapter does not eliminate the
necessity for an applicant to obtain the approval or permits required
by any other agencies, including but not limited to the New York State
Department of Environmental Conservation (DEC) or United States Army
Corps of Engineers, prior to activities authorized by the wetlands
permit. Obtaining such approval or permits is the sole responsibility
of the applicant. An applicant for a freshwater wetlands permit from
the DEC shall submit a complete copy of the state permit application
to the Planning Board. The Planning Board shall submit its recommendation
on a freshwater wetlands permit application, deemed to be a "major
project" under the Uniform Procedures Act, to the DEC within 60 days
of the DEC determination that the state application is "complete."
The Planning Board shall submit its recommendation on a freshwater
wetlands permit application, deemed to be a "minor project" under
the Uniform Procedures Act, to the DEC within 30 days of the DEC determination
that the state application is "complete."
(10)
Fees. Fees for wetlands permit applications are listed in the Town's Fee Schedule (See § A126-1 of the Town Code) as amended by the Town Board from time to time.
(11)
Reimbursement for professional consulting services. The Planning
Board, in the review of a wetlands permit application, may refer such
application to such environmental, planning, engineering, or other
technical or legal consultants as deemed reasonably necessary by the
Planning Board to enable it to review such application as required
by law, with all consultant fees to be paid by the applicant. At the
beginning of the review process, the Planning Board may require the
applicant to fund an escrow account as outlined in Article XIV of
the Zoning Law,[4] from which the Town may draw, to ensure reimbursement
of consultant fees.
C.
Submission requirements.
(1)
Conflict. Where there is a conflict between the submission requirements
for site plan, special use permit or subdivision plat approval and
the submission requirements of this chapter, the more stringent regulation
shall apply.
(2)
General application contents. An application for a wetlands permit
shall be filed with the Clerk of the Planning Board, at least 21 days
prior to the regular meeting of the Planning Board, whether made in
conjunction with subdivision, site plan, special use permit applications
or upon referral by the Town Code Enforcement Officer and shall contain
the following information:
(a)
Name, post office address and telephone number of owner and
applicant.
(b)
Street address and Tax Map designation of property covered by
the application.
(c)
Statement with consent from owner for any agent making application.
(d)
Statement of proposed work and purpose thereof.
(e)
Owner's permission to allow visits to the parcel by Town
authorities as designated herein.
(f)
Short or full environmental assessment form under SEQR.
(g)
Plans for the proposed regulated activities shall be submitted,
unless otherwise specified by the Planning Board, based upon project
size, configuration, and proximity to regulated areas, drawn to a
scale of not less than one inch equals 30 feet. The plans shall be
certified by an engineer, architect, land surveyor or landscape architect
licensed by the State of New York. Plans shall show the following:
[1]
Delineation of all wetlands by a qualified professional ecologist,
botanist and/or soil scientist no earlier than 12 months prior to
the date of filing the application. Delineations shall be conducted
in accordance with the Wetland Delineation Manual, as referenced herein.
The delineation may require verification by a third-party professional
ecologist, botanist or soil scientist qualified to conduct such delineations.
The date(s) of the wetland delineation and the name of the qualified
professional shall be clearly identified on the plans. The Town may
require redelineation of any wetland, in cases where original delineations
were conducted outside the normal growing season, on sites where wetland
vegetation has been removed so that species identification is impossible
or not recognizable, or when specific site conditions warrant additional
examination.
[2]
Location of all wetlands and other water bodies within 500 feet
of the subject property, and their hydrologic connection to water
bodies on site. This shall be based on existing aerial photography,
soils or topographic maps. Delineation is not required to illustrate
any wetlands located off the parcel.
[3]
All areas of construction disturbance and post-construction
impervious surfaces, and their relationship to property lines, buildings,
roads and water bodies within 250 feet.
[4]
Location of any well and depth thereof (if available) and any
sewage or wastewater disposal system within 100 feet of the disturbed
area.
[5]
Existing and adjusted contours at two-foot intervals in the
proposed disturbed area and to a distance of 100 feet beyond.
[6]
Locations and details of any existing and proposed stormwater
management facilities, including point discharges, detention basins,
and erosion controls, and schedules for the maintenance of such facilities.
[7]
Where creation of a lake or pond or alteration of a wetland
is proposed, details of the construction of any dams, embankments
and outlets or other water control devices.
[8]
A property location map at a scale not less than one inch equals
2,000 feet.
(3)
Additional application information.
(a)
Water flow. Applications affecting the water retention capacity,
water flow or other drainage characteristics of any wetland shall
include a statement, prepared by a professional engineer licensed
in the State of New York, of the impact of the project on upstream
and downstream areas considering drought and rainfall conditions.
(b)
Stormwater management areas. In some instances, stormwater management
practices and facilities may negatively impact wetlands. Even the
most optimally designed and maintained stormwater facilities do not
remove all pollutants. Every effort shall be made to ensure that water
quality will not be degraded and that hydroperiod and stream flow
are not affected. A pollutant load analysis which compares the pollutant
load for both pre- and post-development for individual pollutants
shall be completed as part of the stormwater pollution prevention
plan, if required. At a minimum, this analysis shall be conducted
for each of the following common stormwater runoff contaminants: total
suspended solids, total phosphorus, total nitrogen (including nitrates
and nitrites), fecal coliforms, and chlorides (road salt). The Town
reserves the right to require the analysis of additional pollutants
identified in the NYS DEC Stormwater Management Design Manual and
which is referenced herein (2003 and as amended from time to time),
depending on specific site and project conditions. The applicant may
use the Simple Method (Scheuler, T. 1987, Metropolitan Washington
Council of Governments, Washington, D.C.) described in Controlling
Urban Runoff: A Practical Manual for Planning and Designing Urban
BMPs, or a comparable professionally accepted method, but the same
method shall be used for all calculations.
(c)
Copies of all applicable Town, county, state or federal permits
or permit applications which are required for such work or improvement.
(d)
The Planning Board, in consultation with its consultants, including
the Conservation Advisory Council, may require the following additional
information based on the size, scope, or location of the project and
as necessary for proper review of the application:
[1]
Description of the vegetative cover of the regulated area.
[2]
Description of potential impacts to wetland hydroperiod or to
stream flow.
[3]
Groundwater table elevations indicating depth to groundwater,
direction of groundwater flow and hydrologic connections with surface
water features.
[5]
A completed vernal pool assessment sheet (available from the
Planning Board Secretary) and depiction of the recommended vernal
pool critical terrestrial habitat area on the site map. Refer to the
specific instructions and methods described in Best Development Practices.
[6]
Other details as may be determined necessary by the Planning
Board. The Planning Board shall notify the applicant within 30 days
of receipt of an application if such additional information is necessary.
(4)
Submission information waivers. Prior to making a formal submission
to the Planning Board, applicants are encouraged to request a preapplication
meeting with the Planning Board to review the submission requirements
for their wetlands permit application. The Planning Board will consider
waiver(s) from the submission requirements set forth below.
(a)
All submission waivers shall be submitted in writing to the
Planning Board, shall be rendered within 45 days of their request
by an applicant, and shall be expressly set forth in the minutes of
the Board.
(b)
In making a determination regarding waivers, the Planning Board,
after consulting the CAC, will take into consideration the nature
of the proposed action, including but not limited to the size, scale,
extent of regulated area affected and the specific activity requiring
the wetlands permit.
A.
Considerations. In approving, approving with modifications, or denying
any wetlands permit application, the Planning Board shall consider
the following:
(1)
All evidence offered at or before any public hearing.
(2)
All reports from federal, state or Town agencies and other municipal
boards.
(3)
Habitat assessment as described in Article V, § 125-59, of the Zoning Law, including advice of the CAC.
(4)
Avoidance of impacts to regulated areas by keeping regulated acts
outside regulated areas, shall be considered the highest priority.
Regulated acts that can be located outside regulated areas shall be
so located.
(5)
If avoidance of impacts is not possible, then mitigation for impacts
on regulated areas is required as determined during the Planning Board's
SEQR review process. The Planning Board shall review and approve the
mitigation plan for a regulated area. The plan shall be prepared and
approved as part of the wetlands permit application process. It shall
include an assessment of specific impacts, regulated area functions
to be replaced or restored, criteria for determining mitigation success
and a monitoring plan that extends over at least two growing seasons.
Mitigation plans are subject to modification based on Planning Board
review and comment as part of the SEQR review process.
(6)
Additional requested information reasonably necessary to made a decision
on the wetlands permit.
(7)
All relevant facts and circumstances, including but not limited to
the following:
(a)
The environmental impacts of the proposed action, specifically
including, but not limited to: cumulative impacts, watershed impacts,
habitat impacts, and impacts on species of conservation concern.
(b)
The alternatives to the proposed action available if no other
is physically or economically feasible. This does not mean that the
most profitable or least costly alternative is the only feasible one
nor that the least profitable or most costly alternative is the only
feasible one.
(c)
Irreversible and irretrievable commitments of resources involved
in the proposed activity.
(d)
The character and degree of injury to or interference with safety,
health or the reasonable use of property which is impacted or threatened.
(e)
The suitability or unsuitability of such activity to the area
for which it is proposed.
(f)
The effect of the proposed activity with reference to the protection
or enhancement of the functions of wetlands and the benefits they
provide, which are set forth herein.
(g)
The use of chemicals and fertilizers according to normally accepted
agricultural practices on agricultural lands.
(h)
The possibility of further avoiding adverse impacts to the wetlands'
natural capacity to support desirable biological life by application
of recommended management guidelines to vernal pool critical terrestrial
habitat, based on pool quality and specific site conditions. All applicants
are encouraged to protect as much of the critical terrestrial habitat
as possible, including consideration for inclusion within land protection
agreements in accordance with Best Development Practices' recommended
management guidelines (copies available from the Planning Board Secretary).
(8)
The availability of preferable alternative locations on the subject
parcel or, in the case of activity of sufficient magnitude, the availability
of other reasonable locations.
(a)
The availability of further technical improvements or safeguards
which could feasibly be added to the plan or action.
(b)
The possibility of further avoiding adverse impacts to wetland
functions, including, but not limited to: the wetlands' natural
capacity to support desirable biological life, prevent flooding, supply
water, control sedimentation and/or prevent erosion, assimilate wastes,
facilitate drainage and provide recreation and open space.
(c)
Avoidance of adverse impacts to the water quality and temperature
of trout streams, taking into consideration the existing conditions
of the associated buffer area, including slope, soils and vegetation.
(d)
The extent to which the exercise of property rights and the
public benefit derived from such use may or may not outweigh or justify
the possible degradation of the wetland, the interference with the
exercise of other property rights and the impairment or endangerment
of public health, safety or welfare.
(9)
Findings. No wetlands permit shall be issued pursuant to this chapter
unless the Planning Board shall find that:
(a)
The proposed regulated activity is consistent with the intent
and purposes of this chapter to preserve, protect and conserve wetlands
and the benefits they provide, to prevent their despoliation and destruction,
and to regulate the development of such areas in order to secure their
natural benefits consistent with the general welfare and beneficial
economic, social and agricultural development of the Town.
(c)
The proposed regulated activity is compatible with the public
health, safety and welfare.
(d)
The proposed regulated activity minimizes degradation to or
loss of any part of the wetland or its associated buffer and minimizes
adverse impacts to the greatest extent practicable on the functions
and benefits which said areas provide.
Any decision of the Town made pursuant to or within the scope
of this chapter may be reviewed at the instance of any person aggrieved
by the action in accordance with Article 78 of the State Civil Practice
Law and Rules, provided that such review is commenced within 30 days
of the filing of such decision or order in the office of the Town
Clerk.
A.
Whenever the Planning Board has reasonable grounds to believe that
the applicant or property owner has not complied with any or all of
the terms of this chapter, has failed to undertake a project in the
manner set forth in a wetlands permit, has violated any condition
attached by the approval authority in a wetlands permit issued pursuant
to this chapter or has exceeded the authority granted in a wetlands
permit issued pursuant to this chapter, the Planning Board shall promptly
refer the matter to the Code Enforcement Officer, who shall notify
the landowner or responsible person and issue a written notice to
remedy and post a stop-work order in accordance with Article X of
the Zoning Law.[1] The Code Enforcement Officer shall file a copy of such
notice and order with the Planning Board, the Conservation Advisory
Council, the Town Board and the Town Clerk.
B.
The Code Enforcement Officer is hereby authorized to enforce the provisions of this chapter, including conditions of wetlands permit approval, to issue stop-work orders pursuant to Article X, § 125-108, of the Zoning Law, and, pursuant to Criminal Procedure Law § 150.10, to issue appearance tickets requiring appearance in the Town of Rhinebeck Justice Court. A copy of the appearance ticket shall be filed with the Planning Board.
C.
The Town of Rhinebeck is specifically empowered to seek injunctive
relief in a court of competent jurisdiction to restrain any violation
or threatened violation of this chapter or any condition attached
by the approval authority to a wetlands permit and/or to compel the
restoration of the affected regulated area, within a reasonable time
and under the supervision of the Planning Board or professional wetland
specialist specifically authorized by the Planning Board, to its condition
prior to violation of the provisions of this chapter or any condition
attached by the approval authority in a wetlands permit issued pursuant
to this chapter. If the Town is successful in obtaining preliminary
and/or permanent injunctive relief, it shall be entitled to an award
by the court of its reasonable attorneys' fees.
D.
Any person convicted of having violated any provision of this chapter,
or any condition attached by the approval authority in a wetlands
permit issued pursuant to this chapter, shall, for the first offense,
be punished by a fine of not less than $500 but not more than $1,000.
For each subsequent offense, such person shall be punished by a fine
of not less than $1,000, but not more than $5,000. Each consecutive
day of violation shall constitute a separate and distinct offense.
E.
The foregoing provisions for enforcement of the regulations in this
chapter are not exclusive, but are in addition to any and all remedies
available to the Town at law or in equity.
Where the standards and management requirements of this chapter
are in conflict with other land use development regulations, and policies
regarding streams, steep slopes, clearing and grading, erodible soils,
wetlands, floodplains, timber harvesting, land disturbance activities,
or other environmental protective measures, the more restrictive standards
and requirements shall apply.
The invalidity of any word, section, clause, paragraph, sentence,
part or provision of this chapter shall not affect the validity of
any other part of this chapter which can be given effect within such
part or parts.
A.
References. The following documents are referenced in this chapter.
Dates refer to the publications in effect at the time of adoption.
The Town of Rhinebeck maintains and applicants are responsible for
obtaining the most current version of the cited publication:
(1)
United States Army Corps of Engineers Wetland Delineation Manual
(1987), herein referred to as the "Wetland Delineation Manual."
(2)
Best Development Practices: Conserving Pool-Breeding Amphibians in
Residential and Commercial Developments in the Northeastern United
States, herein referred to as "Best Development Practices."
(3)
WCS/MCA
Technical Paper No. 5; by Aram J. K. Calhoun and Michael W. Klemens,
MCA, 2002, herein referred to as "Calhoun and Klemens."
(4)
New York State Forestry, Best Management Practices for Water Quality,
BMP Field Guide, NYSDEC, January 2000.
(5)
Timber Harvesting Guidelines (1975); NYSDEC.
(6)
Forest Road Construction Handbook (1973); NYSDEC.
(7)
Stormwater Management Design Manual (2003); NYSDEC.
(8)
Town of Rhinebeck Comprehensive Plan, including the Significant Habitats
Study in Appendix 6 of such plan.
B.
ALTER
AQUIFER
ASSOCIATED BUFFER
BIODIVERSITY
BOUNDARY OF A WETLAND
CLEAR-CUTTING
CONSERVATION ADVISORY COUNCIL
DAMS AND WATER CONTROL MEASURES AND DEVICES
DEPOSIT
DISCHARGE
DOMINANT(S) or DOMINANCE
DRAIN
DREDGE
ECOLOGIST/BIOLOGIST
ECOLOGIST/BOTANIST
EXCAVATE
FACULTATIVE SPECIES
FLAGGING
FRESHWATER WETLAND
HYDRIC SOIL
HYDROPERIOD
LAND PROTECTION AGREEMENT
MATERIAL
MITIGATION PLAN
OBLIGATE UPLAND SPECIES
OBLIGATE WETLAND SPECIES
PERMIT, WETLANDS
POLLUTION
REGULATED ACTIVITY
REMOVE
SOIL SCIENTIST
STATE FRESHWATER WETLANDS
STORMWATER MANAGEMENT AREA
STRUCTURE
VERNAL POOL
WATER BODY
WATERSHED
WETLAND DELINEATION
WETLAND; FRESHWATER WETLAND
(1)
(a)
(b)
(c)
(2)
Definitions and word usage. As used in this chapter, the following
terms shall have the meanings indicated:
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.
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.
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 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.
The outer limit of a regulated area characterized by wetland
soils, wetland hydrology, and wetland vegetation as defined herein
under "wetland/freshwater wetland."
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.
The duly appointed Conservation Advisory Council of the Town
of Rhinebeck.
Barriers which regulate or obstruct the flow of water or
raise, lower or maintain the level of water in ponds, lakes, natural
drainage systems and wetlands.
The act of filling, grading, discharging, emitting, dumping,
or the placement of any material, but not including stormwater.
The emission of any water, substance or material into a wetland
or its associated buffer, whether or not such substance causes pollution.
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.
To deplete or empty of water by drawing off by degrees or
in increments.
To excavate or remove sediment, sand, soil, mud, shells,
gravel or other aggregate from a wetland or watercourse.
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.
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.
To dig out, move, or remove any material either by hand or
machine.
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.
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.
See "wetland/freshwater wetland."
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.
The seasonal pattern of water level fluctuations in a wetland.
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.
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.
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.
Plant species that, under natural conditions, always occur
in uplands (i.e., 99% of the time).
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."
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.
Those activities to be conducted in wetlands and associated
buffers that require a wetlands permit from the Town Planning Board.
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or regrade or the act thereof.
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.
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.
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.
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.
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.
Any natural or artificial pond, lake, reservoir or other
surface water area which usually or intermittently contains water
and which has a discernible shoreline.
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 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.
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:
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.
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.
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.
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.
