Pursuant to § 24-0501 of the New York
State Freshwater Wetlands Act (Article 24 of the New York Environmental
Conservation Law), the Town of Greece shall fully undertake and exercise
its regulatory authority with regard to activities subject to regulation
under the Act in freshwater wetlands as shown on the Freshwater Wetlands
Map, as such map may from time to time be amended, filed by the Department
of Environmental Conservation pursuant to the Act, and in all areas
adjacent to any such freshwater wetland up to 100 feet from the boundary
of such wetland. Such regulatory authority shall be undertaken and
exercised in accordance with all of the procedures, concepts and definitions
set forth in Article 24 of the New York Environmental Conservation
Law and Title 23 of Article 71 of such law relating to the enforcement
of Article 24, as such law may from time to time be amended, with
the following exceptions, additions and modifications [§ 24-0501,
Subdivision 3, provides for a specification of any exceptions, additions
and modifications to the procedures of Article 24. Please read the
Department's August 6, 1976, "Criteria for Reviewing Local Freshwater
Wetlands Protection Ordinances and Laws Pursuant to the Freshwater
Wetlands Act (Article 24 of the New York Environmental Conservation
Law)" prior to making any exception, addition or modification to the
provisions of Article 24].
This chapter, adopted on the date set forth
above, shall take effect upon the filing of the final Freshwater Wetlands
Map applicable to any or all lands within the Town of Greece with
the Clerk of the Town of Greece by the New York State Department of
Environmental Conservation, pursuant to § 24-0301 of the
Freshwater Wetlands Act.
The following are rules and regulations for
the implementation of this chapter, which rules and regulations have
been adopted pursuant to appropriate public notice and public hearing.
The following terms, phrases, words and their
derivatives shall have the meanings given herein:
ADJACENT AREA
All lands within 100 feet, horizontally, of the vegetative
boundary of any freshwater wetland.
ALTER
Any form of draining, dredging, excavating or removing soil,
mud, sand, shells, gravel or other aggregate, or any form of dumping,
filling or depositing of any soil, stones, sand, gravel, mud, rubbish
or fill of any kind, either directly or indirectly; erecting any structures
or roads, driving any pilings or placing any other obstructions, whether
or not changing the ebb and flow of the water; any form of pollution;
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 § 24-0105 of the New York State Environmental
Conservation Law.
APPLICANT
Any person who files an application for any permit issued
by the Town pursuant to this chapter, and shall include the agent
of the owner or a contract vendee.
FRESHWATER WETLANDS
Lands and waters of the Town, as shown on a freshwater wetlands
map prepared by the Town of Greece and filed with the Town Clerk,
or County Clerk where applicable, which contain any or all of the
following, as such map may from time to time be amended by the Department
of Environmental Conservation pursuant to the Act:
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 rubum), 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), bulrushes
(Scirpus species), arrow arum (Peltandra virginica), arrowheads (Sagittaria
species), reed (Phragmites communis), wild rice (Zizania aquatica),
bur reeds (Sparganium species), purple loosestrife (Lythrum salicaria),
swamp loosestrife (Decodon 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 arundinacea), 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 (Sarrancenia
purpurea) and cranberries (Vaccinium macrocarpon and Vaccinium oxycoccos).
(8)
Submergent vegetation, including, among others,
pondweeds (Potamogeton species), naiads (Naias species), bladderworts
(Ultricularia 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 above and dead vegetation as set forth in Subsection
B above, 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 the areas set forth in Subsection
C.
PARTY IN INTEREST
Any person who files an application or objection pursuant
to this chapter.
PERMIT
That form of Town approval required by this chapter for the
carrying on of a regulated activity.
PERSON
Any corporation, firm, partnership, association, trust, estate,
one or more individuals and any unit.
POLLUTION
The presence in the environment of man-induced conditions
or contaminants in quantities or characteristics which are injurious
to humans, vegetation, wildlife or property.
PROJECT
Any action resulting in direct or indirect physical impact
on a freshwater wetland, including but not limited to any regulated
activity.
REGULATED ACTIVITY
Any activity within a freshwater wetland or adjacent area
which, directly or indirectly, may substantially alter or impair the
natural condition of any freshwater wetland, including any form of
pollution, including but not limited to installing a septic tank,
running a sewer outfall and discharging sewage treatment effluent
or other liquid wastes into, or so as to drain into, a freshwater
wetland, and any other activity which substantially impairs any of
the several functions served by freshwater wetlands or the benefits
derived therefrom.
All ordinances and local laws or parts of ordinances
and local laws in conflict herewith are preempted by this chapter.
If any portion of this chapter shall be interpreted as less restrictive,
except for the procedural provisions herein, than the Freshwater Wetlands
Act or the appropriate regulations therein as provided in the New
York State Environmental Conservation Law, the more restrictive provisions
shall be incorporated herein and shall be controlling.