Words or phrases used in this chapter shall be interpreted as defined below, and, where ambiguity exists, words or phrases shall be interpreted so as to give this chapter its most reasonable application in carrying out the regulatory goals stated in §
245-1:
ADMINISTRATIVE PERMIT
A permit issued by the Superintendent of Public Works/Village Engineer, as the designated approval authority, for activities in wetlands which are limited in scope and limited in potential impact on such areas as determined by this chapter with regard to applications concerning activities listed in §
245-4 of this chapter.
[Amended 10-27-2020 by L.L. No. 9-2020]
AGRICULTURAL ACTIVITY
The activity of an individual farmer or other landowner in
grazing and watering livestock other than horses; making reasonable
use of water resources for agricultural purposes; harvesting the natural
products of wetlands, excluding peat mining and timber harvesting;
and selective cutting of trees. Agricultural activity does not mean
clear-cutting of trees; filling or deposition of soil; mining; or
draining for growing agricultural products or for other purposes.
APPLICANT
Any individual, firm, partnership, association, corporation,
company, organization or other legal entity of any kind who requests
the approval authority to issue a permit.
APPROVAL AUTHORITY
The administrative board or public official empowered to
grant or deny permits under this chapter, to require the posting of
bonds as necessary and to revoke or suspend a permit where lack of
compliance with the permit is established. The approval authority
shall be:
A.
The Planning Board, for any wetlands activity requiring a permit as specified in §
245-4B of this chapter. For any regulated activity for which other approvals by the Village Board or the Planning Board are necessary, such as subdivision or site plan approval, and for all activities proposed for state-designated wetlands, the approval authority under this chapter shall be the Planning Board, notwithstanding that the type of activity may otherwise fall within the scope of an administrative permit.
B.
The Superintendent of Public Works/Village Engineer of the Village of Rye Brook for any wetlands activity requiring an administrative permit as specified in §
245-4C of this chapter, except where such activity is proposed for state-designated wetlands or where the approval authority is the Planning Board.
[Amended 10-27-2020 by L.L. No. 9-2020]
BOUNDARY OF A WETLAND
The outer limit of the soils and/or vegetation as defined
under "wetland/freshwater wetland."
CLEAR-CUTTING
Any cutting of more than 30% of trees six inches or more
in diameter at breast height (DBH) over any ten-year cutting cycle
as determined on the basis of wetland area per lot or group of lots
under common ownership, including any cutting of trees which results
in the total removal of one or more naturally occurring species, whether
or not the cut meets or exceeds the 30% threshold.
CODE ENFORCEMENT OFFICER
The public official empowered by the Village of Rye Brook
Board of Trustees to enforce the provisions of this chapter.
COMMISSIONER
The Commissioner of the Department of Environmental Conservation
of the State of New York.
CREATION
To construct a new wetland, including but not limited to
excavating and/or flooding land not previously occupied by a wetland.
DATE OF RECEIPT OF APPLICATION BY APPROVAL AUTHORITY
When the approval authority is the Planning Board, an application
shall be deemed received by the approval authority on the date of
the first regular meeting of the approval authority following the
filing of the application and supporting plans pursuant to the provisions
of this chapter. When the approval authority is the Superintendent
of Public Works/Village Engineer, the date of receipt shall be the
date that a complete application is filed with the Superintendent
of Public Works/Village Engineer pursuant to the provisions of this
chapter.
[Amended 3-22-2005 by L.L. No. 5-2005; 10-27-2020 by L.L. No.
9-2020]
DEPOSIT
To fill, grade, discharge, emit, dump or place any material.
DIAMETER AT BREAST HEIGHT
Measurement of the width (diameter) of the trunk of a tree
to the outside bark at breast height. Breast height is defined as
4.5 feet (1.37 m) above the woodland floor on the uphill side of the
tree. For the purposes of determining breast height, the forest floor
includes the duff layer that may be present but does not include unincorporated
woody debris that may rise above the ground line.
DISCHARGE
The emission of any water, substance or material into a wetland
or wetland/watercourse buffer whether or not such substance causes
pollution.
DOMINANT(S) OR DOMINANCE
A dominant species is either the predominant 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).
Dominant species are considered to be those with 20% or more areal
coverage in the plant community. The measures of spatial extent are
percent areal 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
discernible or measurable in the field.
DRAIN
To deplete or empty of water by drawing off by degrees or
in increments.
DREDGE
To excavate or remove sediment, soil, mud, sand, shells,
gravel or other aggregate.
ECOLOGIST/BOTANIST
A person having special knowledge of the 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 disturb, dig out or remove any material from a wetland,
watercourse or wetland/water course buffer.
FACULTATIVE SPECIES
Vegetative species that can occur in both upland and wetland
systems. There are three subcategories of species: facultative wetland,
straight facultative, and facultative upland. Under natural conditions,
a facultative wetland species is usually (estimated probability of
67% to 99%) found in wetlands but occasionally in uplands; a straight
facultative species has a similar likelihood (estimated probability
of 34% to 66%) of occurring in both wetlands and uplands; and a facultative
upland species is usually (estimated probability of 67% to 99%) found
in uplands but occasionally in wetlands.
FERROUS IRON
The reduced form of iron found in waterlogged soils.
FRESHWATER WETLANDS AND WATERCOURSES MAP
The Wetlands and Watercourses Map of the Village of Rye Brook,
adopted by the Village Board, pursuant to this chapter, or such map
as has been amended or adjusted, and on which are indicated the approximate
boundaries of the known wetlands, watercourses and wetland/watercourse
buffers defined pursuant to this chapter. Areas not indicated as being
a wetland, watercourse or wetland/watercourse buffer may contain wetlands,
watercourses and wetland/watercourse buffers defined and regulated
by this chapter. The Village of Rye Brook Wetlands and Watercourses
Map is intended to provide only general guidance in locating and determining
those areas which constitute wetlands and watercourses and their related
buffers, as defined in this chapter.
GRADING
To adjust the degree of inclination of the contours of the
land, including leveling, smoothing and other modification of the
natural land surface.
GROWING SEASON
The portion of the year when soil temperatures are above
biologic zero (5° C.). The growing season for Westchester County
is March through October.
HISTOSOLS/ORGANIC SOILS
A taxonomic order composed of organic soils (mostly peats
and mucks) that have organic materials in over half the upper 32 inches
unless the depth to rock or to fragmented rock materials is less than
32 inches (a rare condition) or the bulk density is very low, and
as further defined under "wetland/freshwater wetland."
HYDRIC SOIL
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part
and as further defined under "wetland/freshwater wetland."
HYDROPHYTIC VEGETATION
Macrophytic plant life growing in water, soil or substrate
that is at least periodically deficient in oxygen as a result of excessive
water content.
LONG DURATION
A duration class referring to flooding or inundation in which
inundation for a single event ranges from seven days to one month.
MATERIAL
Liquid, solid or gaseous substances, including but not limited
to soil, silt, gravel, rock, water, clay, peat, mud, debris and refuse;
any organic or inorganic compound, chemical agent or matter; sewage
sludge or effluent; or industrial or municipal solid waste.
MICROSITE
A small site supporting facultative or obligate vegetation
anomalous within the context of the larger vegetative unit. Microsites
may be drier or wetter than surrounding areas as a result of altered
drainage, incidental topographic variation or a related characteristic.
MINERAL SOIL
A soil consisting predominantly of, and having its properties
determined predominantly by, mineral matter. Mineral soils usually
contain less than 20% organic matter by weight.
MITIGATION PLAN
The plan prepared by the applicant pursuant to §
245-9 of this chapter, wherein the applicant shall demonstrate that either losses or impacts to the wetland, watercourse or wetland/watercourse buffer are necessary and unavoidable, as defined in §
245-8D of this chapter, and have been minimized to the maximum extent practicable.
MUNSELL SOIL COLOR CHARTS
A soil color designation system produced by the Kollmorgen
Corporation, 1992, or as amended or updated from time to time, that
specifies the relative degree of the three simple variables of color:
hue, value, and chroma.
OBLIGATE UPLAND SPECIES
Plant species that, under natural conditions, almost always
occur in uplands (i.e., greater than 99% of the time).
OBLIGATE WETLAND SPECIES
Plant species that, under natural conditions, almost always
occur in wetlands (i.e., greater than 99% of the time).
PERMIT
That form of written authorization by the designated approval
authority as required by this chapter for the conduct of a regulated
activity within a wetland or wetland/watercourse buffer. A permit
will include a wetland permit issued by the Planning Board in accordance
with this chapter or an administrative permit issued by the Superintendent
of Public Works/Village Engineer in accordance with this chapter.
[Amended 3-22-2005 by L.L. No. 5-2005; 10-27-2020 by L.L. No.
9-2020]
PHYSICALLY COMPLETED
The actual completion of construction activities related
to an activity, including filling, erection of structures or other
improvement or development activities.
POLLUTION
Any harmful thermal effect or the contamination or rendering
unclean or impure of any wetland or waters by reason of erosion or
by any waste or other materials discharged or deposited therein.
PROJECT
Any proposed or ongoing action which may result in direct
or indirect physical or chemical impact on a wetland, including but
not limited to any regulated activity.
REMOVE
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or grade, or the act thereof.
RENDERING UNCLEAN OR IMPURE
Any alteration of the physical, chemical or biological properties
of any wetland or waters, including but not limited to change in odor,
color, turbidity or taste.
RESTORATION
To reclaim a disturbed or degraded wetland by bringing back
one or more functions that have been partially or completely lost.
SELECTIVE CUTTING
My cutting of trees within the boundaries of a wetland or
wetland/watercourse buffer that is not "clear-cutting," as defined
in this section.
SOIL SCIENTIST
A person having special knowledge 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 ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
The law pursuant to Article 8 of the New York Environmental
Conservation Law providing for environmental quality review of actions
which may have a significant effect on the environment.
STRUCTURE
Anything constructed or erected, as defined in Chapter
250, Zoning, of the Code of the Village of Rye Brook, for which a building permit is required for construction.
SUBDIVISION
Any subdivision of land into two or more lots, plots, blocks,
parcels or sites, with or without the intervention of existing streets
or the creation of new streets, and including resubdivision.
VERY LONG DURATION
A duration class referring to flooding or inundation in which
inundation for a single event is greater than one month.
VILLAGE ENGINEER
Any person employed by the Village of Rye Brook as the Village
Engineer or Engineering Consultant.
WATER TABLE
The zone of saturation at the highest average depth during
the wettest season.
WATERCOURSE
Any natural or artificial, intermittent, seasonal or permanent,
public or private water body or waterway that is contained within,
flows through or borders on the Village of Rye Brook.
WETLAND/FRESHWATER WETLAND
Any area which meets one or more of the following criteria:
A.
Lands and waters that meet the definition provided
in § 24-0107.1 of the New York State Freshwater Wetlands
Act (Article 24 and Title 23 of Article 72 of the Environmental Conservation
Law) and have an area of at least 12.4 acres or, if smaller, have
unusual local importance as determined by the Commissioner pursuant
to § 24-0301.1 of the Act. The approximate boundaries of
such lands and waters are indicated on the Official Freshwater Wetlands
Map promulgated by the Commissioner pursuant to § 24-0301.5
of the Act, or such a map that has been amended or adjusted pursuant
to § 24-0301.6 of the Act.
B.
All areas that comprise hydric soils and/or
are inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and under normal circumstances
do support, a prevalence of hydrophytic vegetation, as defined by
the 1989 Federal Manual for Identifying and Delineating Jurisdictional
Wetlands prepared by the Federal Interagency Committee of the United
States Army Corps of Engineers, United States Environmental Protection
Agency, United States Fish and Wildlife Service and United States
Department of Agriculture (USDA) Natural Resources Conservation Service.
C.
All areas within and including the finite boundaries
of a wetland. General locations of wetlands are depicted on the Freshwater
Wetlands and Watercourses Map. Finite boundaries of wetlands will
be established when necessary upon request by the wetland owner, the
approval authority, the applicant, the Commissioner of the New York
State Department of Environmental Conservation or other persons whose
interests are shown to be affected. Such establishment will consist
of appropriate field survey work by a qualified wetland scientist
and acceptance by the approval authority.
D.
Watercourses as defined in this chapter.
WETLAND/WATERCOURSE BUFFER
A specified area surrounding a wetland or watercourse that
is intended to provide protection to the wetland or watercourse from
human activity and other encroachment associated with development.
The wetland/watercourse buffer shall be subject to the regulations
for wetlands as defined in this chapter. At a minimum, the wetland/watercourse
buffer shall be the area extending 100 feet horizontally away from
and paralleling the wetland boundary or watercourse edge or bank of
the watercourse. The wetland/watercourse buffer shall be greater than
100 feet where designated by either the Commissioner of the New York
State Department of Environmental Conservation or the local approval
authority.
WETLAND HYDROLOGY
The sum total of wetness characteristics in areas that are
inundated or have saturated soils for a sufficient duration to support
hydrophytic vegetation.
WETLAND PLANTS OF THE STATE OF NEW YORK
The plants listed in the National List of Plant Species That
Occur In Wetlands: Northeast (Region I), which lists facultative and
obligate upland and wetland plant species with appropriate indicator
status, developed by the U.S. Department of the Interior, Fish and
Wildlife Service, for the National Wetland inventory, as amended and
updated from time to time
WETLAND SCIENTIST
A person having special knowledge by reason of education
and work experience in natural, physical and biological sciences related
to the identification, assessment and management of wetlands to a
degree acceptable to the approval authority.
No regulated activity shall be conducted in
a wetland or wetland/watercourse buffer without a written permit from
the approval authority and full compliance with the terms of this
chapter and other applicable regulations. All activities that are
not permitted as of right or by permit shall be prohibited.
A. Permitted uses. The following uses shall be permitted
as of right within a wetland or wetland/watercourse buffer to the
extent that they are not prohibited by any other law; and to the extent
that they do not constitute pollution or erosion hazard(s) or interfere
with proper drainage; and provided that they do not require structures,
grading, fill, draining or dredging except as authorized by permit:
(1) Normal ground maintenance, including mowing, trimming
of vegetation and removal of dead or diseased vegetation other than
trees.
(2) Selective cutting, as defined in §
245-3 and in accordance with other Village laws.
(3) Repair of walkways and walls.
(4) Decorative landscaping and planting in wetland/watercourse buffers, excluding those activities regulated in §
245-4B.
(5) Public health activities, orders and regulations of
the Westchester County Department of Health or the New York State
Department of Health for emergencies only.
(6) The deposit or removal of natural products of wetlands in the process of recreational fishing, but excluding excavation and removal of timber, except as provided in §
245-4A(2).
B. Regulated activities. Regulated activities include all activities within a wetland or wetland/watercourse buffer other than those specified in §
245-4A and may be permitted upon written application to the approval authority. Regulated activities include but are not limited to:
(1) Placement or construction of any structure, including
but not limited to buildings, roads, dams, driveways, culverts, water
control devices, pilings, bridges, tennis courts, swimming pools,
decks, docks, wells or septic systems.
(2) My form of draining, dredging, excavation or removal of material either directly or indirectly, except as allowed in §
245-4A(6).
(3) Any form of dumping, filling or depositing of material
either directly or indirectly.
(4) Introduction of any form of pollution, including but
not limited to the installation of a septic tank, the running of a
sewer outfall or the discharging of sewage treatment effluent or other
liquid wastes into or so as to drain into a wetland.
(5) Alteration or modification of natural features and
contours.
(6) Alteration or modification of natural drainage patterns.
(7) Construction of dams, docks or other water-control
devices, pilings or bridges, whether or not they change the natural
drainage characteristics.
(8) Installation of any pipes or wells.
(9) Clear-cutting of any area of trees as defined in §
245-3.
(11)
Grazing of one or more horses and any agricultural
activity which involves filling, draining or excavation of a wetland.
(12)
Excavation and removal of peat.
(13)
Any other activity that may impair the natural function(s) of a wetland as described in §
245-1 of this chapter.
(14)
The deposition or introduction of organic or
inorganic chemicals within a wetland or watercourse, including herbicides
and pesticides regulated pursuant to Article 33 of the New York Public
Health Law.
C. Regulated acts which require an administrative permit.
The following activities are determined by this chapter to be limited
in scope and limited in potential impact. The approval authority for
these activities shall be the Superintendent of Public Works/Village
Engineer, who will authorize, if appropriate, the issuance of an administrative
permit. The Superintendent of Public Works/Village Engineer may set
reasonable conditions as part of any such approval or, at his/her
discretion, refer any application for an administrative permit to
the Planning Board for its review and action. Activities for which
an administrative permit may be applied are:
[Amended 3-22-2005 by L.L. No. 5-2005; 10-27-2020 by L.L. No.
9-2020]
(1) Removal of water-deposited silt, sand and other material
to restore preexisting land elevations and restoration of storm and
erosion damage where movement not in excess of seven cubic yards of
material is necessary.
(2) Construction of driveways to access a new residential
dwelling unit when the length of a wetland crossing or intrusion is
less than 50 feet in length or 10 feet in width or where a single
culvert of less than 20 feet in length and 18 inches in diameter is
required.
(3) The application of nonpolluting chemicals and dyes
for the purpose of maintenance or scientific study.
(4) Installation of any service lines or cable conduits.
(5) Administrative permits for pending applications as provided in §
245-2E.
(6) Other activities which do not require subdivision,
site plan or special exception use permit approval and which involve
less than 10 cubic yards of earth.
The approval authority may monitor, or may cause
to have monitored, projects according to the specifications set forth
in the permit to determine whether the elements of the mitigation
plan and permit conditions, if required, have been met and whether
any wetland acreage created replaces wetland acreage lost. The requirements
for monitoring shall be specified in the permit and the mitigation
plan and shall include but not be limited to:
A. The time period over which compliance monitoring shall
occur.
B. Field measurements to verify the size and location
of the impacted wetland area and the restored/replacement wetland
area.
C. The date of completion of the restoration/replacement.
D. Field verification of the vegetative, hydrologic and
soils criteria as specified in the mitigation plan and permit, including
but not limited to:
(1) Stability of the substrates and physical structures
of the wetland.
(2) Stability of the vegetation communities.
(3) Wetland hydrology correctness according to the design.
(4) Elimination of undesirable plant and animal species.
The approval authority may require that, prior
to commencement of work under any permit issued pursuant to this chapter,
the applicant shall post a bond in an amount and with surety and conditions
sufficient to secure compliance with the conditions and limitations
set forth in the permit. The particular amount and the conditions
of the bond shall be consistent with the purposes of this chapter.
The bond shall remain in effect until the approval authority or its
designated agent certifies that the work has been completed in compliance
with the terms of the permit and the bond is released by the approval
authority or a substitute bond is provided. In the event of a breach
of any condition of any such bond, the approval authority may institute
an action in the court upon such bond and prosecute the same to judgment
and execution.
No permit granted pursuant to this chapter shall
remove an applicant's obligation to comply in all respects with the
applicable provisions of any other federal, state or local law or
regulation, including but not limited to the acquisition of any other
required permit or approval.
[Amended 7-27-2004 by L.L. No. 10-2004; 10-27-2020 by L.L. No. 9-2020]
In the event any person or entity commences or conducts any regulated activity contrary to any provision of this chapter and/or to any term, condition or provision of any permit issued pursuant to this chapter, the Superintendent of Public Works/Village Engineer, the Building Inspector, the Director of Public Works or the Code Enforcement Officer(s) or any other agent designated by the Village Board may issue a written stop-work order in accordance with the provisions of Chapter
214.
In order to carry out the purposes and provisions
of this chapter, and in addition to the powers specified elsewhere
in this chapter, the approval authority shall have the power to consult
or contract with expert persons or agencies in reviewing a permit
application.
The Village is specifically empowered to seek
injunctive relief restraining any violation or threatened violation
of any provisions of this chapter and to compel the restoration of
the affected wetland or wetland/watercourse buffer to its condition
prior to the violation of the provision(s) of this chapter.
[Amended 3-22-2005 by L.L. No. 5-2005]
A. When the approval authority is the Superintendent
of Public Works/Village Engineer, any applicant may appeal to the
Planning Board any order or decision of the Superintendent of Public
Works/Village Engineer or any agent or subordinate thereof issued
or made pursuant to or within the scope of this chapter. Such appeal
must be commenced by filing with the Planning Board a notice of appeal
within 30 days after service of such order or decision or after notice
of such order or decision is given, as the case may be.
[Amended 10-27-2020 by L.L. No. 9-2020]
B. Judicial review. Any determination, decision or order
of the Planning Board that is issued or made pursuant to or within
the scope of this chapter may be judicially reviewed pursuant to Article
78 of the New York Civil Practice Law and Rules in the Supreme Court
for Westchester County, provided that available administrative remedies
have been exhausted.
This chapter may from time to time be amended
in accordance with the procedures and requirements of the general
statutes and as new information concerning soils, hydrology, flooding
or botanical species particular to wetlands becomes available.