[Amended 9-18-2019 by L.L. No. 3-2019]
The following terms, phrases, words and their
derivatives shall have the meanings given herein:
ADJACENT AREA
The area surrounding the freshwater wetland, measured a horizontal
distance of 100 feet from the boundary thereof.
APPLICANT
Includes the owner of the affected property, his agent or
contract vendee who files an application for a permit pursuant to
this chapter.
BOUNDARY
The outer limit of the physical feature that constitutes
a wetland resource in terms of vegetation, soils and hydrologic conditions
specified herein in the definition of "freshwater wetland."
FRESHWATER WETLANDS
An area of at least 2,000 square feet that is naturally inundated
or saturated by surface water or groundwater at a frequency and duration
sufficient to support, under normal circumstances, a prevalence of
vegetation typically adapted for life in saturated conditions (called
"hydrophytes"; see definition of "hydrophytic vegetation" herein),
or contains hydric soils. Freshwater wetlands are commonly referred
to as "swamps," marshes," "bogs" or "vernal pools." Regulated freshwater
wetlands for the purpose of this chapter include water bodies and
watercourses.
HYDROPHYTIC VEGETATION
Plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water
content, as set forth in the Federal Manual of Identifying and Delineating
Jurisdictional Wetlands, as amended or updated. Most common hydrophytes
are listed and categorized in Wetlands Plants of the State of New
York, published by the United States Fish and Wildlife Services in
cooperation with the National and Regional Wetlands Plant List Review
Panels, as amended or updated.
PERMIT
A freshwater wetlands permit for the conduct of a regulated
activity.
PERSON
Any corporation, firm, partnership, association, trust or
estate, one or more individuals and any unit of government or agency
or subdivision thereof.
PLANNING BOARD
The Planning Board of the Incorporated Village of Muttontown
designated by the Village to be responsible for administering the
provisions of this chapter and promulgating rules, regulations and
procedures necessary to implement and administer properly the provisions
herein.
POLLUTION
The presence in the environment of human-induced conditions
or contaminants in quantities or characteristics which are or may
be 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 form of draining, dredging, excavating or removal of
soil, mud, sand, shells, gravel or other aggregate, either directly
or indirectly; any form of dumping, filling or deposition of any soil,
stones, sand, gravel, mud, rubbish or fill of any kind, either directly
or indirectly; ejecting any structures, constructing roads, the driving
of piling or placing of any other obstruction, whether or not changing
the ebb and flow of the water; and any form of pollution, including,
but not limited to, installing a septic tank, running a sewer outfall,
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
the freshwater wetlands or the benefits derived therefrom.
WATER BODY
Any surface water element, including, but not limited to,
ponds and intermittent streams covering an area of at least 2,000
square feet. A water body may be periodically, seasonally or permanently
covered by water.
WATERCOURSE
Any brook, creek, stream, river, rivulet, floodway or other
such waterway flowing in a defined channel.
No permit shall be issued by the Planning Board
pursuant to this chapter unless it shall find that:
A. The proposed regulated activity is consistent with
the policy of this chapter to preserve, protect and conserve freshwater
wetlands and the benefits derived therefrom, to prevent the despoliation
and destruction of freshwater wetlands and to regulate the development
of such wetlands in order to secure the natural benefits of freshwater
wetlands, consistent with the general welfare and beneficial economic,
social and agricultural development of the Village;
B. The proposed regulated activity is consistent with
the Village's land use regulations;
C. The proposed regulated activity is compatible with
the public health and welfare;
D. The proposed regulated activity is reasonable and
necessary; and
E. There is no reasonable alternative for the proposed
regulated activity on a site which is not a freshwater wetland or
adjacent area.
After a public hearing, the Board of Trustees
may adopt a Freshwater Wetlands Map indicating the boundaries of any
freshwater wetlands in the Village, as defined herein, provided that
said Freshwater Wetlands Map is no less restrictive than that filed
by the State Department of Environmental Conservation. The Board of
Trustees may, after a public hearing, so amend, modify or update an
adopted Freshwater Wetlands Map as it deems necessary and proper to
carry out the intent of this chapter.
This chapter shall take effect upon either the
filing with the Clerk of the Village of a Freshwater Wetlands Map
duly adopted by the Board of Trustees or upon the filing with the
Clerk of the Village of a Freshwater Wetlands Map by the State Department
of Environmental Conservation pursuant to § 24-0301 of the
New York State Environmental Conservation Law, whichever occurs first.