Definitions specific to wetland permits. Words and phrases used in this section shall be interpreted as defined below, and where ambiguity exists, words or phrases shall be interpreted so as to give this section its most reasonable application in carrying out the regulatory purpose and intent as set forth herein. Words and phrases of broad application to the general provisions of this chapter shall be found in §
260-123, Word usage and definitions.
ACOE Army Corps of Engineers.
ACTIVITY, PREEXISTING, NONCONFORMING Those actions and activities occurring within a wetland, water body, watercourse or their associated buffer areas which were approved prior to the effective date of this section and for which the approval has not expired and is still valid. These actions and activities may not be expanded, changed, enlarged, or altered; or discontinued for a period of 12 consecutive months without losing their preexisting, nonconforming status. Preexisting, nonconforming activities destroyed by human activities or a natural catastrophe must be reconstructed within 12 months and be completed within 24 months or lose their preexisting, nonconforming status.
AREAL Of or relating to or involving an area.
BANK The side slopes of a watercourse.
BERMING The process of building up stream banks higher than surrounding floodplain elevations to contain water unnaturally in the channel.
BOUNDARY OF A WETLAND The outer limit of wetland soils, wetland hydrology, and wetland vegetation as defined under "wetland/freshwater wetland."
CHANNEL A surface feature open to the air that conveys surface water and has existed long enough to establish a stable route and/or biological community.
CHANNELIZATION The process of straightening, widening, and excavating gravel from a watercourse.
CHROMA See "Munsell Soil Color Charts."
DAMS AND WATER CONTROL MEASURES Barriers which intentionally or unintentionally obstruct the natural flow of water either to raise it, lower it, or artificially maintain its level.
DEPOSIT (DEPOSITING) The act of filling, grading, discharging, emitting, dumping, or the placement of any material.
DISCHARGE The emission of any water, substance, or material into a wetland, watercourse or wetland/watercourse buffer.
DOMINANT SPECIES A dominant species is one that exhibits either the greatest areal extent (ground or canopy cover) or greatest density (number of plants per unit area) within one or more layers (tree, shrub, herb) of a naturally occurring plant community.
DRAIN To deplete or empty of water by drawing off by increments.
DURATION, LONG A duration class referring to flooding or inundation in which inundation for a single event ranges from seven days to one month.
DURATION, VERY LONG A duration class referring to flooding or inundation in which inundation for a single event is greater than one month.
FACULTATIVE SPECIES Plant species that, because of their broader ecological requirements or tolerances, can occur in both wetlands and uplands to varying degrees. Subcategories of facultative species include:
(2) FACULTATIVE SPECIES (FAC)Plant species that are equally likely to occur in wetlands or nonwetlands (estimated probability 34% to 66%); and
FLOOD, ONE-HUNDRED-YEAR OR BASE The highest level of the flood that, on the average, is likely to occur once every 100 years, i.e., has a one-percent chance of occurring each year.
FLOODPLAIN or FLOOD-PRONE AREA A land area adjoining a river, stream, lake, watercourse, water body or wetland, which is likely to be inundated by water from any source.
GROWING SEASON The portion of the year when soil temperatures are above biologic zero (5° C.); the growing season for Ulster County is approximately May 15 through September 15.
HEC-RAS River analysis system software developed by the Hydrological Engineering Centers of the Institute for Water Resources of the United States Army Corps of Engineers.
HISTOSOLS/ORGANIC SOILS A taxonomic soils order composed of organic soils (mostly peats and mucks) that have a predominance of organic materials to a depth of 16 inches or more, or to any lesser depth if bedrock is closer than 16 inches to the surface.
HYDRIC SOILS A soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part; see expanded definition under "wetland." For field identification delineation purposes, soil in the upper 18 inches with a predominant chroma of two or less on the Munsell Color Charts, whether streaked with brighter colors (mottled) or not, generally meet the field criterion of hydric soils.
HYDROPHYTIC VEGETATION The sum total of macrophytic plant life that occurs in areas where the frequency and duration of inundation or soil saturation produce permanently or periodically saturated soils of sufficient duration to exert a controlling influence on the plant species present.
MITIGATION PLAN A plan prepared and implemented by an applicant in accordance with a wetland and watercourse permit issued upon demonstration that either losses or impacts to wetlands/watercourses and/or wetland/watercourse buffer areas are necessary and unavoidable.
MUNSELL SOIL COLOR CHARTS A soils color designation system based on a collection of color-reproduced chips that visually demonstrate the relative degree of the three fundamental variables of color: hue, value, and chroma, as produced by the Kollmorgen Corporation, 1975, or as amended or updated from time to time. Each color chart shows the range and variation in value and chroma for a specific hue.
NATIONAL LIST OF PLANT SPECIES THAT OCCUR IN WETLANDS, 1988, NEW YORK The list of obligate and facultative upland and wetland plant species developed by the United States Department of the Interior Fish and Wildlife Service in cooperation with the National and Regional Wetland Plant List Review Panels, as amended and updated from time to time.
NYCDEP New York City Department of Environmental Protection.
OBLIGATE UPLAND SPECIES (UPL) Plant species that, under natural conditions, nearly always occur in nonwetland uplands (i.e., greater than 99% of the time). The less-than-one-percent difference allows for anomalous wetland occurrences (i.e., occurrences that are spontaneous or unexplainable or are the result of human-induced disturbances and transplants).
OBLIGATE WETLAND SPECIES (OBL) Plant species that, under natural conditions, nearly always occur in wetlands (i.e., greater than 99% of the time). The less-than-one-percent difference allows for anomalous wetland occurrences (i.e., occurrences that are spontaneous or unexplainable or are the result of human-induced disturbances and transplants).
POLLUTION OF WETLAND OR WATERCOURSE The contamination or the departure from the range of normal variation in physical or chemical factors of any wetland or watercourse by reason of erosion, or by any waste or other materials discharged or deposited therein.
REGULATED ACTIVITY Those actions and activities occurring within a wetland, water body, watercourse or their associated buffer areas which are not exempted from requiring a wetland permit by §
260-34D of this section and are more specifically listed in §
260-34C.
REGULATED AREA Wetlands, waterbodies, vernal pools, watercourses and their associated wetland/watercourse buffer areas as defined in this section.
UCSWCD Ulster County Soil and Water Conservation District.
VERNAL POOL Seasonally flooded, isolated pool of standing water that is devoid of naturally occurring fish and that persist, in a year of average, precipitation for at least two months (average annual precipitation in the Woodstock area is 48 inches). Vernal pools are essential breeding habitat for certain amphibians, including, but not limited to, the following species: spotted salamander (Ambystoma maculatum), marbled salamander (Ambystoma opacum), Jefferson salamander (Ambystoma jeffersonianum), blue-spotted salamander (Ambystoma laterale), Northern spring peeper (Hyla c. crucifer), and wood frog (Rana sylvatica).
WATER BODY Any natural or artificial pond, lake, reservoir, or other area which usually or intermittently contains water and which has a discernible shoreline. For the purposes of this chapter, a water body is also a wetland, and the appropriate wetland buffer area shall apply. An artificial pond of less than 1/10 of an acre (i.e., 4,356 square feet) shall not be considered a regulated water body, provided its creation and maintenance does not alter the flow, function or values of existing waterbodies, wetlands or watercourses.
WATERCOURSE Any natural, artificial, permanent, seasonal, or intermittent, public or private water segment, such as rivers, streams, brooks, or other waterways that are contained within, flow through, or border on the Town of Woodstock. A watercourse contains a discernible channel, bed, and/or banks and usually flows in a particular direction. Artificial water segments, such as swales and ditching shall not be considered a regulated watercourse, provided they do not discharge directly into a naturally occurring wetland water body or watercourse.
WATERCOURSE BUFFER AREA A specified area surrounding a watercourse that is intended to provide some degree of protection to the watercourse from human activity or other encroachment associated with development. The watercourse buffer area shall be subject to the regulations for watercourses as defined herein and shall be determined by consulting the map entitled, "Applicable Watercourse Buffers" which is maintained in the office of the Planning Board and Building Inspector. The buffer area is the area extending horizontally away from and paralleling the edge of bank of a watercourse. Buffer widths vary from 30 to 45, 60, 75, 90 or 100 feet (each side) depending on the upstream drainage area and the slope of the land. The default buffer for all watercourses is 30 feet from the edge of bank.
WATERSHED The region draining into a river, river system, or other body of water.
WETLAND AND WATERCOURSE INSPECTOR The agent appointed by the Town Board, who may or may not be employed by the Town also as a Building Inspector, charged with enforcement and permit-processing responsibilities associated with regulated activities within regulated areas. The determination of the Wetland and Watercourse Inspector shall be of the same force and effect and subject to the same laws and regulations as those of the Building Inspector. The Wetland and Watercourse Inspector must be certified in basic wetland delineation.
WETLAND BUFFER AREA A specified area surrounding a wetland, that is intended to provide some degree of protection to the wetland from human activity or other encroachment associated with development. The wetland buffer area shall be subject to regulations and site conditions for wetlands and watercourses as defined herein. The wetland buffer area shall consist of the area extending 100 feet horizontally away from and paralleling the outer wetland boundary limits of a wetland of greater than 1/10 of an acre (i.e., 4,356 square feet) and 50 feet horizontally away from and paralleling the outer wetland boundary limits of a wetland of equal to or less than 1/10 of an acre.
WETLAND DELINEATION The process by which the boundary or edge of a wetland is determined. Delineations shall be in accordance with Part IV of the US Army Corps of Engineers Wetland Delineation Manual (1987) herein referred to as the Wetland Delineation Manual.
WETLAND DELINEATOR A person who has demonstrated training and experience in the identification of wetlands and watercourses, and the use of the Corps of Engineers Wetland Delineation Manual (January, 1987) including preparation of federal data forms and federal level wetland delineation reports. A wetland delineator must have a degree from an accredited university in a related field and a minimum of two years of continuous wetland and watercourse delineation experience as set forth above.
WETLAND (FRESHWATER WETLAND) (1) 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 that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. For the purposes of this chapter, the term "wetland" shall refer to freshwater wetlands and shall generally include swamps, marshes, bogs, vernal pools, and similar areas. Wetlands must have the following three general diagnostic environmental characteristics:
(a) Wetlands vegetation. The prevalent vegetation consists of macrophytes that are typically adapted to areas having hydrologic and soil conditions as described above. Hydrophytic species, due to morphological, physiological, and/or reproductive adaption(s), have the ability to grow, effectively compete, reproduce, and/or persist in anaerobic soil conditions. Indicators of vegetation associated with wetlands are listed in Paragraph 35 of the Wetland Delineation Manual.
(b) Wetlands Soil. Soils are present and have been classified as hydric, or they possess characteristics that are associated with saturated soil conditions. Indicators of these soils are listed in Paragraphs 44 and 45 of the Wetland Delineation Manual.
(c) Wetlands hydrology. Wetlands are inundated either permanently or periodically at mean water depths equal to or less than 6.6 feet, or the soil is saturated to the surface at some time during the growing season. Indicators of hydrologic conditions that occur in wetlands are listed in Paragraph 49 of the Wetland Delineation Manual.
(2) Regulated wetlands do not include:
(a) Detention, infiltration and retention basins created as part of an approved local, state or federal stormwater pollution prevention plan; or
(b) An artificial pond of less than 1/10 of an acre (i.e., 4,356 square feet), provided the pond's creation and maintenance does not alter the flow, function or values of existing waterbodies, wetlands or watercourses.
WETLAND HYDROLOGY The sum total of wetness characteristics in areas that are inundated or have saturated soils to within 18 inches of the surface for a sufficient duration to support hydrophytic vegetation.
WETLAND PERMIT That form of written approval required by §
260-34 of this chapter allowing for a specific regulated activity in a regulated area.