The following terms, phrases, words and their derivatives shall have
the meaning given herein:
ADJACENT AREA
All lands within 100 feet, horizontally, of the vegetative boundary
of any freshwater wetland.
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 vegetation specified in Subsections A and B and
the waters specified in Subsection C of the definition of "freshwater wetlands"
below.
FRESHWATER WETLANDS
Lands and waters lying within
the boundaries of the Village as shown on the freshwater wetlands map prepared
by or for the State of New York and filed the Village pursuant to § 24.0301
of NYSECL or as shown on any freshwater wetland maps the Village shall prepare
which contain any or all of the following:
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 spp.), 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 spp.), buttonbush (Cephalanthus occidentalis),
bog rosemary (Andromeda glaucophylla), and leatherleaf (Chamaedaphne calyculata);
(3)
Emergent vegetation, including, among others, cattails (Typha spp.),
pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra
virginica), arrowheads (Sagittaria spp.), reed (Phragmites communis), wildrice
(Zizania aquatica), bur-reeds (Sparganium spp.), 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
spp.);
(5)
Free-floating vegetation; including among others, duckweed (Lemna spp.),
big duckweed (Spirodela polyrhiza), and watermeal (Wolffia spp.);
(6)
Wet meadow vegetation which depends upon seasonal or permanent flooding
or sufficiently waterlogged soils to give them a competitive advantage over
other open-land vegetation; including, among others, sedges (Carex spp.),
rushes (Juncus spp.), cattails (Typha spp.), rice cut-grass (Leersia oryzoides),
reed canary grass (Phalaris arundinace, swamp loosestrife (Decodon verticillatus)
and spikerush (Eleocharis spp.).
(7)
Bog mat vegetation; including, among others, sphagnum mooses (Sphagnum
spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne Calyculata),
pitcher plant (Sarrancenia purpurea) and cranberries (Vaccineam macrocarpon
and V. oxycoccos);
(8)
Submergent vegetation; including, among others, pondweeds (Potamoziton
spp.), navads (Najas spp.), bladderworts (Utricularia spp.), wild celery (Vallisnerla
americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum
spp.), muskgrass (Chara), stonewort (Nitella spp.), waterweeds (Elodea spp.),
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 above and the lands underlying Subsection
C.
PARTY-IN-INTEREST
The applicant, any person who is permitted to intervene pursuant
to Article 24 of the NYSECL, the Village or an adjoining municipality within
which is located the freshwater wetland or adjacent area which is the subject
of an application for a permit.
PERMIT
Freshwater wetlands permit for the conduct of a regulated activity.
PERSON
Any corporation, firm, partnership, association, trust, estate, one
or more individuals, and any unit of government, agency or subdivision thereof.
PLANNING BOARD
The Planning Board of the Incorporated Village of Lattingtown 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, excavation, 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; erecting
any structures, constructing roads, the driving of pilings or placing of any
other obstructions whether or not changing the ebb and flow of the water;
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 which are set forth
in § 24-0105 of the NYSECL.
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 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.
If any clause, sentence, paragraph, subdivision or part of this chapter
shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, paragraph, subdivision
or part thereof directly involved in the controversy in which such judgment
shall have been rendered.
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.