This chapter shall be known as the "Freshwater
Wetlands Protection Law of the Village of Lawrence."
It is declared to be the public policy of the
Village 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. It is further declared to be the policy
of the Village to exercise its authority pursuant to Article 24 of
the State Environmental Conservation Law.
The following terms, phrases, words and their
derivatives shall have the meanings given herein:
ADJACENT AREA
Any land in the Village immediately adjacent to a freshwater
wetland lying within 100 feet, measured horizontally of the boundary
of a freshwater wetland.
AGENCY
The Board of Trustees of the Village.
APPLICANT
Any person who files an application for any permit issued
by the agency pursuant to this chapter, and includes the agent of
the owner or a contract vendee.
BOARD
The Freshwater Wetlands Appeals Board established by Article
24 of the State Environmental Conservation Law.
BOUNDARIES OF A FRESHWATER WETLAND
The outer limit of the vegetation specified in Subsections
A and B of the definition of "freshwater wetlands" in this section
and of the waters specified in Subsection C of the definition of "freshwater
wetlands" in this section.
FRESHWATER WETLANDS
Lands and waters lying within the boundaries of the Village,
as shown on a freshwater wetlands map, or other lands or waters 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 water-logged soils to give them
a competitive advantage over other trees, including among others red
maple (Acer rubrum), 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)
Wetlands shrubs, which depend upon seasonal
or permanent flooding or sufficiently water-logged 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), wildrice (Zizania aquatica),
burreeds (Sparganium species), purple loosestrife (Lythrum salicaria),
swamp loosestrife (Decodon verticillatus) and water plantain (Alisma
plantagoaquatica).
(4)
Rooted, floating-leaved vegetation, including
among others waterlily (Nymphaea odorata), watershield (Brasenia Schreberi)
and spatterdock (Nuphar species).
(5)
Free-floating vegetation, including among others
duckweed (Lemma 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 them
a competitive advantage over other open land vegetation, including
among others sedges (Carex species), rushes (Juncus species), cattails
(Typha species), rice cut-grass (Leersia ryzoides), reed canary grass
(Phalaris arundinacea), swamp loosestrife (Decondon verticillatus)
and spikerush (Eleocharis species).
(7)
Bog mat vegetation, including among others spaghnum
mosses (Sphagnum species), bog rosemary (Andromeda glaucophylla),
leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea)
and cranberries (Vaccinium macrocarpon and Vaccinium macrocarpon oxycoccos)
(8)
Submergent vegetation, including among others
pondweeds (Potamogeton species), naids (Najas species), bladderworts
(utricularia species), wild celery (Vallisneria americana), coontail
(Ceratophyllum demersum), water milfoils (Myrio-phyllum 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 of this definition and dead vegetation as set forth in Subsection
B of this definition, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
D.
The waters overlying the areas as set forth in Subsections
A and
B of this definition and the lands underlying Subsection
C of this definition.
FRESHWATER WETLANDS MAP
A map on which are indicated the boundaries of any freshwater
wetland and which has been filed with the Clerk of the Village by
the State Department of Environmental Conservation pursuant to § 24-0301
of the State Environmental Conservation Law.
PARTY IN INTEREST
The applicant, the agency, the State Department of Environmental Conservation, each local government in which the regulated activity or any part thereof is located, and any person who appears and wishes to be a party in interest at the public hearing held pursuant to §
98-7 of this chapter.
PERSON
Any corporation, firm, partnership, association, trust, estate,
one or more individuals and any unit of government or agency or subdivision
thereof.
POLLUTION
The presence in the environment of human induced conditions
or contaminants in quantities or characteristics which are or may
be injurious to humans, plants, animals or property.
PROJECT
Any action which may result 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 from any freshwater wetland, either directly or indirectly; 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 structure or 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 directly into or so as to drain into a freshwater wetland; that portion of any subdivision of land that involves any land in any freshwater wetland or adjacent area; 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 §
98-3 of this chapter.
SELECTIVE CUTTING
The annual or periodic removal of trees, individually or
in small groups, in order to realize the yield and establish a new
crop and to improve the forest, which removal does not involve the
total elimination of one or more particular species of trees.
STATE
The State of New York.
STATE AGENCY
Any state department, bureau, commission, board or other
agency, public authority or public benefit corporation.
SUBDIVISION OF LAND
Any division of land into two or more lots, parcels or sites,
whether adjoining or not, for the purpose of sale, lease, license
or any form of separate ownership or occupancy (including any grading,
road construction, installation of utilities or other improvements
or any other land use and development preparatory or incidental to
any such division) by any person or by any other person controlled
by, under common control with or controlling such person or by any
group of persons acting in concert as part of a common scheme or plan.
"Subdivision of land" shall include any map, plat or other plan of
division of land, whether or not previously filed. "Subdivision of
land" shall not include the lease of land for hunting and fishing
and other open space recreation uses and shall not include the division
of land by bona fide gift, devise or inheritance.
In order to carry out the purposes and provisions
of this chapter, the agency shall have the following powers:
A. To appoint officers, agents, employees and prescribe
their duties and qualifications and fix their compensation.
B. To adopt, amend and repeal, after public hearing (except
in the case of rules and regulations that relate to the organization
or internal management of the agency), said rules and regulations,
consistent with this chapter, as it deems necessary to administer
this chapter, and to do any and all things necessary or convenient
to carry out the purpose policies of this chapter.
C. To contract for professional and technical assistance
and advice.
D. To hold hearings and subpoena witnesses in the exercise
of its powers, functions and duties provided for in this chapter.