Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACTIVITY See "regulated activity or use."
APPLICANT A person, including a corporation, partnership or any entity which files an application for a permit under this chapter and which is either the owner of land on which the proposed regulated activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such person.
AQUACULTURE Growing, managing, and harvesting aquatic or semi-aquatic species, including animals and plants, e.g., crayfish, mussels, fish and duckweed, that are produced naturally in freshwater wetlands, and installing cribs, racks, and other in-water structures for cultivating these species; but does not include filling, dredging, fertilizing, peat mining, clear cutting, or the construction of any buildings or any water-regulating structures, such as dams.
BOUNDARY OF A WETLAND The outward limit of the wetland soils and/or wetland vegetation as defined under "wetland/freshwater wetland."
BUFFER AREA The area extending 150 linear feet along the surface, away from, and around the perimeter of the outermost boundary of a wetland and/or watercourse.
CERTIFICATE OF COMPLIANCE That form of written confirmation by the Wetland Inspector that all authorized regulated activities have been physically completed in accordance with this chapter and an authorizing activity permit and/or activity implementation permit, as required.
CLEARANCE FORM That form of written clearance issued by the Wetland Inspector, indicating that a permit, as defined herein, is not required in order to carry-out any land altering activity or use requiring a permit or approval from the Town of Lewisboro, or which may affect wetlands, watercourses and/or buffer areas as defined in this section.
CLEAR-CUTTING Any cutting of live trees four inches or more in diameter at breast height above the ground by more than 30% per contiguous acre of any wetland, and/or regulated buffer area, during a single ten-year period as determined on the basis of wetland area per lot or group of lots under single ownership.
COMMISSIONER The Commissioner of the Department of Environmental Conservation of the State of New York.
CONSERVATION ADVISORY COUNCIL That body established by the Town Board pursuant to the General Municipal Law, having responsibility for conservation activities.
DAMS AND WATER CONTROL MEASURES Any natural or constructed barrier which obstructs or controls the flow of water, or can be operated to raise, lower, or maintain the water level of any wetland or watercourse.
DATE OF RECEIPT OF APPLICATION An application shall be deemed received by the Planning Board on the date of the first regular meeting of the Planning Board following the filing of a fully completed application, including receipt of all necessary or appropriate supporting plans pursuant to the provisions of this chapter.
DEPOSIT To fill, grade, discharge, dump, or place any material.
DISCHARGE The channeling, directing, or redirecting of any solid, liquid or gaseous, substance or material, whether or not such substance causes pollution.
DOMINANT(S) or DOMINANCE A dominant species is either the predominant plant species of a plant community which is directly discernible or measurable in the field (i.e., the only species dominating a vegetative unit, by a spatial extent of 50% or greater) or a codominant species (i.e., one of two or more species which dominate a vegetative unit). The measures of spatial extent shall be percent area cover for all vegetation units and/or the basal area of trees.
DRAIN To remove or reduce, or cause to remove or reduce the flow or volume of surface water or groundwater.
DREDGE To excavate or remove sediment, soil, mud, sand, shells, gravel or other aggregate material.
DRY HYDRANT A nonpressurized pipe system that is readily accessible to fire district apparatus, provides for the withdrawal of water by suction to such fire district apparatus, and is permanently installed into an existing lake, pond or stream that has been determined by a fire district to be a dependable source of water.
[Added 8-14-2017 by L.L. No. 2-2017]
ECOLOGIST/BOTANIST A qualified expert having knowledge of the physical, chemical and biological sciences related to the physiology, identification, distribution and general ecology of wetlands and watercourses; of upland plant and animal species and associated communities; and of methods to delineate and describe wetland and watercourse resources, communities and habitats. This individual must possess a minimum of two years' experience in wetland/watercourse delineation and wetland/watercourse report preparation and hold at least a bachelors degree, with a minimum of 30 semester hours (credits), or equivalent, in biology, physical science, and chemistry, with a minimum of eight semester hours (credits), or equivalent, in botany, including field identification of animal and plant species. Individuals who do not meet the above minimum qualifications but who possess at least 10 years' experience identifying and mapping native vegetation are qualified if they have completed at least 12 semester hours (credits), or equivalent, in botany, including field identification of animal and plant species.
EXCAVATE To dig out, cut away from the existing grade, relocate or remove any material by hand or machine.
FACULTATIVE SPECIES Plant species that occur with equal probability in both upland and wetland or watercourse systems.
FACULTATIVE UPLAND SPECIES Plant species with an estimated probability of 67% to 99% of occurring in uplands, but occasionally in wetlands and watercourses.
FACULTATIVE WETLAND SPECIES Plant species with an estimated probability of 67% to 99% of occurring in wetlands and watercourses, but occasionally in uplands.
FERROUS IRON The chemically reduced form of iron found in waterlogged soils.
FRESHWATER WETLANDS MAP The accumulated delineation of wetlands and watercourses within areas of the Town of Lewisboro as accepted by the Planning Board in the course of the application of this chapter, including but not limited to wetlands and watercourses as shown on the final Freshwater Wetlands Maps for Westchester County promulgated by the Commissioner of the New York State Department of Environmental Conservation pursuant to § 24-0301, Subdivision 5, of the Environmental Conservation Law (the New York State Freshwater Wetlands Act), or such maps as have been amended or adjusted, and on which are indicated the approximate location of the actual boundaries of wetlands regulated pursuant to Article 24 of the Environmental Conservation Law; and as shown on National Wetlands Inventory Map as promulgated by the United States Department of the Interior, Fish and Wildlife Service.
GRADING To alter or change the existing surface of land by such acts as excavating, ditching, leveling, filling or otherwise altering the existing or natural contours of the land surface.
GROWING SEASON The portion of the year when soil temperatures are above biological zero (41° F. or 5° C.); the growing season for Westchester County is March through October.
HISTOSOL A taxonomic order of soils which include organic soils (mucks and peats) consisting of greater than 90% organic matter content to a thickness of at least 16 inches above bedrock, or of any thickness above bedrock lying within 16 inches of the surface.
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."
HYDROPHYTE Any readily visible plant species that grows in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. Hydrophytes include plant species classified as facultative, facultative wetland and obligate wetland species.
HYDROPHYTIC VEGETATION An assemblage of one or more plant species growing in a common aquatic environment or on a substrate that is at least partially deficient in oxygen as a result of excessive water content. Hydrophytic vegetation includes the sum of those dominant plant species occurring in a wetland that are designated as "facultative" (FAC), "facultative wetland" (FACW) and/or "obligate wetland" (OBL) as recorded in the National List of Plant Species that Occur in Wetlands: Northeast (Region 1) or the National List of Plant Species that Occur in Wetlands; New York, developed by the U.S. Department of the Interior Fish and Wildlife Service in cooperation with the National and Regional Wetland Plant Review Panels, as amended and updated from time to time.
MATERIAL Liquid, solid, or gaseous substances including but not limited to soil, silt, gravel, rock, 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 area of a plant community supporting plant species atypical of the hydrologic regime of the predominant plant species composition. Microsites may be drier or wetter than surrounding areas as a result of altered drainage, incidental topographic variation or a related characteristic, and may support plant species of greater or lesser wetland/watercourse affinity.
MINERAL SOIL A soil consisting predominantly of, and having its properties determined largely by, mineral matter. Mineral soils usually contain less than 20% organic matter by weight.
MITIGATION PLAN The plan prepared by an applicant to compensate for proposed wetland, watercourse and buffer area impacts pursuant to the standards and requirements of this chapter, upon demonstration that either losses or impacts to the wetland, watercourse or regulated buffer area are necessary and unavoidable as defined herein and have been minimized to the maximum extent practicable as determined acceptable by the Planning Board.
MUNSELL SOIL COLOR CHARTS A soil color designation system that characterizes the three variable aspects of color: hue, value and chroma. The soil color charts are produced by the Kollmorgen Corporation, 1975, and are revised from time to time.
OBLIGATE UPLAND SPECIES Plant species that, under natural conditions, almost always occur in uplands (i.e., greater than 99% of the time). Obligate upland species for the northeast are listed in Wetland Plants of the State of New York 1988 published by the U.S. Fish and Wildlife Service in cooperation with the National and Regional Wetland Plant List Review Panels and as updated from time to time.
OBLIGATE WETLAND SPECIES Plant species that, under natural conditions, nearly always occur in wetlands (i.e., greater than 99% of the time). Obligate wetland species for the northeast are listed in Wetland Plants of the State of New York 1988 published by the U.S. Fish and Wildlife Service in cooperation with the National and Regional Wetland Plant List Review Panels and as updated from time to time.
PERMIT See "activity permit" and "activity implementation permit."
PERMIT, ACTIVITY That form of written approval issued by the Planning Board for the conduct of a regulated activity or use within a wetland, watercourse and/or buffer area. Where similar jurisdiction exists with the New York State Department of Environmental Conservation or with other state, regional or federal agencies, a permit issued by one of these agencies will not be considered a permit for the conduct of activities regulated by this chapter.
PERMIT, ACTIVITY IMPLEMENTATION That form of written approval, issued by the Wetland Inspector, as authorized pursuant to §
217-6D of this chapter or in accordance with an activity permit issued by the Planning Board.
PHYSICALLY COMPLETED The actual completion of all construction and land use altering activities as authorized pursuant to an activity permit and/or activity implementation permit.
PLANNING BOARD That body established by the Town Board pursuant to the Town Law of the State of New York. The Planning Board is the municipal board empowered to grant, deny or issue conditional activity permits pursuant to this chapter, to require the posting of bonds as necessary, to revoke or suspend a permit where lack of compliance with the permit is established, or to adjudicate violations and assess penalties.
POLLUTION Any departure from the natural range of variation in the physical, chemical or biological conditions or properties of a natural system. Any harmful thermal effect; or the contamination or rendering unclean or impure of any wetland, watercourse or buffer area by reason of erosion, or by any waste or other materials discharged or deposited therein, including but not limited to changes in temperature, odor, color, turbidity, pH, or taste.
PROJECT Any proposed or ongoing action, construction activity, or alteration of the landscape, including applications of fertilizers or biocides, which may result in demonstrable direct or indirect physical, chemical or biological impacts to a wetland, watercourse and/or buffer area, including but not limited to any regulated activity as set forth herein.
REGULATED ACTIVITY OR USE Any activity or use within a wetland, watercourse and/or buffer area not specifically determined by the Planning Board or the Wetland Inspector to be an allowable activity as set forth in §
217-5B of this chapter, or a prohibited activity as set forth in §
217-5A of this chapter, is a regulated activity as set forth in §
217-5C and requires the prior issuance of a written activity permit from the Planning Board, as well as an activity implementation permit from the Wetland Inspector, in accordance with the standards and procedures of this chapter. Regulated activities and uses include, but are not limited to:
(1) Placement or construction of any structure, driveway or roadway.
(2) Any form of draining, dredging, excavation or removal of material, either directly or indirectly.
(3) Any form of dumping, filling or depositing of material either directly or indirectly.
(4) Installation of any service lines or cable conduits.
(5) Introduction of any form of pollution, including but not limited to the installation of a septic tank or fields, 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, watercourse or buffer area.
(6) Alteration or modification of natural features and contours.
(7) Alteration or modification of natural drainage patterns.
(8) Construction of dams, docks or other water control devices, pilings or bridges, whether or not they change the natural drainage characteristics.
(9) Installation of any pipes or wells.
(10) Clear cutting of any area of trees.
(11) Removal or cutting of any vegetation except permitted selective cutting.
(12) Deposition or introduction of organic or inorganic chemicals, including pesticides and fertilizers.
(13) Any agricultural activity which involves drainage or excavation of a wetland.
(14) Any other activity that may impair the natural function(s) of a wetland, watercourse or buffer area as described in §
217-1 of this chapter.
REMOVE To dig, dredge, take away, relocate, drain, bulldoze, dragline, blast, or otherwise excavate or grade.
REPAIR; REPLACEMENT Any repair or replacement in-kind, provided that the height, size and/or spatial extent of the affected area does not change.
RESTORATION PLAN The plan prepared by an applicant to restore, mitigate and otherwise correct unauthorized activities or existing conditions, as approved by the Planning Board.
SELECTIVE CUTTING Any cutting of trees within the boundaries of a wetland, watercourse or buffer area that is not clear cutting as defined herein.
SOIL SCIENTIST A qualified expert having special knowledge of the physical, chemical, and biological sciences applicable to the genesis and morphology of soils and of the methods to identify, describe, classify, and map soil units. This individual must possess a minimum of two years' experience in identifying, classifying and mapping soils, or comparable field experience, or a master's degree in soil science; and a bachelor's degree, with a minimum of 30 semester hours (credits) or equivalent in biology, physical science and earth science, with a minimum of eight semester hours (credits) or equivalent in soil science. Individuals who do not meet the above minimum qualifications but who possess at least 10 years' experience in mapping soils are qualified if they have completed at least 12 semester hours (credits) or equivalent in soil science.
STRUCTURE Anything constructed or erected, the use of which requires location on, under or in the ground or attachment to something having location on, under or in the ground, including but not limited to buildings, tennis courts, and swimming pools.
VERNAL POOL Relatively open areas of surface water formed in depressions within uplands that are inundated to a minimum depth of six inches for three to four months during the growing season (usually March through June) and that are devoid of fish and contain amphibians (adults, egg masses or larval stages) during the growing season. Vernal pools are the exclusive breeding habitats of several amphibians that are becoming increasingly rare throughout the northeast, notably: Eastern wood frog (Rana sylvatica), Jefferson salamander (Ambystoma jeffersonianum; NYSDEC listed special concern); marbled salamander (Ambystoma opacum; NYSDEC listed special concern), blue spotted salamander (Ambystoma laterale; NYSDEC listed special concern), and spotted salamander (Ambystoma maculatum).
VERY LONG DURATION A duration of time for a single event which lasts longer than one month.
WATERCOURSE Any natural or artificial, permanent or intermittent, public or private standing or flowing water body, such as ponds, lakes, reservoirs, rivers, streams, brooks, vernal pools, waterways, or drainageways that are contained within, flow through, or border on the Town of Lewisboro. For the purposes of this definition, "intermittent" shall mean that surface water stands or flows for at least total of three continuous months in a consecutive twelve-month period.
WATER TABLE The zone of saturation at the shallowest average depth from the surface during the wettest season.
WETLAND; FRESHWATER WETLAND All areas that comprise hydric soils and/or are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation. Refer to Appendix A at the end of this chapter for the Technical Criteria for Wetland Identification.
WETLAND HYDROLOGY The dynamics of water movement and changes in water supply to areas that are inundated or saturated to within 16 inches of the surface during the growing season long enough to support a dominance of hydrophytic vegetation.
WETLAND INSPECTOR The administrative official defined by the implementing regulations of the New York State Freshwater Wetlands Act [6 NYCRR 665.5(a)] appointed by the Town Board to fulfill the designated responsibilities set forth in this chapter.