Town of Somers, NY General Provisions

Wetlands and watercourses are valuable natural resources and serve multiple functions, including:

(a)

Protecting water resources by providing sources of surface water, recharging groundwater and aquifers, serving as chemical and biological oxidation basins and functioning as settling basins for naturally occurring sedimentation.

(b)

Controlling flooding and stormwater runoff by storing or regulating natural flows.

(c)

Providing unique nesting, migratory and wintering habitats for diverse wildlife species, including many on the New York State and federal endangered species lists.

(d)

Supporting unique vegetative associations specifically adapted for survival in low oxygen environments.

(e)

Providing areas of unusually high plant productivity which support significant wildlife diversity and abundance.

(f)

Providing breeding and spawning grounds, nursery habitat and food for various species or fish.

(g)

Serving as nutrient traps for nitrogen and phosphorus and filters for surface water pollutants.

(h)

Helping to maintain biospheric stability by supporting particularly efficient photosynthesizers capable of producing significant amounts of oxygen and supporting bacteria which process excess nitrates and nitrogenous pollutants and return them to the atmosphere as inert nitrogen gas.

(i)

Providing open space and visual relief from intense development in urbanized and growing areas.

(j)

Serving as outdoor laboratories and living classrooms for the study and appreciation of natural history, ecology and biology.

(k)

Protecting reservoirs and watersheds vital to the community and to the water supply of New York City and Westchester County.

Considerable acreage of these important natural resources has been lost or impaired by draining, dredging, filling, excavating, building, polluting and other acts inconsistent with the natural uses of such areas. Remaining wetlands are in jeopardy of being lost, despoiled or impaired by such acts, contrary to the public safety and welfare.

It is therefore the policy of the Town of Somers to protect its citizens, including generations yet unborn, by preventing the despoliation and destruction of wetlands while taking into account varying ecological, economic, recreational and aesthetic values. Activities that may damage wetlands should be located on upland areas.

Intent. It is the intent of the Town of Somers that activities in and around wetlands conform with all applicable building codes and other regulations and that such activities not threaten public safety, the natural environment or cause nuisances by:

Impeding flood flows, reducing flood storage areas or destroying storm barriers, thereby resulting in increased flood heights, frequencies or velocities on other lands.

Increasing water pollution through location of domestic wastewater disposal systems in wet soils; inappropriate siting of stormwater control facilities; unauthorized application of fertilizers, pesticides, herbicides and algicides; disposal of solid wastes at inappropriate sites; creation of unstabilized fill; or the destruction of wetland soils and vegetation serving pollution and sediment control functions.

Increasing erosion and subsequent sedimentation.

Decreasing breeding, nesting and feeding areas for many species of waterfowl and shorebirds, including those rare and endangered.

Interfering with the exchange of nutrients needed by fish and other forms of wildlife.

(6)

Decreasing habitat for fish and other forms of wildlife.

(7)

Adversely altering the recharge or discharge functions of wetlands, thereby impacting groundwater or surface water supplies.

(8)

Significantly altering the wetland hydro-period and thereby causing either short- or long-term changes in vegetation composition, soils characteristics, nutrient recycling or water chemistry.

(9)

Destroying sites needed for education and scientific research, such as outdoor biophysical laboratories, living classrooms and training areas.

(10)

Interfering with public rights in navigable waters and the recreation opportunities provided by wetlands for fishing, boating, hiking, bird watching, photography, camping and other passive uses.

(11)

Destroying or damaging aesthetic and property values, including significant public viewsheds.

§ 167-2 Applicability.

General applicability. The regulations established in this chapter shall apply to all wetlands, watercourses and wetland/watercourse buffers as these areas are defined in § 167-3 and to any proposed regulated activity as defined in § 167-4B not physically completed prior to the effective date of this chapter.

Rules for establishing and interpreting wetland boundaries. The boundaries of a wetland ordinarily shall be determined by field investigation and delineation by a qualified environmental professional and subsequent survey and mapping by a licensed land surveyor unless waived by the approval authority. The approval authority may consult and/or may require the applicant to consult with biologists, hydrologists, soil scientists, ecologists/botanists or other experts as necessary to make this determination pursuant to the definitions contained in § 167-3.

Grandfathered projects. The provisions of this chapter shall not apply to any land use, improvement or development that has been physically completed prior to the effective date of this chapter. As used in this section, the term “physically completed” shall mean the actual completion of construction activities related to a regulated activity, including filling, erecting structures or other improvement or development activities.

Current projects. A regulated activity that was approved prior to the effective date of this chapter and to which significant economic resources have been committed pursuant to such approval but which is not in conformity with the provisions of this chapter may be continued subject to the following:

All such activities shall continue to be governed by the present regulations of the Town of Somers in effect at the time of approval.

No such activity shall be expanded, changed, enlarged or altered in such a way that increases its size or impact without compliance with this chapter.

If such activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to the provisions of this chapter.

If any such use or activity is destroyed by human activities, an act of God, or the forces of nature, it shall not be resumed except in conformity with the provisions of this chapter.

Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue.

§ 167-3 Definitions.

Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Certain words or phrases used in this chapter shall be interpreted as defined below; and, where ambiguity exists, words or phrases shall be interpreted so as to give this chapter its most reasonable application in carrying out the regulatory goals stated in § 167-1.

As used in this chapter, the following terms shall have the meanings indicated:

ADJACENT AREA

See “wetland buffer.”

ADMINISTRATIVE PERMIT

A permit issued by the Town Engineer for certain activities in wetlands, as listed in § 167-4C, which have been determined by this chapter to be limited in scope and limited in potential impact on wetlands.

AGRICULTURAL ACTIVITY

The activity of an individual farmer or other landowner in grazing and watering livestock; making reasonable use of water resources for agricultural purposes; harvesting the natural products of wetlands, excluding peat mining and timber harvesting; and selective cutting of trees to the extent that this does not conflict with state agricultural laws. “Agricultural activity” does not mean clear cutting of trees; filling or deposition of soil; mining; or draining for growing agricultural products or for any other related or unrelated purposes.

APPLICANT

Any individual, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof and that 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 any such person, who requests the approval authority to issue a permit.

APPROVAL AUTHORITY

The administrative board or public official empowered to grant or deny permits under this chapter, to require the posting of bonds as necessary and to revoke or suspend a permit where lack of compliance to the permit is established. The approval authority shall be:

The Planning Board of the Town of Somers for any wetlands activity requiring a permit as specified in § 167-4B and for any activity included on plans submitted to the Planning Board for approval under other procedures, such as subdivision or site plan applications.

DAMS and WATER CONTROL MEASURES

The Town Engineer of the Town of Somers for any wetlands activity requiring an administrative permit as specified in § 167-4C.

AQUACULTURE

Cultivating and harvesting products, including fish and vegetation, that are produced naturally in freshwater wetlands, and installing cribs, racks and other in-water structures for cultivating these products; but does not include filling, dredging, peat mining, clear cutting or the construction of any buildings or any water-regulating structures, such as dams.

BOUNDARY OF A WETLAND

The outer limit of the soils and/or vegetation as defined under “wetland/freshwater wetland.”

CLEARING

As defined in Chapter 156 of the Code of the Town of Somers.

CREATION

To construct a new wetland, often by excavating and/or flooding land not previously occupied by a wetland.

Barriers used or intended to or which, even though not intended in fact, do obstruct the flow of water or raise, lower or maintain the level of water.

DATE OF RECEIPT OF APPLICATION BY APPROVAL AUTHORITY

An application shall be deemed received by the approval authority on the date of the first regular meeting of the approval authority following the filing of the complete application and supporting plans pursuant to the provisions of this chapter.

DEPOSIT

To fill, grade, discharge, emit, dump or place any material or the act thereof.

DISCHARGE

The emission of any water, substance or material into a wetland or wetland buffer, whether or not such substance causes pollution.

DOMINANT(S) or DOMINANCE

A dominant species is either the predominant plant species (i.e., the only species dominating a vegetative unit) or a codominant species (i.e., when two or more species dominate a vegetative unit). Dominant species are considered to be those with 20% or more areal coverage in the plant community. The measures of spatial extent are percent areal cover for all vegetation units other than trees and basal area for trees. In this chapter, “dominance” refers to the spatial extent of a vegetative species because spatial extent is directly discernible or measurable in the field.

DRAIN

To deplete or empty of water by drawing off by degrees or in increments.

DREDGE

To excavate or remove sediment, soil, mud, sand, shells, gravel or other aggregate.

ECOLOGIST/ BOTANIST

A person having knowledge of the physical, chemical and biological sciences related to the physiology, identification and distribution of native plants and vegetative associations in wetland and upland systems and of methods to describe, classify, and delineate vegetative species and associations.

ENHANCEMENT

The repair of a wetland in which some functions have been degraded or lost, such that the degraded wetland functions are restored.

EXCAVATE

To dig out and remove any material from a wetland, watercourse or wetland buffer.

FACULTATIVE SPECIES

Vegetative species that can occur in both upland and wetland systems. There are three subcategories of facultative species: facultative wetland, straight facultative and facultative upland. Under natural conditions, a facultative wetland species is usually (estimated probability of 67% through 99%) found in wetlands, but occasionally in uplands; a straight facultative species has basically a similar likelihood (estimated probability of 34% through 66%) of occurring in both wetlands and uplands; a facultative upland species is usually (estimated probability of 67% through 99%) found in uplands but occasionally in wetlands.

FERROUS IRON

The reduced form of iron found in waterlogged soils.

FILL

See “deposit.”

FIRE POND

Pond designated by the Fire Department to serve in this capacity.

[Added 11-8-2007 by L.L. No. 11-2007]

FRESHWATER WETLANDS MAP

The final freshwater wetlands map for Westchester County promulgated by the Commissioner of the New York State Department of Environmental Conservation pursuant to § 24-0301.5 of the New York State Freshwater Wetlands Act, or such map as has been amended or adjusted, and on which are indicated the approximate locations of the actual boundaries of wetlands regulated pursuant to Article 24 of the Environmental Conservation Law.

GRADING

To adjust the degree of inclination of the contours of the land, including leveling, smoothing and other modification of the natural land surface.

GROWING SEASON

The portion of the year when soil temperatures are above biologic zero (5° C. or 41° F.) The growing season for Westchester County is March through October.

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.”

MATERIAL

Liquid, solid or gaseous substances, including but not limited to soil, silt, gravel, rock, water, 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 site supporting facultative or obligate vegetation anomalous within the context of the larger vegetative unit. Microsites may be drier or wetter than surrounding areas as a result of altered drainage, incidental topographic variation or a related characteristic.

MINERAL SOIL

A soil consisting predominantly of and having its properties determined predominantly by mineral matter. Mineral soils usually contain less than 20% organic matter by weight.

MITIGATION

The creation or substantial improvement of wetlands in nonregulated areas, in degraded wetland areas, or in wetland buffer areas to lessen, ease or replace the functional capacity of existing wetlands that is lost as a result of the permitted activity. Wetland mitigation, referred to in this chapter as “mitigation,” requires the development and implementation of a mitigation plan, pursuant to § 167-9.

MITIGATION PLAN

The plan prepared by the applicant pursuant to § 167-9 when the applicant has demonstrated that either losses or impacts to the wetland or wetland buffer are necessary and unavoidable as defined in § 167-8D and have been minimized to the maximum extent practicable.

MUNICIPALITY

The Town of Somers, New York.

MUNSELL SOIL COLOR CHARTS

A soil color designation system that specifies the relative degree of the three simple variables of color: hue, value and chroma; produced by the Kollmorgen Corporation, 1975, or as amended or updated from time to time.

NUISANCE

The use of land or an activity conducted on the land that has, or is likely to have, a detrimental impact on the physical condition of nearby land or on the health, safety, and welfare of people of the surrounding area.

OBLIGATE UPLAND SPECIES

Plant species that, under natural conditions, always occur in 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 the result of human-induced disturbances and transplants). Obligate upland species for the northeast are listed in the Wetland Plants of the State of New York 1986, published by the United States 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, always occur in wetlands (i.e., greater than 99% of the time). The less-than-one-percent difference allows for anomalous upland occurrences (i.e., occurrences that are the result of human-induced disturbances and transplants). Obligate wetland species for New York State are listed in Wetland Plants of the State of New York 1986, published by the United States Fish and Wildlife Service in cooperation with the National and Regional Wetland Plant List Review Panels, and as updated from time to time.

ON-LINE POND

Any pond constructed over a stream.

[Added 11-8-2007 by L.L. No. 11-2007]

PERMIT

The form of written approval issued by the Town of Somers under this chapter for the conduct of a regulated activity within a wetland or wetland buffer. A permit will include a wetland activity permit issued by the Planning Board and an administrative wetland activity permit issued by the Town Engineer.

PERSON

See “applicant.”

PHYSICAL COMPLETION

The actual completion of construction activities related to a regulated activity, including filling, erecting structures, or other improvements or development activities.

POLLUTION

Any harmful thermal effect or the contamination or rendering unclean or impure of any wetland or waters by reason of erosion or by any waste or other materials discharged or deposited therein.

PROJECT

Any proposed or ongoing action which may result in direct or indirect physical or chemical impact on a wetland, watercourse or wetland or watercourse buffer, including but not limited to any regulated activity.

REMOVE

To dig, dredge, suck, bulldoze, dragline, blast or otherwise excavate or grade.

RENDERING UNCLEAN OR IMPURE

Any alteration of the physical, chemical or biological properties of any wetland or waters, including but not limited to change in odor, color, turbidity or taste.

RESTORATION

To reclaim a disturbed or degraded wetland or watercourse in order to bring back one or more functions that have been partially or completely lost by such actions as draining or filling.

SILVICULTURE

The art and the science of controlling the establishment, growth, composition, health, and quality of forest to meet diverse needs and values of the many landowners, societies and cultures.

[Added 9-10-2009 by L.L. No. 8-2009]

SOIL SCIENTIST

A person having special knowledge of the physical, chemical and biological sciences applicable to the genesis and morphology of soils as natural bodies, and the methods to describe, classify and map soil units.

STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)

The law pursuant to Article 8 of the New York Environmental Conservation Law providing for environmental quality review of actions which may have a significant effect on the environment.

STRUCTURE

Anything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on the ground, including but not limited to buildings, tennis courts, in-ground swimming pools and other recreational facilities that create impervious surfaces.

SUBDIVISION

The division of any parcel of land into two or more lots, blocks or sites, with or without the creation of new streets, for the purpose, whether immediate or future, of transfer of ownership or building development, and includes resubdivision.

TOWN ENGINEER

Any person employed by the Town of Somers as the Town Engineer or engineering consultant.

WATERCOURSE

Any natural or artificial or permanent or intermittent public or private water body or water segment, such as ponds, lakes, reservoirs, rivers, streams, brooks or waterways, that are contained within, flow through, or border on the Town of Somers. For the purposes of this definition, “intermittent” shall mean that water stands or flows for a total of three months in a consecutive twelve-month period. A drainage ditch, swale or surface feature that contains water only during and immediately after a rainstorm or a snow melt shall not be considered to be a watercourse.

WATER QUALITY STANDARDS

As defined by federal and state water standards, including but not limited to New York State, 6 NYCRR Part 703, Surface Water and Groundwater Quality Standards, and US EPA Clean Water Act Section 303(c).

WATER TABLE

The zone of saturation at the highest average depth during the wettest season.

WETLAND BUFFER

The wetland buffer is a specified area surrounding a wetland that is intended to provide some degree of natural protection to and separation from the wetland from human activity and other encroachment associated with development. The wetland buffer shall be subject to the regulations for wetlands as defined in this chapter and shall be determined to be the area extending 100 feet horizontally away from and paralleling the outermost wetland boundary or bank of the watercourse or greater than 100 feet where designated by the approval authority.

WETLAND/FRESHWATER WETLAND

Areas of at least 5,000 square feet that comprise hydric soils or are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and, under normal circumstances, do support a prevalence of hydrophytic vegetation and, that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as further defined by the Federal Manual for Interagency Committee of the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, and the U.S.D.A. Natural Resources Conservation Service Cooperative Technical Publication.

Watercourses shall be encompassed under the term “wetland” as used in this chapter. For purposes of identification, the minimum area requirement of 5,000 square feet for the “wetland” definition shall not apply.

"Wetland/freshwater wetland," as defined and regulated under this chapter, shall include lands and waters that meet the definition provided in § 24-0107, Subdivision 1, of the New York State Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law) and have an area of at least 12.4 acres or, if smaller, have unusual local importance as determined by the Commissioner pursuant to § 24-0301, Subdivision 1, of the Act. The approximate boundaries of such lands and waters are indicated on the Official Freshwater Wetlands Map promulgated by the Commissioner pursuant to § 24-0301, Subdivision 5, or such a map that has been amended or adjusted pursuant to § 24-0301, Subdivision 6, of Title 23. The amendment to this subsection which extends the provisions of this Chapter 167 to wetlands regulated by the New York State Department of Environmental Conservation shall be subject to the applicability provisions of § 167-2 of this chapter.

[Amended 6-10-2004 by L.L. No. 7-2004]

The criteria below shall be used to determine the presence of hydrophytic vegetation, hydric soils and wetland hydrology:

(a)

Hydrophytic vegetation.

The presence of obligate wetland species, particularly as dominant, in a vegetation unit shall be considered diagnostic of wetlands. Facultative species may be present but naturally occurring obligate upland species cannot be present on other than microsites.

[2]

Plants with adaptations to inundation or saturated soil conditions shall be considered diagnostic of wetlands. Such adaptations include but are not limited to pneumatophores, buttressed tree trunks, floating stems, floating leaves, multiple trunks, hypertrophied lenticels and inflated leaves, stems or roots.

[3]

Any combination of the three categories of facultative species (i.e., facultative wetland, straight facultative and facultative upland) shall be considered indicative of a wetland if the vegetation unit in which they occur has hydric soils and one or more hydrologic indicators are at least periodically present during the growing season. In addition, naturally occurring obligate upland species must either be absent or present only on microsites or larger similar inclusions.

(b)

Hydric soil.

Technical definition. A “hydric soil” is a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part and includes all soil defined by the following criteria:

[a]

All histosols;

[b]

Mineral soils that are somewhat poorly drained and have a water table less than 6.0 inches from the surface for a significant period (usually one week or more) during the growing season, or poorly drained or very poorly drained and have either a water table at less than 1.0 foot from the surface for a significant period (usually one week or more) during the growing season if permeability is equal to or greater than 6.0 inches per hour in all layers within 20 inches or a water table at less than 18 inches from the surface for a significant period (usually one week or more) during the growing season if permeability is less than 6.0 inches per hour in any layer within 20 inches;

[c]

Soils that are ponded for seven continuous days or more during the growing season; or

[d]

Soils that are frequently flooded for seven continuous days or more during the growing season.

[2]

Field evidence of hydric soils. The presence of one or more of the following indicators shall be diagnostic of the presence of hydric soils:

[a]

Organic soils (histosols) or mineral soils with a histic epipedon. Histosols are organic soils (mostly peats and mucks) that have organic materials in more than half (by volume) the upper 32 inches of the soil profile unless the depth to bedrock or fragmental materials is less than 32 inches or the bulk density is very low. A histic epipedon is an eight-to-sixteen-inch soil layer at or near the surface that is saturated for 30 consecutive days or more during the growing season in most years and contains a minimum of 20% organic matter when no clay is present or a minimum of 30% organic matter when 60% or greater clay is present. In general, a histic epipedon is a thin horizon of peat or muck if the sod has not been plowed.

[b]

Gleying or mottling with a soil matrix chroma of less than or equal to two in mineral soils, determined as follows: Soil samples shall be taken at approximately 18 inches in depth or immediately below the A horizon, whichever is higher in the soil profile, and the sample shall be moistened if dry at the time of examination. Munsell soil color charts shall be used to record soil matrix color and mottle color (i.e., hue, value and chroma). Munsell soil charts shall be used to establish the presence or absence of gleying. The following diagnostic soil key shall be applied to confirm whether the colors in the soil matrix are indicative of hydric soil conditions:

[i]

Soil is mottled:

[A]

Matrix is gleyed: hydric.

[B]

Matrix is not gleyed:

	{1}	Matrix chroma is less than or equal to two: hydric.
	{2}	Matrix chroma is greater than two: not hydric.

[ii]

Soil is not mottled:

[A]

Matrix is gleyed: hydric.

[B]

Matrix is not gleyed:

	{1}	Matrix chroma is less than or equal to one: hydric.
	{2}	Matrix chroma is greater than one: not hydric.

[c]

Hydrogen sulfide odor.

[d]

Iron or manganese concretions occurring as small aggregates near the soil surface.

[e]

Ferrous iron.

(c)

Hydrologic indicators. The following indicators of wetland hydrology may be used to confirm that a site with hydrophytic vegetation and hydric soils still exhibits hydrologic conditions typically associated with such vegetation and soils but shall not be used to determine wetland boundaries:

Recorded data, such as tide gauges, stream gauges, flood predictions, aerial photographs or other historical data.

[2]

Visual observation of inundation.

[3]

Visual observation of soil saturation within the upper 12 inches of soil.

[4]

Sediment deposits as a result of flooding.

[5]

Drift lines as a result of flooding.

[6]

Surface scouring as a result of flooding.

[7]

Wetland drainage patterns, such as meandering.

WETLAND HYDROLOGY

The sum total of wetness characteristics in areas that are inundated or have saturated soils for a sufficient duration to support hydrophytic vegetation.

VEGETATION REMOVAL

The removal of any vegetation within the wetland or wetland buffer.

§ 167-4 Activities subject to regulation.

No activity shall be conducted in a wetland or wetland buffer, unless identified in § 167-4A as an exempt activity, without a written permit from the approval authority and full compliance with the terms of this chapter and other applicable regulations. The Planning and Engineering Departments will make the final determination of which category below that an activity falls under. All proposed activities for the subject property must be reviewed cumulatively to determine the extent of disturbance proposed.

Exempt activities. The following uses shall be permitted as-of-right within a wetland or wetland buffer to the extent that they are not prohibited or regulated by any other law, ordinance or regulation and to the extent that they do not constitute a pollution or erosion hazard or interfere with proper drainage and provided that they do not require structures, grading, fill, draining or dredging:

Normal ground maintenance, including mowing, trimming of vegetation and removal of dead or diseased vegetation around a residence but excluding the use of fertilizers, pesticides and herbicides.

Repair of existing walkways, walls, fences, driveways and roadways, although not including a change in the surface material.

Public health activities, orders and regulations of the Westchester County Department of Health or the New York State Department of Health for emergencies only.

Deposition or removal of natural products of wetlands in the process of recreational or commercial fishing, shellfishing, aquaculture, hunting or trapping, but excluding excavation and removal of peat or timber.[1]

Editor's Note: Former Subsection A(5) and (6), which permitted in wetlands or wetland buffers certain cleaning and maintenance activities related to fire ponds, sediment traps and stormwater detention basins, was repealed 11-8-2007 by L.L. No. 11-2007.

Regulated activities subject to review of Planning Board. Regulated activities subject to review of the Planning Board include all activities within a wetland or wetland buffer other than those specified in § 167-4A and C and may be permitted upon written application to the approval authority. These regulated activities include but are not limited to:

Placement or construction of any structure, roadway, or driveway, including a change in surface material.

Any form of draining, dredging, excavation or removal of material, either directly or indirectly.

Any form of dumping, filling or depositing of material, either directly or indirectly, including silts, sediments or other materials.

Installation of any service lines, cable conduits, or other utilities.

Introduction of any form of pollution, including but not limited to the installation of a septic tank or infiltration 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.

(6)

Alteration or modification of natural features and contours, or the alteration or modification of natural aesthetic values.

(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)

Clearing, as defined in Chapter 156 of the Code of the Town of Somers.

(11)

Removal or cutting of any vegetation except as permitted in § 167-4A.

(12)

Deposition or introduction of organic or inorganic chemicals, including herbicides, pesticides and fertilizers.

(13)

Grazing of one or more horses or other animal and any agricultural activity which involves draining or excavation of a wetland, except as permitted in § 167-4A, to the extent that this does not conflict with state agricultural laws.

(14)

Decorative landscaping and planting in wetland buffers.

(15)

Discharges or other activities which may cause thermal changes to the water supply.

(16)

Introduction of any non-native species of vegetation, either directly or indirectly, other than as may be allowed by state or federal regulation.

(17)

Any other activity that may impair the natural function(s) of a wetland or the benefits derived therefrom, as described in § 167-1.

Regulated activities subject to administrative permit. The following activities, when proposed for silviculture or a single-family residential parcel, are determined by this chapter to be limited in scope and limited in potential impact. The approval authority for applications to conduct these activities shall be the Town Engineer. Before issuing any administrative permit, the Town Engineer shall review the administrative permit application with the Administrative Permit Review Team, which shall include the Town Planner, an Open Space Committee member selected by such Committee, the Building Inspector and the Town's environmental inspector or consultant. The Town Engineer may, at his or her discretion, refer any application for an administrative wetland activity permit to the Planning Board for its review and action. Activities for which an application may be made for an administrative permit are:

[Amended 3-11-2004 by L.L. No. 3-2004; 11-8-2007 by L.L. No. 11-2007; 9-10-2009 by L.L. No. 8-2009; 5-17-2012 by L.L. No. 3-2012]

Removal of water-deposited silt, sand and other material to restore preexisting land elevations and restoration of storm and erosion damage.

Construction, maintenance and replacement of driveways and driveway culvert pipes within regulated areas, to serve an existing residential home and other supporting improvements not located within the wetlands.

The application of nonpolluting chemicals and dyes for the purpose of maintenance.

Customary improvements associated with a single-family residential parcel, including but not limited to the installation of a deck, storage shed, an aboveground swimming pool, installation of a fence, provided that these improvements are proposed only within the buffer area of a wetland.