As used in this chapter, the following terms
shall have the meanings indicated:
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 of the definition of "freshwater wetlands" and the waters specified
in Subsection C of the definition of "freshwater wetlands" below.
ENVIRONMENTAL REVIEW BOARD
The Board of Trustees or any board of the Village which has
been designated by the Board of Trustees 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.
FRESHWATER WETLANDS [Amended 4-18-1988 by L.L. No. 3-1988]
Lands, submerged lands and waters in the Village as may be
shown on the Freshwater Wetlands Map prepared by or for the State
of New York and filed with the Village pursuant to § 24-0301
of NYSECL and as may be shown on freshwater wetlands maps the Village
shall prepare and any lands, submerged lands and 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 waterlogged 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)
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 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), wild rice (Zizania aquatica),
burreeds (Sparganium species), purple loosestrife (Lythrum salicaria),
swamp loosestrife (Decodon verticillatus) and water plantain (Alisma
plantago-aquatica).
(4)
Rooted, floating-leaved vegetation, including,
among others, waterlily (Nymphaea odorata), water shield (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 it
a competitive advantage over other openland vegetation, including,
among others, sedges (Carex species), rushes (Juncus species), cattails
(Typha species), rice cut-grass (Leersia oryzoides), reed canary grass
(Phalaris arundinacea), swamp loosestrife (Decodon verticillatus)
and spike rush (Eleocharis species).
(7)
Bog mat vegetation, including, among others,
sphagnum mosses (Sphagnum species), bog rosemary (Andromeda glaucophylla),
leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea)
and cranberries (Vaccinium macrocarpon and Vaccinium oxycoccos).
(8)
Submergent vegetation, including, among others,
pondweeds (Potamogeton species), naiads (Naias species), bladderworts
(Utricularia species), wild celery (Vallisneria americana), coontail
(Ceratophyllum demersum), water milfoils (Myriophyllum 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 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 the lands underlying Subsection
C and all other ponds, streams and watercourses.
PARTY IN INTEREST
Includes 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
A 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 state or local government,
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, 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 Environmental
Review 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.
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 Environmental Review
Board may adopt, amend and repeal rules and regulations consistent
with this chapter as it deems necessary and proper to administer this
chapter.