The following terms, phrases, words and their derivatives shall
have the meanings given herein:
ADJACENT AREA
Any land in the Town of Hempstead immediately adjacent to
a freshwater wetland lying within 100 feet measured horizontally from
the boundary of a freshwater wetland or any such greater distance
as determined by the agency where necessary to protect and preserve
the wetland.
AGENCY
The Department of Conservation and Waterways of the Town
of Hempstead.
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 and of the waters specified in Subsection C of the definition
of "freshwater wetlands."
COMMISSIONER
The Commissioner of the Town of Hempstead Department of Conservation
and Waterways or a duly authorized representative.
FRESHWATER WETLANDS
The lands and waters lying within the boundaries of the Town
of Hempstead, as shown on the adopted freshwater wetlands map, which
contains 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)
Wetlands 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 occidentailis), bog rosemary (Andromeda giaucophylla)
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), bur reeds
(Sparganium species), 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), watershield (Brasenia schreberi) and spatter
dock (Nuphar species).
(5)
Free-floating vegetation, including among others duckweed (Lemna
species), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia
species).
(6)
Wetmeadow 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 oryzoides), red canary grass (Phalaris arundinacea),
swamp loosestrife (Decodon verticillatus) and spikerush (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 V. oxycoccos).
(8)
Submergent vegetation, including among others pondweeds (Potamogeton
species), naiads (Najas 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 and dead vegetation as set forth herein in Subsection
B, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
D.
The waters overlying the areas as set forth herein in Subsections
A and
B and the lands underlying the areas as set forth herein in Subsection
C.
FRESHWATER WETLANDS MAP
The map on which are indicated the boundaries of any freshwater
wetland and which has been filed with the Town Clerk of the Town of
Hempstead by the State Department of Environmental Conservation pursuant
to § 24-0301 of the State Environmental Conservation Law,
and the map on which the Commissioner has indicated the boundaries
of freshwater wetlands located within the Town of Hempstead pursuant
to § 24-0507 of the New York State Freshwater Wetlands Act.
LETTER OF PERMISSION
A written notification by the Commissioner to a person, issued
in response to a written request to conduct an activity in a wetland
or its adjacent area, indicating that the proposed activity meets
the description and standards identified in the minimum land use regulations
for that activity pursuant to 6 NYCRR 665.7(g). No freshwater wetlands
permit is required for such proposed activity.
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 §
165-5 of this chapter.
PERMIT
The written approval, issued by the Commissioner, where required for conducting a regulated activity in a freshwater wetland or adjacent area, as set forth in §
165-3.
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 humaninduced conditions
or contaminants in quantities or having 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 structures 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 §
165-1 of this chapter.
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.
TOWN
The Town of Hempstead.
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), such 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 and 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 by this chapter.