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.