As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE PERMITA permit issued by the Building Inspector for certain activities in wetlands, as listed in §
340-4C, which have been determined by this chapter to be limited in scope and limited in potential impact on wetlands. The Building Inspector may refer any administrative wetlands permit to the Town Wetland Consultant for review and report.
[Amended 5-12-2021 by L.L. No. 2-2021]
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 AUTHORITYThe 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:
(1) The Planning Board of the Town of North Castle for any wetlands activity requiring a permit as specified in §
340-4B and for any activity included on plans submitted to the Planning Board for approval under other procedures, such as subdivision, site plan, or special use permit applications.
The Building Inspector of the Town of North Castle for any wetlands activity requiring an administrative permit as specified in §
340-4C.
[Amended 5-12-2021 by L.L. No. 2-2021]
BOUNDARY OF A WETLANDThe outer limit of the soils and/or vegetation as defined under "wetland/freshwater wetland."
CLEARINGAs defined in Chapter
308, Trees, Article
II, of the Code of the Town of North Castle; any cutting of more than five trees of eight inches in diameter or more in any one-quarter-acre area, within a twelve-month period, with such area being measured as a square with each side measuring 104 feet.
The duly appointed Conservation Board of the Town of North Castle, created pursuant to §§
239-x and
239-y of the General Municipal Law.
To construct a new wetland, often by excavating and/or flooding land not previously occupied by a wetland.
CRITICAL ENVIRONMENTAL AREA (CEA)Established in accordance with provisions 6 NYCRR
617.4(h) by the Westchester County Board of Legislators as Chapter 694 of the Westchester County Charter adopted on October 16, 1989. Effective date of CEA designation as determined by the New York State Department of Environmental Conservation: January 31, 1990. The potential impact of any Type I or unlisted action on the environmental characteristics of the CEA is a relevant area of environmental concern and must be evaluated in the determination of significance pursuant to SEQRA. In North Castle: Byram Lake (inclusive of all lands within the immediate tributary drainage area/watershed), Mianus River (NYSDEC "A" for drinking water purposes, inclusive of 500 feet on either side of the bank of the river, or the edge of the freshwater wetland, as defined by NYSDEC, if greater than 500 feet), Mianus Gorge Preserve (inclusive of 500 feet from the river/reservoir, whichever is greater). CEA designation also includes Westchester County parklands (Bronx River Parkway Reservation, Cranberry Lake Preserve, Kensico Dam Plaza, Silver Lake Park and Wampus Pond Park).
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.
DEPOSITTo fill, grade, discharge, emit, dump or place any material or the act thereof.
DISCHARGEThe emission of any water, substance or material into a wetland or wetland buffer, whether or not such substance causes pollution.
DOMINANT(S) or DOMINANCEA 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.
DRAINTo deplete or empty of water by drawing off by degrees or in increments.
DREDGETo excavate or remove sediment, soil, mud, peat, muck, sand, shells, twigs, leafy litter or other decomposing vegetation, gravel or any other material.
ENHANCEMENTThe repair of a wetland in which some functions have been degraded or lost, such that the degraded wetland functions are restored.
ENVIRONMENTAL MAP OF NORTH CASTLEThe 2012 map prepared by Kellard Sessions Consulting, P.C., showing watersheds, wetlands, watercourses, water bodies, steep slopes, critical environmental areas, and property lines in North Castle. The features depicted on the Environmental Map of North Castle provide general guidance only and are intended only for general planning purposes. It is not site-specific.
EXCAVATETo dig out and remove any material from a wetland, watercourse or wetland buffer.
FACULTATIVE SPECIESVegetative 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.
FRESHWATER WETLANDS MAPThe final freshwater wetlands map for Westchester County promulgated by the Commissioner of the New York State Department of Environmental Conservation pursuant to § 24-0301, Subdivision 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.
To adjust the degree of inclination of the contours of the land, including leveling, smoothing and other modification of the natural land surface.
GROWING SEASONThe 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 SOILA soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic (absence of air or free oxygen) conditions in the upper part and as further defined under "wetland."
MATERIALLiquid, 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.
MITIGATIONThe creation or substantial improvement of wetlands and wetland buffers in nonregulated areas, in degraded wetland areas, or in wetland buffer areas to lessen, ease or replace the functional capacity of existing wetlands or wetland buffers that is lost or adversely impacted 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 §
340-9.
[Amended 4-11-2018 by L.L. No. 2-2018]
The plan prepared by the applicant pursuant to §
340-9 when the applicant has demonstrated that either losses or adverse impacts to the wetland or wetland buffer are necessary and unavoidable as defined in §
340-8D and have been minimized to the maximum extent practicable. The mitigation plan shall compensate for unavoidable wetland losses or adverse impacts at a ratio of not less than two for one, i.e., two acres of created wetland for every one acre of wetland loss or adverse impact. The mitigation plan shall also compensate for unavoidable wetland buffer losses or adverse impacts at a ratio of two for one, unless the approval authority determines that such mitigation is not feasible.
[Amended 4-11-2018 by L.L. No. 2-2018]
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 SPECIESPlant 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 SPECIESPlant 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.
PERMITThe form of written approval associated with a wetland permit, site or subdivision plan issued by the Town of North Castle 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 Building Inspector in consultation with the Town Wetland Consultant.
PHYSICAL COMPLETIONThe actual completion of construction activities related to a regulated activity, including filling, erecting structures, or other improvements or development activities.
POLLUTIONAny 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.
PROJECTAny proposed or ongoing action which may result in direct or indirect physical or chemical impact on a wetland, watercourse, water body or wetland or watercourse buffer, including but not limited to any regulated activity.
REMOVETo dig, trench, dredge, suck, bulldoze, dragline, blast or otherwise excavate or grade.
RENDERING UNCLEAN OR IMPUREAny 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.
RESIDENTIAL PROJECT REVIEW COMMITTEE (RPRC)The committee established pursuant to Chapter
12, Article
IV, of the Town of North Castle Code to review all applications for any residential permit (including, but not limited to, building permits, steep slope permits, wetlands permits and pool permits, but excluding permits only relating to interior alterations/renovations) to determine whether a permit application will require Planning Board, and/or Architectural Review Board approval, and/or Conservation Board approval. The Committee is intended to streamline the residential review process by having the RPRC quickly review incoming residential projects.
To reclaim a disturbed or degraded wetland, watercourse or related buffer areas in order to bring back one or more functions that have been partially or completely lost by such actions as draining or filling.
SOIL SCIENTISTA 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.
STRUCTUREAnything 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.
SUBDIVISIONThe 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.
WATERCOURSEAny 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 North Castle. For the purposes of this definition, "intermittent" shall mean discernible channels which show evidence of annual deposition or scour but which do not carry flow year round. 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 STANDARDSAs 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 U.S. EPA Clean Water Act Section 303(c).
The zone of saturation at the highest average depth during the wettest season.
WETLAND or FRESHWATER WETLANDWetlands, regardless of size, including vernal/woodland pools:
(1) Those geographic areas of the Town of North Castle which meet the technical criteria, field indicators and other sources of information as outlined in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January 1989) published by the Federal Interagency Committee for Wetland Delineation, 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, and USDA Natural Resources Conservation Service, Washington, D.C. Cooperative technical publication (76 pages plus appendixes). For purposes of this chapter, "wetlands" is defined as those areas that have a predominance of hydric soils and/or are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions. Wetlands possess three essential characteristics: hydrophytic vegetation, hydric soils, and wetland hydrology. These characteristics are generally described below and are more thoroughly described in the 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
(a) HYDROPHYTIC VEGETATION Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. Nearly 7,000 vascular plant species have been found growing in U.S. wetlands (Reed 1988). Out of these, only about 27% are "obligate wetland" species that nearly always occur in wetlands under natural conditions. This means that the majority of plant species growing in wetlands also grow in nonwetlands in varying degrees.
HYDRIC SOILSSoils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. In general, hydric soils are flooded, ponded, or saturated for usually one week or more during the period when soil temperatures are above biologic zero [41° F. as defined by Soil Taxonomy (U.S.D.A. Soil Survey Staff 1975)]. These soils usually support hydrophytic vegetation.
WETLAND HYDROLOGYPermanent or periodic inundation, or soil saturation to the surface, at least seasonally, are the driving forces behind wetland formation. The presence of water for a week or more during the growing season typically creates anaerobic conditions in the soil, which affect the types of plants that can grow and the types of soils that develop. Numerous factors influence the wetness of an area, including precipitation, stratigraphy, topography, soil permeability, and plant cover. All wetlands usually have at least a seasonal abundance of water. This water may come from direct precipitation, overbank flooding, surface water runoff due to precipitation or snow melt or groundwater discharge. The frequency and duration of inundation and soil saturation vary widely from permanent flooding or saturation to irregular flooding or saturation.
Watercourses and water bodies shall be encompassed under the term "wetland" as used in this chapter.
"Wetland or 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 24.
Wetland areas depicted on the Environmental Map of North Castle (provides general guidance only and is intended only for general planning purposes; it is not site-specific).
WETLAND HYDROLOGYThe sum total of wetness characteristics in areas that are inundated or have saturated soils for a sufficient duration to support hydrophytic vegetation.
WETLAND, WATER BODY, AND WATERCOURSE BUFFER (ADJACENT AREA)The wetland buffer is a specified area surrounding a wetland that is intended to provide some degree of natural protection to and separation of 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 if, within such buffer area, there is an area of slope in excess of 25%, the buffer area shall be expanded to include the lesser of either 150 feet or the entirety of the area of 25% or greater slope which drains down toward the wetland, water body or watercourse.