As used in this chapter, the following terms shall have the
meanings indicated:
APPROVING AUTHORITY
The Harbor Committee shall be the approving authority pursuant
to this chapter.
BLUFF
A bank or cliff with a precipitous or steeply sloped face
lying landward of the beach or body of water and having a bluff line
at least two feet higher than its base or toe. A bluff may extend
across all or part of a parcel.
BLUFF LINE
The natural land contour running along the top of a bluff
beyond which to landward the natural land contours resume a gradual
slope.
BUFFER ZONE
The distance between a wetland boundary and the closest permissible
location to such boundary for a regulated activity, as established
by the Approving Authority.
EROSION CONTROL STRUCTURES
Every structure sited in or under any body of water, or on
or near any shoreline, wetland, beach, or bluff adjacent thereto,
which is designed to reduce or prevent erosion of the shoreline or
the silting or filling in of a natural or dredged harbor or channel.
This definition shall be deemed to include all groins, jetties, seawalls,
revetments, bulkheads, breakwaters, gabions, and riprap, as well as
any other man-made fabrication or device, including one made of geotextile
tubes or sandbags, which is designed to reduce or prevent erosion.
FLOOR AREA, GROSS
The cumulative area in square feet of every story of a building
measured from interior wall to interior wall, excluding stairways,
cellars (used for storage only) and areas used solely for mechanical
equipment.
HORTICULTURALLY IMPROVED
Disturbed or artificial upland vegetative communities such
as mowed lawn, mowed lawn with trees and ornamental tree or shrub
landscapes, and vegetable or flower gardens that are created and maintained
by human activities to such a degree that the physical structure of
the substrate or species composition are substantially different from
the substrate and composition of a naturally vegetated site.
PRACTICABLE ALTERNATIVE
An alternative which is both available to the applicant and capable of fulfilling the overall purpose of the project. "Available and capable of being done" means the alternative is obtainable and feasible, in terms of reasonable costs, existing technology and best available measures (i.e., most up-to-date technology or the best designs, measures or engineering practices that have been developed or are commercially available), proposed use and project purpose. "Project purposes" shall be defined generally (e.g., construction of a single-family home). The purpose of evaluating practicable alternatives shall be to locate activities in compliance with the setback requirements prescribed herein to as great a degree possible so that impacts to the wetland are avoided to the maximum extent practicable. Where compliance to the setbacks prescribed herein cannot be met, the practicable alternative analysis may reduce the scale of the activity (including but not limited to a reduction in the size of a proposed structure), consistent with the project purpose, proposed use and permit issuance standards set forth in Chapter
285.
REPAIR
A customary, usual and normal activity to restore the sound
and good state of a structure, and the routine maintenance necessary
from time to time to keep a structure in a state of good repair, including
interior and exterior renovations which do not increase the gross
floor area or size of the existing structure. "Repair" does not include
demolition and reconstruction.
STRUCTURE
Anything constructed or erected on or under the ground or
upon another structure or building, including but not limited to buildings,
driveways, walkways, decks, patios (regardless of the method of construction),
parking areas (whether or not surfaced or improved), fences, walls,
retaining walls, berms, tennis and other playing courts, light fixtures,
swimming pools, hot tubs, sewage disposal and drainage devices, bulkheads,
revetments, jetties, docks, piers and any other improvement, fabrication,
impervious surface or other construction, whether or not intended
to be temporary, seasonal, or permanent.
WETLANDS
Includes tidal, freshwater and brackish wetlands as follows:
A.
(1)
Lands and submerged lands commonly called "brackish or intermediate
marshes" which occur along coastal rivers, streams, creeks, bays,
lagoons and coves where fresh and salt water mix, and which frequently
form a transition zone or very narrow band between tidal and coastal
fresh marshes. The vegetation of these marshes is highly varied due
to the broad range of salinities characteristic of this coastal wetland
type and often forms a continuum characterized by a gradual intermixing
of tidal and fresh marsh plants. These lands and waters can occur
at some distance inland from tidal watercourses and tidally flooded
salt marshes and are commonly dominated by aquatic or semiaquatic
vegetation of the following types, which depend upon intermittent
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other species:
(a)
Emergent vegetation, including, among others, bulrush (Scirpus
robustus), three square (Scirpus americanus), big cordgrass (Spartina
cynosuroides), salt meadow grass (Spartina patens), spike grass (Distichlis
spicata), purple loosestrife (Lythrum salicaria), soft-stemmed bulrush
(Scirpus validus), spike rushes (Eleocharis spp.), water hemp (Acnida
cannabina), Mock Bishop weed (Ptilimnium capillaceum), rose mallow
(Hibiscus moscheutos), seashore mallow (Kosteletzkya virginica), and
common reed (Phragmites spp.), provided that such common reed is underlain
by bog, peat, hydric or saturated soils, or is inundated by brackish
surface waters. Field indicators of wetland hydrology or inundation
shall include, among others, visual observation of inundation, visual
observation of soil saturation within 24 inches of the soil surface,
water marks (e.g., silt or pollen lines), drift lines (e.g., deposits
of waterborne debris), sediment deposits (e.g., sediment that settled
out of standing water on plant bases or objects on the ground), staining
or matting of soils, leaves or vegetation, drainage patterns in wetlands
(e.g., braided channels in wetlands, scouring of debris, evidence
of sheet flow), and local soil survey data (e.g., typical water table
depths, durations, and soil series mapped in the county). Field indicators
of bog, peat, hydric or saturated soils shall include characteristic
hydric soil profiles, horizons, composition, color, texture, odor,
moisture, taxonomy, and/or soil surveys.
(b)
Brackish meadow vegetation, including, among others, sensitive
fern (Onoclea sensibilis), halberd-leaved tearthumb (Polygonum arifolium),
impatiens (Impatiens capensis), American germander (Teucrium canadense),
marsh fern (Thelypteris palustris), soft-stemmed bulrush (Scirpus
americanus), purple loosestrife (Lythrum salicaria), bristly foxtail
(Setaria geniculata), purple gerardia (Agalinis purpurea) and slender
goldenrod (Solidago tenuifolia).
(c)
Scrub-shrub vegetation or woody vegetation typically less than
six meters (20 feet) tall, including shrubs, young trees and trees
or shrubs that are small or stunted because of environmental conditions,
including, among others, groundsel-tree (Baccharis halimifolia), swamp
rose (Rosa palustris), arrowwood (Viburnum dentatum), American elder
(Sambucus canadensis) and black gum (Nyssa sylvatica).
B.
(1)
Lands and submerged lands commonly called "marshes," "swamps,"
"sloughs," "bogs" and "flats" supporting aquatic or semiaquatic vegetation
of the following types, which depend upon seasonal or permanent flooding
or sufficiently waterlogged soils to give them a competitive advantage
over other species:
(a)
Wetland trees, including, among others, red maple (Acer rubrum),
willows (Salix spp.), black tupelo (Nyssa sylvatica), swamp white
oak (Quercus bicolor), Atlantic white cedar (Chamaecyparis thyoides),
white ash (Fraxinus americana), blue beech (Carpinus caroliniana)
and American elm (Ulmus americana);
(b)
Wetland shrubs, including, among others, alder (Alnus spp.),
buttonbush (Cephalanthus occidentalis), highbush blueberry (Vaccinium
corymbosum), sweet pepperbush (Clethra alnifolia), arrowwood (Viburnum
recognitum, V. dentatum), winterberry (Ilex verticillata), dogwoods
(Cornus spp.), inkberry (Ilex glabra) and leatherleaf (Chamaedaphne
calyculata);
(c)
Woodland herbaceous groundcovers and ferns, including, among
others, skunk cabbage (Symplocarpus foetidus), Canada mayflower (Maianthemum
canadense), cinnamon fern (Osmunda cinnamomea), sensitive fern (Onoclea
sensibilis), royal fern (Osmunda regalis), marsh fern (Dryopteris
thelypteris) and jack-in-the-pulpit (Arisaema triphyllum);
(d)
Emergent vegetation, including, among others, cattails (Typha
spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.),
wildrice (Zizania aquatica), bur-reeds (Sparganium spp.), purple loosestrife
(Lythrum salicaria), swamp loosetrife (Decodon verticillatus), water
plantain (Alisma plantago-aquatica) and common reed (Phragmites spp.),
provided that such common reed is underlain by bog, peat, hydric or
saturated soils or is inundated by fresh surface waters. Field indicators
of wetland hydrology or inundation shall include, among others, visual
observation of inundation, visual observation of soil saturation within
24 inches of the soil surface, water marks (e.g., silt or pollen lines),
drift lines (e.g., deposits of water-borne debris), sediment deposits
(e.g., sediment that settled out of standing water on plant bases
or objects on the ground), staining or matting of soils, leaves or
vegetation, drainage patterns in wetlands (e.g., braided channels
in wetlands, scouring of debris, evidence of sheet flow), and local
soil survey data (e.g., typical water table depths, durations, and
soil series mapped in the county). Field indicators of bog, peat,
hydric or saturated soils shall include characteristic hydric soil
profiles, horizons, composition, color, texture, odor, moisture, taxonomy,
and/or soil surveys.
(e)
Rooted floating-leaved vegetation, including, among others,
waterlily (Nymphaea odorata), water shield (Brasenia schreberi) and
spatterdock (Nuphar spp.);
(f)
Free-floating vegetation, including, among others, duckweed
(Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia
spp.);
(g)
Wet meadow vegetation, including, among others, sedges (Carex
spp.), rushes (Juncus oryzoides), reed canary grass (Phalaris arundinacea),
swamp loosestrife (Decodon verticillatus), spikerush (Eleocharis spp.),
joe pyeweed (Eupatorium purpureum) and boneset (Eupatorium perfoliatum);
(h)
Bog mat vegetation, including, among others, sphagnum mosses
(Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leather leaf
(Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea) and
cranberries (Vaccinium macrocarpon and V. oxycoccos); and
(i)
Submergent vegetation, including, among others, pondweeds (Potamogeton
spp.), naiads (Najas spp.), bladderworts (Utricularia spp.), wild
celery (Vallisneria americana), coontail (Ceratophyllum demersum),
water milfoils (Nitella spp.), water weeds (Elodea spp.) and water
smartweed (Poly gonum amphibium).
(2)
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, and provided further that such conditions
can be expected to persist indefinitely, barring human intervention;
(3)
Lands and waters substantially enclosed by aquatic or semiaquatic
vegetation as set forth in Subsection B(1) of this definition, the
regulation of which is necessary to protect and preserve the aquatic
and semiaquatic vegetation; and
(4)
The waters overlying the areas set forth in Subsection B(1)
and (2) and the lands underlying Subsection B(3).
C.
TIDAL WETLANDSAll lands lying in the area inundated by tidal action and/or peak lunar tides exhibiting salt marsh peat and saline or brackish soils at their undisturbed surface; all estuaries, tidal fresh marshes, salt meadow, tidal flats and littoral zones; and all lands which are dominated by one or more of the following plant species or associations: salt marsh cord grass (Spartina alterniflora), salt marsh hay (Spartina patens), spike-grass (Distichlis spicata), black grass (Juncus gerardi), saltwater cordgrass (Spartina alerniflora), saltwort (Salsola kali), glasswort (Salicornia spp.), sea lavender (Limonium carolinanus), salt marsh bulrush or chairmaker's rush (Scirpus spp.), sand spurry (Spergularia marina), groundsel bush (Baccharis halimifolia), high tide bush or marsh elder (Iva frutescens), spikerush (Eleocharis spp.), bent grass (Agrotis spp.), sea blite (Suaeda spp.), umbrella sedges (Fimbrisylis spp.), Rose-mallow (Hibiscus moscheutos), narrow-leaf cattail (Typha angustifolia), arrow-grass (Triglochin maritimum), pickerel weed, (Pontederia cordata), blue flag (Iris versicolor), softstem bulrush (Scirpus validus), tussock sedge (Carex stricta) and common reed (Phragmites spp.), provided that such common reed is underlain by bog, peat, hydric or saturated soils or is inundated by tidal waters. Field indicators of wetland hydrology or inundation shall include, among others, visual observation of inundation, visual observation of soil saturation within 24 inches of the soil surface, water marks (e.g., silt or pollen lines), drift lines (e.g., deposits of water-borne debris), sediment deposits (e.g., sediment that settled out of standing water on plant bases or objects on the ground), staining or matting of soils, leaves or vegetation, drainage patterns in wetlands (e.g., braided channels in wetlands, scouring of debris, evidence of sheet flow), and local soil survey data (e.g., typical water table depths, durations, and soil series mapped in the county). Field indicators of bog, peat, hydric or saturated soils shall include characteristic hydric soil profiles, horizons, composition, color, texture, odor, moisture, taxonomy, and/or soil surveys.
The Approving Authority with respect to any application submitted
under this chapter shall be the Harbor Committee.
No person shall undertake any of the following activities or
make any of the following improvements without first obtaining approval
from the Approving Authority pursuant to this chapter.
A. Wetlands, waters and beaches.
(1) Fill in or near. Place or deposit or permit to be placed or deposited
debris, fill, sand, gravel or any material, including structures,
into or upon or within 150 feet of any boundary of any wetland, watercourse,
tidal water or beach.
(2) Clear or dredge in or near. Clear, dig, dredge or in any other way
add to, alter or remove any material, including natural products,
from or within 150 feet of any boundary of any wetland, watercourse,
tidal water or beach.
(3) Construct in or near. Erect, construct, reconstruct, enlarge or alter
any structure, including but not limited to any groin, bulkhead, dock,
residence, accessory structure, road or other improvement whatsoever,
in, on or under or within 150 feet of any boundary of any wetland,
watercourse, tidal water or beach.
(4) Site new disposal systems or storage facilities in or near, including
voluntary upgrades, but excluding emergency repairs. Build, create
or install any new cesspool, septic tank, leaching field or other
in-ground sewage or other waste disposal or storage system, including
any pipe, conduit or other part thereof, or any aboveground or in-ground
holding tank for any liquid other than water and thereafter maintain,
operate or make use of the same in, upon or under or within 150 feet
of any boundary of any wetland, watercourse, tidal water or beach.
Emergency repairs include the minimum work necessary to repair or
replace the failed element of a sanitary system and do not include
replacement or substantial restoration of the system.
B. Bluffs. Perform any of the activities described in Subsection
A(1) through
(4) of this section (e.g., filling, clearing or digging of land or construction, erection, alteration or installation of structures) within 100 feet of the crest of the bluff.
The term of any wetlands permit issued under this chapter shall
be set by the Approving Authority for a definite period of not less
than one year nor more than three years. The expiration date shall
be clearly stated on the face of the permit.
The decision of the Approving Authority to approve or deny a
wetlands permit shall be considered the final decision of the Approving
Authority and the Village. Any person aggrieved by the issuance, denial,
suspension or revocation of a permit or by a civil penalty imposed
under this chapter may seek relief pursuant to Article 78 of the Civil
Practice Law and Rules of the State of New York. Such proceedings
shall be instituted within 30 days after the filing of a decision
by the Approving Authority in the office of the Village Clerk.