As used in this chapter, the following terms shall have the meaning
indicated:
APPLICANT
Any individual, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, excluding
the Village of Ossining, who request the approval authority to issue
a permit or to whom a permit has been granted under the provisions
of this chapter.
APPROVAL AUTHORITY
The Village's agency(s) or public official(s) empowered
to administer the permit procedures of this chapter, as described
herein.
BUFFER AREA
The area extending 100 feet along the surface, away from
and around the perimeter of the outermost boundary of a wetland or
water body and 50 feet from the outermost boundary of a watercourse.
BUILDING INSPECTOR
The Building Inspector of the Village of Ossining and/or
his designee(s).
CHECK ZONES
One-hundred-foot zones around the regulated areas shown on
the Village's Wetland and Drainage Map. Due to the approximate
nature of mapped wetland boundaries, for those properties located
in these 100-foot zones where a regulated activity is proposed, as
defined in this chapter, the applicant must determine whether a wetland
permit is required.
DAMS AND WATER-CONTROL MEASURES
Barriers used to 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.
DEPOSIT
To fill, grade, discharge, emit, dump or place more than
1.5 cubic yards of any material or disturbing more than 150 square
feet, whichever is less.
DISCHARGE
The emission of any water, substance or material into a wetland,
watercourse or their buffers, whether or not such substance causes
pollution.
DRAIN
To deplete or empty of water by drawing off by degrees or
in increments.
DREDGE
To excavate or remove sediment, soil, mud, sand, shells,
gravel or other material within the wetland or watercourse.
EXCAVATE
To dig out and remove any material.
FILL
Includes road base, trench backfill, subbase bedding, trench
material and bedding, run-of-bank fill for septics, sand for concrete
and all other commonly used materials for construction delivered to
a site for purposes of filling in land or regrading.
FRESHWATER WETLANDS MAP, NEW YORK STATE
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 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.
GRADING
To adjust the degree of inclination of the natural contours
of the land, including leveling, smoothing, constructing or repairing
retaining walls, and other modification of the natural land surface.
GROWING SEASON
The portion of the year when soil temperatures are above
biologic zero (41° F. or 5° C.); the growing season for Westchester
County is March through October.
HYDRIC SOIL
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions that favor the
growth and regeneration of hydrophytic vegetation (U.S. Department
of Agriculture Soil Conservation Service 1985). Hydric soils that
occur in areas having positive indicators of hydrophytic vegetation
and wetland hydrology are wetland soils.
HYDROLOGY
The science dealing with the properties, distribution, and
circulation of water.
HYDROPHYTIC VEGETATION
The sum total of macrophytic plant life growing in water
or on a substrate that is at least periodically deficient in oxygen
as a result of excessive water content. When hydrophytic vegetation
comprises a community where indicators of hydric soils and wetland
hydrology also occur, the area has wetland vegetation.
IMPERVIOUS AREA
All impermeable surfaces that cannot effectively infiltrate
rainfall. This includes paved and concrete surfaces (i.e., parking
lots, driveways, roads, runways and sidewalks); porous pavers and
pervious pavement systems, unless designed as part of an acceptable
stormwater management practice; building rooftops; and miscellaneous
impermeable areas such as patios, pools, and sheds.
MATERIAL
All liquid, solid or gaseous substances.
PERMIT
The written municipal approval required by this chapter for
the conduct of a regulated activity within a wetland, watercourse,
water body or buffer area.
PROJECT
Any proposed or ongoing action which may result in direct
or indirect physical or chemical impact on a wetland or wetland buffer
including but not limited to any regulated activity.
REMOVE
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or grade.
STRUCTURE
For purposes of this chapter, anything constructed or erected
that requires a building permit, 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,
swimming pools and decks.
WATER BODY
Any natural or artificial pond, lake, reservoir or other
area which ordinarily or intermittently contains water and which has
a discernible shoreline, but not including a watercourse as defined
in this chapter or man-made water features or swimming pools not associated
with a wetland or watercourse.
WATERCOURSE
A body of water flowing in a defined bed or channel, with
banks and sides, having permanent sources of supply, uniform or interrupted.
WETLAND
(1)
Those areas within the Village of Ossining that are inundated
or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs,
vernal pools and similar areas.
(2)
Except with respect to the size of buffer areas as defined in
this section, the term "wetland," as used in this chapter, shall include
watercourses and water bodies.
WETLAND CONSULTANT
The Village wetland consultant, as appointed by the Village
Board, empowered to undertake the responsibilities set forth in this
chapter, or his/her designated representative.
WETLANDS AND DRAINAGE MAP
The most current Village of Ossining Wetlands and Drainage
Map, which shows the approximate location of areas classified as wetlands
and associated check zones. The map shall be reviewed and updated
by the Planning Department and certified annually by the Village Board.
This map is intended to provide general guidance in locating and determining
those areas which constitute wetlands, as defined herein, since large
areas of the Village may not be mapped at this time. The actual boundary
of a wetland shall be determined on a site-by-site basis and confirmed
by the approval authority.