This chapter shall be known as the "Freshwater
Wetlands Protection Law of the Town of Halfmoon."
It is declared to be the public policy of the
Town of Halfmoon to preserve, protect and conserve freshwater wetlands
and the benefits derived therefrom, to prevent the despoliation and
destruction of freshwater wetlands, and to regulate the development
of such wetlands in order to secure the natural benefits of freshwater
wetlands, consistent with the general welfare and beneficial economic,
social and agricultural development of the Town of Halfmoon. It is
further declared to be the policy of the Town of Halfmoon to exercise
its authority pursuant to Article 24 of the State Environmental Conservation
Law.
The following terms, phrases, words and their
derivatives shall have the meaning given herein:
ADJACENT AREA
Any land in the Town of Halfmoon immediately adjacent to
a freshwater wetland lying within the Town of Halfmoon, measured horizontally,
of the boundary of a freshwater wetland.
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 of the definition of "freshwater wetlands" in this section
and of the waters specified in Subsection C of such definition.
FRESHWATER WETLANDS
Lands and waters lying within the boundaries of the Town
of Halfmoon, as shown on a freshwater wetlands map, which contain
any or all of the following:
A.
Lands and submerged lands commonly called marshes,
swamps, sloughs, bogs, and flats supporting aquatic or semi-aquatic
vegetation of the following vegetative types:
(1)
Wetland trees, which depend upon seasonal or
permanent flooding or sufficiently water-logged soils to give them
a competitive advantage over other trees; including, among others,
red maple (Acer rubrum); willows (Salix spp.); black spruce (Picea
mariana); swamp white oak (Quercus bicolor); red ash (Fraxinus pennsylvanica);
American elm (Ulmus americana); and larch (Larix laricina);
(2)
Wetland shrubs, which depend upon seasonal or
permanent flooding or sufficiently water-logged soils to give them
a competitive advantage over other shrubs; including, among others,
alder (Alnus spp.); buttonbush (Cephalanthus occidentalis); bog rosemary
(Andromeda glaucophylla); and leatherleaf (Chamaedaphne calyculata);
(3)
Emergent vegetation, including, among others,
cattails (Typha spp.); pickerelweed (Pontederia cordata); bulrushes
(Scirpus spp.); arrow-arum (Peltandra virginica); arrowheads (Sagittaria
spp.); reed (Phragmites communis); wild rice (Zizania aquatica); bur-reeds
(Sparganium spp.); 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 spatterdock (Nuphar app.);
(5)
Free-floating vegetation, including, among others,
duckweed (Lemna spp.); big duckweed (Spirodela polyrhiza); and watermeal
(Wolffia spp.);
(6)
Wet meadow 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 spp.); rushes (Juncus spp.); cattails
(Typha spp.); rice cut-grass (Leersia oryzoides); reed canary grass
(Phalaris arundinacea); swamp loosestrife (Decodon verticillatus);
and spikerush (Eleocharis spp.);
(7)
Bog mat vegetation, including, among others,
sphagnum mosses (Sphagnum spp.); bog rosemary (Andromeda glaucophylla);
leatherleaf (Chamaedaphne calyculata); pitcher plant (Sarracenia purpurea),
and cranberries (Vaccinium macrocarpon and V. oxycoccos);
(8)
Submergent vegetation, including, among others,
pond weeds (Potamogeton spp.); naiads (Najas spp.); bladderworts (Utricularia
spp.); wild celery (Vallisneria americana); coontail (Ceratophyllum
demersum); water milfoils (Myriophyllum spp.); muskgrass (Chara spp.);
stonewort (Nitella spp.); waterweeds (Elodea spp.); and water smartweed
(Polygonum amphibium).
B.
Lands and submerged lands containing remnants
of any vegetation that is not aquatic or semi-aquatic 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 semi-aquatic vegetation as set forth herein in Subsection
A and dead vegetation as set forth in Subsection
B, the regulation of which is necessary to protect and preserve the aquatic and semi-aquatic vegetation.
D.
The waters overlying the areas as set forth in Subsections
A and
B and the lands underlying Subsection
C.
FRESHWATER WETLANDS MAP
A map on which are indicated the boundaries of any freshwater
wetland and which has been filed with the Clerk of the Town of Halfmoon
by the State Department of Environmental Conservation pursuant to
§ 24-0301 of the State Environmental Conservation Law.
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 §
87-7 of this chapter.
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 human-induced conditions
or contaminants in quantities or 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 §
87-3 of this chapter.
SELECTIVE CUTTING
The annual or periodic removal of trees, individually or
in small groups, in order to realize the yield and establish a new
crop and to improve the forest, which removal does not involve the
total elimination of one or more particular species of trees.
STATE AGENCY
Any state department, bureau, commission, board or other
agency, public authority or public benefit corporation.
STATE
The State of New York.
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 Halfmoon.
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; and
D. To hold hearings and subpoena witnesses in the exercise
of its powers, functions and duties provided for by this chapter.
This chapter shall take effect upon the filing
with the Clerk of the Town of Halfmoon of the final freshwater wetlands
map by the State Department of Environmental Conservation pursuant
to § 24-0301 of the New York State Environmental Conservation
Law applicable to any or all lands within the Town of Halfmoon.