The following terms, phrases or words and their
derivations shall have the meanings given herein:
A permit issued by the Town Engineer for activities in controlled areas or minimum activity setback areas where such activities are found by this chapter to be limited in scope and in potential impact on such areas, as determined by the Water Control Commission with regard to applications concerning activities listed under § 63-8C. For purposes of complying with the State Environmental Quality Review Law, the granting of such permit shall be considered an exempt action as defined in Part 617.2.
The act of raising crops or livestock for economic gain,
excluding the raising of horses, as further defined in 6 NYCRR 663.2(c).
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof.
The cutting of more than 1/2 of the existing living trees
measuring more than six inches in diameter at the base in an area
1/4 acre or more over the period of five consecutive years.
General boundaries of "controlled areas" are shown on the
Freshwater Wetlands Maps and other local environmental maps. Finite
boundaries of the "controlled areas" will be established when requested
by the Water Control Commission, following the appropriate field work
by qualified staff members of the Westchester County Soil and Water
Conservation District, the New York Department of Environmental Conservation
or other qualified individuals approved by the Water Control Commission.
"Controlled areas" shall be defined as the following:
Ponds, lakes, reservoirs (water bodies). Those
areas of permanent water retention fed by springs or natural drainage
systems,
Natural drainage systems. Rivers, streams, creeks and brooks which contain running water at least six months a year. The "controlled area" of such natural drainage systems shall be that area between the tops of the banks of the watercourse. In the absence of adjoining wetlands, as defined in Subsection C, the minimum activity setback shall be measured from the top of the bank of the watercourse.
Wetlands. Those geographical areas of 1/4 acre
or more covered with shallow and sometimes temporary or intermittent
waters (commonly referred to as "marshes, swamps and bogs"), including
wetlands as shown on the Freshwater Wetlands Map, as such map may,
from time to time, be amended, filed by the Commissioner of the Department
of Environmental Conservation pursuant to the Freshwater Wetlands
Act of the State of New York. The following categories shall apply:
Freshwater meadows. Areas without standing water
during the growing season but with waterlogged soil and with at least
50% of the vegetation in the area consisting of but not limited to
the following characteristic vegetation: cattails (Typha species),
rushes (Juncus species) and sedges (Carex species), rice cut-grass
(Leersia oryzoides), reed canary grass (Phalaris arundinace), swamp
loosestrife (Decodon verticillatus) and spikerush (Eleocharis species)
often growing in tussocks.
Inland shallow freshwater marshes. Areas with
waterlogged soil during the growing season covered with up to six
inches of water and with at least 50% of vegetation in the area consisting
of but not limited to the following characteristic vegetation: bulrushes
(Scirpus species), spikerushes (Eleocharis species), cattails (Typha
species), arrowhead (Sagittaria species), smartweed (Polygonum scandens),
pickerelweed (Pontederia cordata) bur reeds (Sparganium species),
purple loosestrife (Lythrum salacaria), swamp loosestrife (Decodon
verticillatus) and water plantain (Alisma plantago-aquatica), arrow
arum (Peltrandra virginica) and sedges (Carex species).
Inland deep freshwater marshes. Soil covered
with six inches to three feet of water and with at least 50% of the
vegetation in the area consisting of but not limited to the following
characteristic vegetation: cattails (Typha species), reeds (Phragmites
communis), bulrushes (Scirpus species), spikerushes (Eleocharis species),
bur reeds (Sparganium species), purple loosestrife (Lythrum salicaria),
swamp loosestrife (Decodon verticillatus) and water plantain (Alisma
plantago-aquatica), water lily (Nymphaea odorata), water shield (Brasenia
schreberi) and spatterdock (Nuphar species), duckweed (Lemna species),
big duckweed (Spirodela polyrhiza), watermeal (Wolffia species) and
wild rice (Zizania aquatica).
Shrub swamps. Areas with waterlogged soil covered
with up to six inches of water and with at least 50% of the vegetation
in the area consisting of but not limited to the following characteristic
vegetation: alders (Alnus species), willows (Salix species), buttonbush
(Cephalanthus occidentalis), red twig dogwoods (Cornus stolonifera),
silky dogwood (Cornus amomum), bog rosemary (Andromeda glaucophylla)
and leatherleaf (Chamaedaphne calyculata).
Wooded swamps. Areas with waterlogged soil covered
with up to one foot of water and with at least 50% of the vegetation
in the area consisting of but not limited to the following characteristic
vegetation: red maple (Acer rubrum), silver maple (Acer saccharinum),
sour gum (Nyssa sylvatica), tamarack (Larix laricina), northern white
cedar (Thuja occidentalis) and Atlantic white cedar (Chamaecyparis
thyoides).
Bogs. Areas characterized by an accumulation
of sphagnum moss (Sphagnum species) as peat and with at least 50%
of the vegetation in the area consisting of but not limited to the
following characteristic vegetation: Atlantic white cedar (Chamaecyparis
thyoides), pitcher plant (Sarrancenia purpurea), bog rosemary (Andromeda
glaucophylla) and cranberries (Vaccinium macrocarpon and Vaccinium
oxycoccos).
Submergent vegetation. Includes but is not limited
to pondweeds (Potamogeton species), naiads, (Najas species), bladderworts
(Utricularia species), wild celery (Vallisneria americana), coontail
(Ceratophyllum demersum), water milfoils (Mytriophyllum species),
muskgrass (Chara species), stonewort (Nitella species), waterweeds
(Elodea species) and water smartweed (Polygonum amphibium).
Floodplains. Flat, low-lying areas bordering
a river or stream which are seasonally flooded and with at least 50%
of the vegetation in the area consisting of but not limited to the
following characteristic vegetation: red maple (Acer rubrum), elms
(Ulmus species), alders (Alnus species), willows (Salix species),
black spruce (Picea mariana), swamp white oak (Quercus bicolor), red
ash (Fraxinus pennsylvanica) and red twig dogwoods (Cornus species);
and areas of special flood hazard as defined by the Federal Insurance
Administration on the latest Flood Hazard Boundary Maps on file at
the Pound Ridge Town House office of the Building Inspector.
Upland drainage areas. Areas of seasonally,
sometimes steep, waterlogged soil containing small permanent or intermittent
streams or occurring at the beginning of a drainage sequence and with
at least 50% of the vegetation in the area consisting of but not limited
to the following characteristic vegetation: red maple (Acer rubrum),
elms (Ulmus species), dogwoods (Cornus stolonifera), spicebush (Lindera
benzoin), summer sweet (Clethra alnifolia), jewelweed (Impatiens capensis),
sensitive fern (Onoclea sensibilis), cinnamon fern (Osmunda cinnamomea)
and skunk cabbage (Symplocarpus foetidus).
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, 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.
Poorly drained soils. Those areas with somewhat
poorly drained, poorly drained and very poorly drained soils as provided
by data of the United States Department of Agriculture Soil Conservation
Service, including but not limited to the following classifications,
as may be updated or amended by the Soil Conservation Service from
time to time:
|
Soils List
| |
|---|---|
|
25
|
Sun
|
|
27
|
Sun extremely stoney
|
|
28
|
Fredon
|
|
35
|
Raynham
|
|
101
|
Carlisle
|
|
103
|
Freshwater marsh
|
|
251
|
Ridgebury
|
|
311
|
Fluvaquent
|
|
1011
|
Palms
|
|
1251
|
Leicester
|
|
1252
|
Leicester, stoney
|
To fill, place, eject or dump any liquid, solid or gaseous
material or the act thereof, but not including stormwater.
The final Freshwater Wetlands Map promulgated by the New
York State Department of Conservation as defined in 6 NYCRR 663.2(p).
The raising of vegetables, berries and other edible items
for the use of the homeowner, when such endeavor is not for the purpose
of economic gain.
Substances including but not limited to soil, silt, gravel,
rock, sand, clay, peat, mud, debris and refuse, any organic or inorganic
compound, chemical agent or matter (excluding pesticides, herbicides,
algaecides and agricultural or radioactive wastes to the extent that
the same are exempt or regulated exclusively by the state), sewage,
sewage sludge or effluent or solid waste (industrial or municipal).
The minimum buffer area required by this chapter between a proposed activity and a controlled area, as defined herein. "Minimum activity setbacks" shall be 150 feet, measured horizontally. Proposed activities within the "minimum activity setbacks" described above are subject to permits as described in Articles IV and V. Proposed activities outside of the "minimum activity setbacks" described above are exempt from this chapter.
See "applicant."
The presence in the environment of human-induced conditions
or contaminants in quantities or characteristics which are or may
be injurious to human, plant or animal life or to property.
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or regrade; or the act thereof.
A law pursuant to Article 8 of the New York Environmental
Conservation Law providing for environmental quality review of actions
which may have a significant effect on the environment.
The Town Board of the Town of Pound Ridge.
Any person employed as the Town Engineer.
The Water Control Commission of the Town of Pound Ridge (hereinafter
referred to as the "Commission"), which acts as the review and approval
authority for all permits issued under this chapter, except for applications
received and approved by the Town Engineer in accordance with this
chapter.
A permit authorized by the Water Control Commission for activities
in controlled areas or minimum activity setback areas which are defined
by this chapter as prohibited without a permit from the Commission
(hereinafter referred to as the "permit").
