The following terms, phrases and words and their derivatives shall have the meanings given herein:
ADJACENT AREAAll lands within 100 feet, horizontally, of the vegetative boundary of any freshwater wetland. The Town may establish an adjacent area broader than 100 feet where necessary to protect and preserve a wetland. Such an extension shall not become effective until the Town has provided the opportunity for public notice and hearing. The Town shall provide a minimum of 30 days' notice to the public, affected landowners, easement owners and the Commissioner of the New York State Department of Environmental Conservation.
AGRICULTURECultivating and harvesting products, including fish and vegetation, that are produced naturally in freshwater wetlands and installing cribs, racks and other in-water structures for cultivating these products, but does not include filling, dredging, peat mining or the construction of any buildings or any water-regulating structures such as dams.
ALTERAny form of draining, dredging, excavation, or removal of soil, mud, sand, shells, gravel or other aggregate; 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; and any other activity which substantially impairs any of the several functions served by freshwater wetlands or the benefits therefrom which are set forth in § 24-0105 of the
Environmental Conservation Law.
APPLICANTAny person who files an application for any permit issued by the Town pursuant to this chapter, and shall include the agent of the owner or a contract vendee.
BOUNDARY OF A WETLANDThe outer limit of the vegetation and the lands and waters as specified in the definition of "freshwater wetlands."
CLEAR-CUTTINGAny cutting of trees over six inches in diameter at breast height over any ten-year cutting cycle where the average residual basal area of such trees after such cutting is less than 30 square feet per acre, measured within the area harvested; provided, however, that where regeneration is assured by stand conditions such that after such cutting the average residual basal area of the trees at least one inch in diameter at breast height is at least 30 square feet per acre, measured within the area harvested, a clear-cut will not be deemed to have taken place unless the average residual basal area of trees over six inches in diameter at breast height is less than 10 square feet per acre, similarly measured.
EXEMPT ACTIVITYA. The activity of a farmer or landowner in:
(1) Grazing and watering livestock.
(2) Making reasonable use of water resources for agricultural purposes.
(3) The depositing or removal of the natural products of freshwater wetlands by recreational or commercial fishing, shellfishing, aquiculture, hunting or trapping.
(4) The selective cutting of trees.
(5) The clear-cutting of vegetation other than trees for growing agricultural products.
(6) Constructing winter truck roads of less than five meters (approximately 16 feet) in width for removing timber cut in accordance with Subsection A(4) of this definition, where construction is limited to cutting vegetation and compacting ice and does not alter water flows.
(7) Operating motor vehicles for agricultural purposes.
(8) Draining for growing agricultural products.
(9) Erecting structures, including fences, required to enhance or maintain the agricultural productivity of the land.
(10) Using chemicals and fertilizers according to normal, accepted agricultural practices in order to grow crops for human and animal consumption or use in or adjacent to wetlands, where authorized by other state, federal or local laws, including the application of stabilized sludge as a fertilizer when applied at agronomic loading rates in accordance with a valid 6 NYCRR
360 or
364 landspreading permit.
(11) Otherwise engaging in the use of wetlands for growing agricultural products such as crops, vegetables, fruits or flowers.
B. Public health activities, orders and regulations of the New York State Department of Health, provided that copies of all such orders or regulations affecting wetlands are filed with the Department of Environmental Conservation in advance.
C. Land use, improvement or development for which final approval was adopted prior to September 1, 1975, from the Town authority having jurisdiction over such land use.
D. Does not mean:
(2) Constructing roads that require moving earth or other aggregate or that alter water flow or in any way deviate from Subsection A(6) of this definition.
(3) Filling or deposition of spoil, even for agricultural purposes.
(5) Erecting structures not required to enhance or maintain the agricultural productivity of the land.
FILLINGDepositing any soil, stones, sand, gravel, mud, rubbish or fill of any kind.
FRESHWATER WETLANDSLands and waters of the Town, as shown on a Freshwater Wetlands Map filed with the Town Clerk, which contain any or all of the following:
A. Lands and submerged lands, commonly called "marshes," "swamps," "sloughs," "bogs" and "flats," supporting aquatic or semiaquatic vegetation of the following vegetative types:
(1) Wetland trees which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other trees.
(2) Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other shrubs.
(4) Rooted, floating leaved vegetation.
(5) Free-floating vegetation.
(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.
B. Lands and submerged lands containing remnants of any vegetation that is 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.
C. Lands and waters enclosed by aquatic or semiaquatic vegetation, as set forth herein in Subsection
A above, and dead vegetation, as set forth in Subsection
B above, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
D. The waters overlying the areas set forth in Subsections
A and
B and the lands underlying the areas set forth in Subsection
C.
FRESHWATER WETLANDS MAPAn official wetlands map, and any amendments thereto, promulgated by order of the Commissioner of the New York State Department of Environmental Conservation, pursuant to Title 3 of Article
24 of the Environmental Conservation Law, on which are indicated the approximate locations of the actual boundaries of regulated wetlands.
LETTER OF PERMISSIONA written notification by the Planning Department to a person, issued in response to a written request to conduct an activity in the wetland or its adjacent area, indicating that the proposed activity meets the description and standards identified in the minimum land use regulations for that activity. No freshwater wetlands permit is required for the proposed activity. These activities have been determined as being compatible with freshwater wetlands and not having a significant adverse impact on wetlands or their functions and benefits.
PARTY IN INTERESTAny person who files an application pursuant to this chapter or is permitted to intervene pursuant to this chapter, or any official within whose area is located the freshwater wetland or adjacent area which is the subject of an application for a freshwater wetlands permit.
PERMITThat form of Town Board approval required by this chapter for the carrying on of a regulated activity.
PERSONAny corporation, firm, partnership, association, trust, estate, one or more individuals and any unit of government or agency or subdivision thereof.
POLLUTIONThe presence in the environment of man-induced conditions or contaminants in quantities or characteristics which are injurious to humans, vegetation, wildlife or property.
PROJECTAny action resulting in direct or indirect physical impact on a freshwater wetlands, including but not limited to any regulated activity.
REGULATED ACTIVITYAny activity within a freshwater wetland or on the adjacent area which, directly or indirectly, may substantially alter or impair the natural condition of any freshwater wetlands, including 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 into or so as to drain into a freshwater wetland and any other activity which substantially impairs any of the several functions served by freshwater wetlands or the benefits derived therefrom.