As used in this chapter, the following terms shall
have the meanings indicated:
APPLICANT
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, who has a request for a permit to conduct a regulated activity
before the approval authority.
APPROVAL AUTHORITY
The administrative board or public official empowered to
grant or deny permits under this chapter, to require a posting of
bonds as necessary and to revoke or suspend a permit where lack of
compliance to the permit is established. The approval authority shall
be the Planning Board of the Town of Yorktown, which shall act as
the approval authority on all permit applications.
AQUICULTURE
Cultivating and harvesting products, including timber and
vegetation, that are produced naturally in conservation areas, but
does not include excavation fillings, dredging, mining or the construction
of any buildings or any structures.
CONSERVATION BOARD
The duly appointed Conservation Board of the Town of Yorktown,
as created pursuant to § 239 of the General Municipal Law.
DATE OF RECEIPT OF APPLICATION BY APPROVAL AUTHORITY
An application shall be deemed received by the approval authority
on the date of the first regular meeting of the approval authority
following the filing of the application and supporting plans pursuant
to the provisions of law.
DEPOSIT
To fill, grade, discharge, emit, dump or place any material
or the act thereof.
DISCHARGE
The emission of any water, substance or material into a conservation
area 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 aggregate.
ECOLOGIST/BOTANIST
A person having special knowledge by reason of education
and work experience of the physical, chemical and biological sciences
related to the physiology, identification and distribution of native
plants and vegetative associations and of methods to describe, classify
and delineate vegetative species and associations to a degree acceptable
to the Conservation Board and to the approval authority.
ENVIRONMENTAL CLERK
An employee of the Town of Yorktown, or an independent contractor
engaged by the Town of Yorktown, designated to perform, inter alia,
the duties of the Environmental Clerk, as set forth in this chapter.
ENVIRONMENTAL CODE INSPECTOR
The duly appointed town official(s) charged with the duty of inspecting and enforcing the environmental laws of the Town of Yorktown, including but not limited to Chapter 165, Erosion and Sediment Control, Chapter
178, Freshwater Wetlands, and this chapter
EXCAVATE
To dig out and remove any material.
GRADING
To adjust the degree of inclination of the natural contours
of the land, including leveling, smoothing and other modification
of the natural land surface.
MATERIAL
Liquid, solid or gaseous substances, including but not limited
to soil, silt, gravel, rock, clay, peat, mud, debris and refuse; organic
or inorganic compound, chemical agent or matter; sewage sludge or
effluent; or industrial or municipal solid waste.
NATURAL MATERIAL
Material existing on the site at the time the conservation
easement was created, excluding plastic, paper, metals and rubber.
PERMIT
That form of written municipal approval required by this
chapter for the conduct of a regulated activity within a conservation
area.
PLANNING BOARD
The duly appointed Planning Board of the Town of Yorktown
as created pursuant to § 271 of the Town Law.
PROJECT
Any proposed or ongoing action which may result in direct
or indirect physical or chemical impact on a conservation area, including
but not limited to any regulated activity.
REMOVE
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or grade or the act thereof.
SOIL SCIENTIST
A person having special knowledge by reason of education
and work experience of the physical, chemical and biological sciences
applicable to the genesis and morphology of soils as natural bodies
and of the methods to describe, classify and map soil units, to a
degree acceptable to the Conservation Board and to the approval authority.
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
The 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.
STRUCTURE
Anything constructed or erected, 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, tree houses,
tennis courts, swimming pools, poles, fences, pipes and lines.
TOWN
The Town of Yorktown.
TOWN BOARD
The duly elected Town Board of the Town of Yorktown.
TOWN CLERK
The duly elected Town Clerk of the Town of Yorktown.
TOWN ENGINEER
Any person employed by the Town of Yorktown as the Town Engineer.