As used in this chapter, the following terms shall
have the meanings indicated:
[Amended 7-3-1989 by L.L. No. 4-1989]
ADMINISTRATIVE PERMIT
A permit application issued by the Town Clerk for the activities
in wetlands that are limited in scope and limited in potential impact
as determined by this chapter.
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.
APPROVING AUTHORITY
The Zoning Board, the Planning Board, the Town Board or the Town Engineer, as specified in §
39A-7 hereof.
AQUICULTURE
Cultivating 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.
BOUNDARIES OF A WETLAND, WATER BODY OR WATERCOURSE
The outer limit of the vegetation specified in Subsection
(1) of the definition of "wetlands" below, or of the land and waters
specified in Subsections (2), (3) and (4) of the definition of "wetlands"
below, or of the waters specified in the definitions of "water body"
and "watercourse" below, or of soils specified in Subsections (5)
and (6) of the definition of "wetlands" below.
CLEAR CUTTING
The cutting of more than 1/2 of the existing living trees
measuring more than six inches in diameter at a height of five feet
in an area of 1/4 acre or more over the period of two consecutive
years within a specified area.
COMPLETE APPLICATION
Any application having received preliminary approval from
the approval authority.
CONSERVATION COMMISSION
The duly appointed Conservation Commission of the Town of
Kent as created pursuant to § 239 of the General Municipal
Law.
CONTROLLED AREA
An additional buffer area surrounding a wetland that is also
subject to the regulations for wetlands as defined in this chapter.
The exact size of the "controlled area" shall be determined as follows:
(1)
For all wetlands, the "controlled area" shall
extend 100 feet away from the edge of the wetland.
(2)
The "controlled area" of natural drainage systems
includes all adjacent surfaces for 100 feet as measured from the bank
of the watercourse or has an elevation of less than three feet above
the normal waterline, whichever is greater.
DEPOSIT
To fill, place, eject or dump any liquid, solid or gaseous
material or the act thereof, but not including stormwater.
FRESHWATER WETLANDS MAP
The final Freshwater Wetlands Map, promulgated by the New
York State Department of Environmental Conservation as defined in
the Freshwater Wetlands Act, as may be amended from time to time.
MATERIAL
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,
algicides and agricultural or radioactive wastes to the extent that
the same are exempt or regulated exclusively by the State of New York);
sewage, sewage sludge or effluent; and industrial or municipal soil
waste.
PERMIT
That form of Town approval required by this chapter for the
conduct of a regulated activity within any area of the Town of Kent
defined as a wetlands and controlled area.
PERSON
See definition of "applicant."
PLANNING BOARD
The duly appointed Planning Board of the Town of Kent as
created pursuant to § 271 of the Town Law.
POLLUTION
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.
REMOVE
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or regrade or the act thereof.
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.
TOWN BOARD
The duly elected Town Board of the Town of Kent.
TOWN CLERK
The duly elected Town Clerk of the Town of Kent.
TOWN ENGINEER
Any person employed by the Town of Kent, as a Town Engineer
or, in lieu of the same, a consulting engineer employed by the Town
of Kent.
WATER BODY
Any body of standing water which exists at least nine months
of the year and which, when wet, is customarily more than 5,000 square
feet in water surface area.
WATERCOURSE
Any body of water flowing in an identifiable channel or course
at least nine months of the year.
WETLANDS
All lands and water in the Town of Kent which have a contiguous
area of at least 40,000 square feet and which contain any or all of
the following:
[Amended 6-19-2018 by L.L. No. 2-2018]
(1)
Lands and submerged lands commonly called "marshes,"
"swamps," "sloughs," "bogs" and "flats," whether flooded at all times,
flooded only seasonally or having a water table during at least three
consecutive months of the year within six inches of the ground surface
or supporting aquatic or semiaquatic vegetation of the types listed
in § 24-0107, Subdivision 1(a), of Article 24 of the Environmental
Conservation Law. The common names of these vegetative types are:
(a)
Wetland trees, which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other trees, including, among others,
red maple, willows, black spruce, swamp white oak, red ash, black
ash, silver maple, American elm and larch.
(b)
Wetland shrubs, which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other shrubs, including, among others,
alder, buttonbush, bog rosemary, dogwood and leatherleaf.
(c)
Emergent vegetation, including, among others,
cattails, pickerelweed, bulrushes, arrow arum, arrowheads, reeds,
wild rice, burreeds, purple loosetrife, swamp loosetrife and water
plantain.
(d)
Rooted, floating-leaved vegetation, including,
among others, waterlily, water shield and spatterdock.
(e)
Free-floating vegetation, including, among others,
big duckweed and watermeal.
(f)
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, rushes, cattails, rice cut-grass, reed canary
grass, swamp loosestrife and spike rush.
(g)
Bog mat vegetation, including among others,
sphagnum mosses, bog rosemary, leatherleaf, pitcher plant and cranberries.
(h)
Submergent vegetation, including, among others,
pondweeds, naiads, bladderworts, wild celery, coontail, water milfoils,
muskgrass, water weeds and water smartweed.
(2)
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 definitely, barring human intervention.
(3)
Lands and water substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection
(1) of this definition or by dead vegetation as set forth in Subsection
(2) of this definition, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
(4)
The water overlying the areas set forth in Subsections
(1) and
(2) of this definition and the lands underlying Subsection
(3) of this definition.
(5)
Lands and submerged lands containing sensitive
soils where the slope is less than 3% and where typical wetlands vegetation,
as defined in this section, and a groundwater table within six inches
of the surface for over three consecutive months in the year are found.
(6)
Soil types that are poorly drained, very poorly
drained, alluvial or floodplain soil as defined by the United States
Department of Agriculture Soil Conservation Service, including but
not limited to the following classifications:
25
|
Sun silt loam (includes formerly 291 Alden)
|
27
|
Sun extremely stony silt loam
|
28
|
Fredon loam
|
35
|
Raynham silt loam (formerly Wallington)
|
101
|
Carlisle muck
|
103
|
Freshwater marsh
|
108
|
Udorthents wet substratum
|
251
|
Ridgebury loam (formerly Massena)
|
252
|
Ridgebury very stony loam
|
311
|
Fluvaquents (formerly Cohoctah: included former
100 Rippowam and 31 Rummney)
|
1011
|
Palms muck
|
1251
|
Leicester loam (formerly 26 Leicester)
|
1252
|
Leicester very stony loam
|
WETLANDS INSPECTOR
The person appointed by the Town Board to administer and
enforce the provisions of this chapter.
ZONING BOARD
The Zoning Board of Appeals of the Town of Kent, New York.