As used in this chapter, the following terms shall
have the meaning indicated:
APPLICANT
Any individual, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, excluding
the Town of Ossining and its governmental agencies, who request the
approval authority to issue a permit or to whom a permit has been
granted under the provisions of this chapter. This chapter shall only
serve as a guide to the Town of Ossining and its governmental agencies.
APPROVAL AUTHORITY
The town agency(s) or public official(s) empowered to administer
the permit procedures of this chapter, as described herein.
BOUNDARY OF A WETLAND
The outer limit of the soils, hydrology and/or vegetation
as defined under the term "wetland."
BUFFER AREA
An area surrounding a wetland, watercourse or water body
that is also subject to the regulations as specified herein.
DAMS AND WATER-CONTROL MEASURES
Barriers used to or intended to or which, even though not
intended, in fact do obstruct the flow of water or raise, lower or
maintain the level of water.
DEPOSIT
To fill, grade, discharge, emit, dump or place any material.
DISCHARGE
The emission of any water, substance or material into a wetland,
watercourse or their buffers, 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.
EXCAVATE
To dig out and remove any material.
FILL
Same as the term "deposit."
FRESHWATER WETLANDS MAP, NEW YORK STATE
The final freshwater wetlands maps for Westchester County
promulgated by the Commissioner of the New York State Department of
Environmental Conservation pursuant to § 24-0301, Subdivision
5, of the New York State Freshwater Wetlands Act, or such map as has
been amended or adjusted, and on which are indicated the approximate
locations of the actual boundaries of wetlands regulated pursuant
to Article 24 of the Environmental Conservation Law.
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.
GROWING SEASON
The portion of the year when soil temperatures at 19.7 inches
below the soil surface are higher than biologic zero (5° C.) (U.S.
Department of Agriculture, Soil Conservation Service, 1985). For ease
of determination, this period can be approximated by the number of
frost-free days (U.S. Department of the Interior, 1970).
[Added 12-15-2015 by L.L.
No. 7-2015]
HYDRIC SOIL
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part
and as further defined by the New York State Department of Environmental
Conservation wetlands delineation manual, as such document may be
amended from time to time.
[Amended 12-15-2015 by L.L. No. 7-2015]
HYDROPHYTIC VEGETATION
Plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water
content.
[Amended 12-15-2015 by L.L. No. 7-2015]
MATERIAL
All liquid, solid or gaseous substances.
PERMIT
The written municipal approval required by this chapter for
the conduct of a regulated activity within a wetland, watercourse,
water body or buffer area.
PROJECT
Any proposed or ongoing action which may result in direct
or indirect physical or chemical impact on a wetland including but
not limited to any regulated activity.
REMOVE
To dig, dredge, suck, bulldoze, dragline, blast or otherwise
excavate or grade.
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, tennis courts,
swimming pools and decks.
TOWN
The unincorporated portions of the Town of Ossining.
TOWN BOARD
The Town Board of the Town of Ossining.
WATER BODY
Any natural or artificial pond, lake, reservoir or other
area which ordinarily or intermittently contains water and which has
a discernible shoreline, but not including a watercourse as defined
in this chapter or a man-made swimming pool not associated with a
wetland or watercourse.
WATERCOURSE
A running stream of water; a natural stream fed from permanent
or natural sources, including rivers, creeks, springs, runs and rivulets;
a stream, usually flowing in a particular direction, though it need
not flow continuously (it may sometimes be dry). It usually discharges
itself into some other stream or body of water. It must be something
more than mere surface drainage over the entire face of the tract
of land, occasioned by unusual freshets or other extraordinary causes.
[Amended 12-15-2015 by L.L. No. 7-2015]
WETLAND[Amended 12-15-2015 by L.L. No. 7-2015]
(1)
All areas that comprise hydric soils and/or are inundated or
saturated by surface water or groundwater at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation.
(2)
Except with respect to the size of buffer areas pursuant to §
105-3B herein, the term "wetland," as used in this chapter, shall include watercourses and water bodies.
WETLANDS AND DRAINAGE MAP
The most current Town of Ossining Wetlands and Drainage Map,
dated February 24, 1998, adopted by the Town Board and as from time
to time updated, which shows the approximate location of areas classified
as wetlands. This map is intended to provide general guidance in locating
and determining those areas which constitute wetlands, as defined
herein. The actual boundary of a wetland shall be determined on a
site-by-site basis and confirmed by the approval authority.