The following terms, phrases, 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.
ALTERAny form of draining, dredging, excavation, removal soil, mud, sand, shells, gravel or other aggregate; or 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, roads, the driving of pilings or the 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 derived therefrom.
APPLICANTAny person who files an application for any permit issued by the Town pursuant to this chapter, including the agent of the owner or a contract vendee.
FRESHWATER WETLANDSLands and water of the Town as shown on the Freshwater Wetlands Map, prepared for the State of New York and filed with the County Clerk and 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) Wetlands shrubs which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other shrubs.
(3) Emergent vegetation, including, among others, cattails.
(4) Rooted, floating-leaved vegetation, including, among others, water lilies.
(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.
(7) Bog mat vegetation, including, among others, sphagnum mosses.
(8) Submergent vegetation, including, among others, pondweeds.
B. 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.
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.
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 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 wetland, 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 wetland, 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.