This chapter shall be known as the "Freshwater Wetlands Protection Law
of the Village of Spring Valley."
It is declared to be the public policy of the Village of Spring Valley
to preserve, protect and conserve freshwater wetlands and the benefits derived
therefrom, to prevent the destruction of freshwater wetlands and to regulate
the development of such wetlands in order to secure the natural benefits of
freshwater wetlands, consistent with the general welfare and beneficial economic,
social and agricultural development of the Village of Spring Valley. It is
further declared to be the policy of the Village of Spring Valley to exercise
its authority pursuant to Article 24 of the State Environmental Conservation
Law.
The following terms, phrases, words and their derivatives shall have
the meanings given herein:
ADJACENT AREA
Any land in the Village of Spring Valley immediately adjacent to
a freshwater wetland lying within one hundred (100) feet, measured horizontally,
of the boundary of a freshwater wetland.
AGENCY
The Board of Trustees of the Village of Spring Valley.
APPLICANT
Any person who files an application for any permit issued by the
Agency pursuant to this chapter and includes the agent of the owner or a contract
vendee.
BOARD
The Freshwater Wetlands Appeals Board established by Article 24 of
the State Environmental Conservation Law.
BOUNDARIES OF A FRESHWATER WETLAND
The outer limit of the vegetation specified in Subsections A and
B of the definition of "freshwater wetlands" and of the waters specified in
Subsection C of such definition.
FRESHWATER WETLANDS
Lands and waters lying within the boundaries of the Village of Spring
Valley as shown on a freshwater wetlands map 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; including,
among others, red maple (Acer rubrum), willows (Salix spp.), black spruce
(Picea mariana), swamp white oak (Quercus bicolor), red ash (Fraxinus pennsylvanica),
American elm (Ulmus americana) and larch (Larix laricina).
(2)
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 (Alnus spp.), buttonbush (Cephalanthus
occidentalis), bog rosemary (Andromeda glaucophylla) and leatherleaf (Chamaedaphne
calyculata).
(3)
Emergent vegetation, including, among others, cattails (Typha spp.),
pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra
virginica), arrowheads (Sagittaria spp.), reed (Phragmites communis), wild
rice (Zizania aquatica), bur reeds (Sparganium spp.), purple loosestrife (Lythrum
salicaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alisma
Plantago-aquatica).
(4)
Rooted, floating-leved vegetation, including, among others, water lily
(Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar
spp.).
(5)
Free-floating vegetation, including, among others, duckweed (Lemna spp.),
big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.).
(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; including, among others, sedges (Carex spp.),
rushes (Juncus spp.), cattails (Typha spp.), rice cut-grass (Leersia oryzoides),
reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus)
and spikerush (Eleocharis spp.).
(7)
Bog mat vegetation, including, among others sphagnum mosses (Sphagnum
spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata),
pitcher plant (Sarracenia purpurea) and cranberries (Vaccinium macrocarpon
and V. oxycoccos).
(8)
Submergent vegetation, including, among others, pondweeds (Potamogeton
spp.), naiads (Naias spp.), bladderworts (Utricularia spp.), wild celery (Vallisneria
americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum
spp.), waterweeds (Elodea spp.) and water smartweed (Polygonum amphibium).
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 (6) 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 and dead vegetation as set forth in Subsection
B, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation; and
D.
The waters overlying the areas as set forth in Subsections
A and
B and the lands underlying as set forth in Subsection
C.
FRESHWATER WETLANDS MAP
A map on which are indicated the boundaries of any freshwater wetland
and which has been filed with the Clerk of the Village of Spring Valley by
the State Department of Environmental Conservation pursuant to § 24-0301
of the State Environmental Conservation Law.
PARTY IN INTEREST
The applicant, the Agency, the State Department of Environmental Conservation, each local government in which the regulated activity or any part thereof is located and any person who appears and wishes to be a party in interest at the public hearing held pursuant to §
130-7 of this chapter.
PERSON
Any corporation, firm, partnership, association, trust, estate, one
(1) or more individuals and any unit of government or agency or subdivision
thereof.
POLLUTION
The presence in the environment of human-induced conditions or contaminants
in quantities or characteristics which are or maybe injurious to humans, plants,
animals or property.
PROJECT
Any action which may result in direct or indirect physical impact
on a freshwater wetland, including but not limited to any regulated activity.
REGULATED ACTIVITY
Any form of draining, dredging, excavation of soil, mud, sand, shells, gravel or other aggregate from any freshwater wetland, either directly or indirectly; 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, including but not limited to installing a septic tank, running a sewer outfall, discharging sewage treatment effluent or other liquid wastes directly into or so as to drain into a freshwater wetland; that portion of any subdivision of land that involves any land in any freshwater wetland or adjacent area; and any other activity which substantially impairs any of the several functions served by freshwater wetlands or the benefits derived therefrom which are set forth in §
130-3 of this chapter.
SELECTIVE CUTTING
The annual or periodic removal of trees, individually or in small
groups, in order to realize the yield and establish a new crop and to improve
the forest, which removal does not involve the total elimination of one (1)
or more particular species of trees.
STATE
The State of New York.
STATE AGENCY
Any state department, bureau, commission, board or other agency,
public authority or public benefit corporation.
SUBDIVISION OF LAND
Shall have the same meaning as provided for in the land subdivision
regulations of the Village of Spring Valley.
VILLAGE
The Village of Spring Valley.
In order to carry out the purposes and provisions of this chapter, the
Agency shall have the power to adopt, amend and repeal, after public hearing,
such rules and regulations, consistent with this chapter, as it deems necessary
to administer this chapter and to do any and all things necessary or convenient
to carry out the purpose and policies of this chapter.