§ 65-5. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AGENCY

The Board of Trustees of the Village of Hewlett Harbor.

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" of this section and of the waters specified in Subsection C of said definition.

CLEAR-CUTTING

Any cutting of trees over six inches in diameter at breast height over any ten-year cutting cycle where the average residual basal area of such trees after such cutting is less than 30 square feet per acre, measured within the area harvested; provided, however, that where regeneration is assured by stand conditions such that after such cutting the average residual basal area of trees at least one inch in diameter at breast height is at least 30 square feet per acre, measured within the area harvested, a "clear cut" will not be deemed to have taken place unless the average residual basal area of tress over six inches in diameter at breast height is less than 10 square feet per acre, similarly measured.

FRESHWATER WETLANDS

Lands and waters lying within the boundaries of the Village of Hewlett Harbor, as shown on a freshwater wetlands map, or other lands or waters 20,000 square feet or more in surface area 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 (Fraxinum 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-leaved vegetation, including, among others, water lily (Nymphaea odorata), watershield (Brasenia schreberi) and spatterdock (Nuphar spp.).

(5) 

Free-floating vegetation, including, among others, duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.).

(6) 

Wet meadow vegetation, which depends upon seasonal or permanent flooding or sufficiently waterlogged soils to give it 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 spike rush (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 (Najas spp.), bladderworts (Ultricularia spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum spp.), muskgrass (Chara spp.), stonewort (Nitella 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 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.

D. 

The waters overlying the areas as set forth in Subsections A and B and the lands underlying 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 Hewlett Harbor by the State Department of Environmental Conservation pursuant to § 24-0301 of the State Environmental Conservation Law, and as such map from time to time is amended.

LOCAL GOVERNMENT

A City, County, Town or Village.

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 § 65-8 of this chapter.

PERSON

Any corporation, firm, partnership, association, trust, estate, one 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 may be 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 or removal 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; the erecting of any structures or 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, including but not limited to installing a septic tank, running a sewer outfall or 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 § 65-4 of this chapter.

SELECTIVE CUTTING OF TIMBER

Any cutting of trees within the boundaries of a freshwater wetland which is not clear-cutting, as defined in this section, or which results in a cut area less than three acres in size.

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

Any division of land into two or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy (including any grading, road construction, installation of utilities or other improvements or any other land use and development preparatory or incidental to any such division) by any person or by any other person controlled by, under common control with or controlling such person or by any group of persons acting in concert as part of a common scheme or plan. "Subdivision of land" shall include any map, plot or other plan of division of land, whether or not previously filed. "Subdivision of land" shall not include the lease of land for hunting and fishing and other open space recreation uses and shall not include the division of land by bona fide gift, devise or inheritance.

VILLAGE

The Village of Hewlett Harbor.