§ 5.02.02. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory buildings or structures mean a separate subordinate building or structure located on the same lot or parcel as the principal building, the use of which is incidental to that of the dominant use of the principal building.

Adjacent to a protected environmentally sensitive area means any location within 500 feet of the boundary of any protected environmentally sensitive area, whether the location is on or off the development site.

Adverse effects means any modifications, alterations or effects on waters, associated wetlands, or shorelands, including their quality, quantity, hydrology, surface area, species composition or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property to biological productivity, diversity or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. The term "adverse effects" includes secondary and cumulative as well as direct impacts.

Associated wetlands means any wetland that is adjacent or contiguous to waters, or which has a direct hydrologic connection to waters.

Beneficial functions of a protected environmentally sensitive area means those functions described in the conservation element of the comprehensive plan that justify designating an area as environmentally sensitive.

Clearing means the removal of trees and brush from the land, not including the ordinary mowing of grass.

Direct hydrologic connection means a surface water connection which, under normal hydrological conditions, occurs on an average of 30 or more consecutive days per year. In the absence of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic connection.

Pollutant means any substance, contaminant, noise or manmade or man-induced alteration of the chemical, physical, biological or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

Protected environmentally sensitive area means an environmentally sensitive area designated for protection in the conservation element of the town council plan.

Significant adverse effect means any modification, alteration or effect upon a protected environmentally sensitive area which measurably reduces the area's beneficial functions, as delineated in the conservation element of the town comprehensive plan.

Water or waters includes, but is not limited to, water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, streams, rivers, lakes, ponds or diffused surface water and water percolating, standing or flowing beneath the surface of the ground.

Water body means any natural or artificial pond, lake, reservoir or other area with a discernible shoreline which ordinarily or intermittently contains water.

Water's edge and wetland's edge shall be determined by whichever of the following indices yields the most landward extent of waters or wetlands:

(1)

The boundary established by the average annual high-water mark;

(2)

The landward boundary of hydric soils; or

(3)

The landward boundary of wetland vegetation, based on the wetland vegetation index.

Watercourse means any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, banks or other discernible boundary.

Wetland means a topographically low-lying area which is inundated with water either permanently, frequently or seasonally, and characterized by wetland hardwood, cypress bayheads, domes or strands, wet prairie and/or freshwater marsh vegetation, and soils normally rated as very low potential or unsuitable for development.

(Ord. No. 91-6, § 3(5.02.02), 2-11-1992; Ord. No. 2016-01, § 12, 7-12-2016)