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 Carmel
 Code of Ordinances
 Part II. General Legislation
 Chapter 89. Freshwater Wetlands

  § 89-11. Interpretation.  

Latest version.
  • Interpretation of some terms used in Standards for permit issuance, § 89-10.
    A. 
    "Public health and welfare."
    (1) 
    Those concerns include:
    (a) 
    Consistency of the proposed activity with physical health, as necessary, as judged by health professionals.
    (b) 
    Consistency with related federal, state, and local laws, regulations and policies.
    (2) 
    If a proposed activity is inconsistent with physical health, or with any related laws, regulations and government policies, then this would weigh against issuing a permit under this Wetlands Chapter until such conditions were met that would make the proposed activity consistent with these provisions.
    B. 
    "Only practicable alternative." A proposed activity is the only practicable alternative if no other is physically or economically feasible. This does not, however, mean that the most profitable or least costly alternative is the only feasible one nor that the least profitable or the most costly alternative is the only feasible one.
    C. 
    "Economic and social need." When the economic and social need for the proposed activity is considered, the economic and social burden that would be imposed on the public shall be considered. The public economic and social burden may include: associated services, such as sewer systems, schools, and fire and police protection, necessitated by the proposed activity; prevention of contamination, flood or other damage to the proposed development on the wetland by methods such as channelization, alteration of land, alteration of water flow, draining, or construction of dams, dikes, or levees; and/or services and repairs, such as medical care, pumping, cleaning, dredging, and emergency assistance as a result of contamination, flooding, or other damage to the proposed development on the wetland. Nothing in this section precludes the consideration of any issue which must be addressed under the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law).
    D. 
    Specific Class I standards.
    (1) 
    "Reduction of which is acceptable only in unusual circumstances." Permits for the vast majority of activities that could not avoid reducing a benefit provided by a Class I wetland would not be approved. The word "reduction" means that this applies not just to the loss of any benefit, but to the partial loss or reduction of a benefit.
    (2) 
    "Satisfies a compelling economic or social need." The word "compelling" implies that the proposed activity carries with it not merely a sense of desirability or urgency, but of actual necessity; that the proposed activity must be done; that it is unavoidable.
    (3) 
    "Clearly and substantially outweighs." "Clearly" means that the need for the proposed activity must outweigh the loss of or detriment to the benefits in a way that is beyond serious debate. "Substantially" carries this further, in that not only must the need clearly outweigh the loss or detriment, but the margin of outweighing itself must be large or significant.
    E. 
    Specific Class II standards.
    (1) 
    "Loss of which is acceptable only in limited circumstances." Permits for most activities that could not avoid causing a loss of or detriment to a benefit of a Class II wetland would not be approved.
    (2) 
    "Satisfies a pressing economic or social need." "Pressing" should suggest that for the need to outweigh the loss of or detriment to a benefit of a Class II wetland, it must be urgent and intense, though it does not have to be necessary or unavoidable.
    (3) 
    "Clearly outweighs" means that the need for the proposed activity must outweigh the loss of or detriment to the benefits in a way that is beyond serious debate, although there does not have to be a large or significant margin between the need and the loss.
    F. 
    Specific Class III standards.
    (1) 
    "Loss of which is acceptable only after the exercise of caution and discernment." This means that permits could be issued for activities that could not avoid loss of or detriment to the benefit provided by a Class III wetland, but only after careful evaluation.
    (2) 
    "Satisfies an economic or social need." The need for the activity is real and undeniable, though it does not have to be necessary, unavoidable, urgent, or intense.
    (3) 
    "Outweighs." means that the need for an activity must outweigh the loss of or detriment to a benefit, but the balance in favor of the activity does not have to be beyond serious debate.
    G. 
    Class IV standards. Permit issuance cannot be indiscriminate or unexamined for Class IV wetlands and still requires consideration of loss of wetland values.