A. The following definitions shall apply in the interpretation and implementation of this ordinance.

1. The term "person" shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political sub-division thereof to the extent subject to city ordinance, administrative agencies, public or quasi-public corporations or bodies, this municipality, and any other legal entity, its legal representatives, agents or assigns.

2. The term "alter" shall include, without limitation, the following actions when undertaken in resource areas subject to this ordinance:

a. Removal, excavation or dredging of soil, sand, gravel or aggregate materials of any kind;

b. Changing of preexisting drainage characteristic, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns, or flood retention characteristics;

c. Drainage or other disturbance of water level of water table;

d. Dumping, discharging, or filling with any material of in any manner which may degrade water quality or interfere with any of the interests protected by this ordinance;

e. Driving of piles, erection of building, or structures of any kind;

f. Placing of obstructions or objects in water;

g. Destruction of plant life including cutting of trees;

h. Changing water temperature, biochemical oxygen demand, or their physical or chemical characteristics of water;

i. Any activities, changes, or work which pollute in any way any body of water or groundwater.

B. "Applicant" shall mean a person giving notice of intention to build, remove, fill, dredge or alter or making a request for determination.

C. "Banks, bordering fresh water wetland, flat, marsh, wet meadow, bog, swamp estuary, creek, river, pond, lake and bordering and isolated land subject to flooding" shall unless otherwise defined in this ordinance, have the same meaning as in the Wetlands Protection Act and the regulations thereunder.

D. "Isolated wetlands" are areas of wetland vegetation (as defined above in this ordinance) which are subject to flooding and consists of isolated depressions or closed basins which serve as a ponding area for run-off or high ground water. Such areas must be at least 400 square feet in area and may include kettle holes and bogs.

E. "Temporary wetlands" are those areas of at least 400 square feet in areas which are periodically flooded on a purely seasonal basis by high ground water and/or run-off and include vernal and autumnal ponds. These areas can be either natural or artificial. If artificial they must support vegetative community that has naturally populated the subject area.

F. "Significant effect", an activity has a significant effect on the interests protected by this ordinance and tends to reduce the capacity of that resource area to support or sustain the interests protected by this ordinance.

G. "Cumulative effect", an activity has cumulative effect on the interests protected by this ordinance if such activity, added to or in conjunction with similar activity which has occurred or has been proposed and which affects the same resource area, has a measurable impact on a resource area covered by this ordinance and tends to reduce the capacity of that resource area to support or sustain the interests protected by this ordinance. The applicant shall have the burden of proving by a preponderance of credible evidence that the activity has no cumulative effects on the values protected by this ordinance.

H. Other Definitions: The commission may adopt additional definitions not inconsistent with this ordinance in its regulation. (added 05/05/1993)