The following terms shall have the meanings indicated:
BOARD-FOOT
A measure of lumber 12 inches by 12 inches by one inch as
measured by the International 1/4-inch Log Rule.
COMMERCIAL TIMBER HARVESTING
The cutting or removal of live healthy trees for sale or
exchange of goods, commodities or services, when it is not performed
in connection with legally permitted soil mining, building construction
or building site development.
DEAD TREE
A tree that lacks vitality, is lifeless and without foliage.
PROFESSIONAL FORESTER
A person who has a minimum of a bachelor of science degree
in forestry from a four-year college accredited by the American Society
of Foresters and acceptable to the Town Board.
STANDARD CORD
A cut stack of wood measuring four feet by four feet by eight
feet or 128 cubic feet.
TREE
A living, woody plant with an erect perennial trunk of six
inches or more dbh with a definitely formed crown of foliage and a
total height of at least 13 feet from the ground.
TREE PRESERVATION PLAN
A map of the property in question that shows site boundaries,
all existing and proposed structures, easements, etc., and the location,
species, dbh and condition of all existing trees with a dbh of 18
inches or greater and all trees proposed to be removed with a dbh
of 18 inches or greater. The tree preservation plan shall detail the
methods and practices to be used to provide protection from injury
during construction/tree removal for all trees to be preserved, as
specified in this chapter.
The approving authority or the enforcing agencies listed in §§
140-4 and
140-5D above may seek the advice of the Town Environmental Board and may impose conditions upon the granting of a tree removal permit, including:
A. Days and hours of removal operations, size and number of trucks and
routes to be followed, and location and methods of storage of felled
trees on the site.
B. New York State Department of Environmental Conservation Timber Harvesting
Guidelines, including location of stream crossings, landings, skid
trails and haul roads, the restoration of the effects of such removal
and the obtaining of all permits required by Town, state or other
agencies for such operation.
C. Replanting of replacement trees or other vegetation or other mitigation
to prevent erosion, provide screening, preserve ecological systems
or remediate effects on neighboring properties.
D. Reasonable relocation of proposed surface or subsurface improvements.
E. Marking of trees to be removed in a way that the markings are visible
both before and after tree removal.
F. In case of removal of more than the number of trees specified in §
140-5A(5) above, a performance bond to assure compliance with this chapter and the conditions imposed, with such bond, if one of its purposes is to assure replanting, to have a minimum term of two years.
G. Such safeguards as are appropriate to mitigate the environmental
impact of removal operations, including but not limited to a report
from an arborist certified by the International Society of Arboriculture
or a professional forester in the New York State cooperating consultant
forester program (retained by the applicant).
H. Tree protection or other mitigation to prevent erosion, provide screening,
preserve ecological systems or remediate effects on neighboring properties
or roads.
Notwithstanding other provisions of this chapter to the contrary,
in conjunction with site development plan and/or subdivision applications
being actively reviewed by the Planning Board, the Planning Board
may, by resolution, at its sole discretion, allow the felling of trees
on a property prior to the final approval of a site development plan
or subdivision when the timing of such tree felling is deemed by the
Board to be in the best interest of protecting the Indiana bat (Myotis
sodalis). Such felling of trees, and any other physical alterations
to the site, shall not be permitted until the provisions of the NYS
Environmental Quality Review Act (SEQRA) have been complied with,
and at least preliminary site development plan or preliminary subdivision
approval have been granted by the Planning Board. In the context of
this tree felling provision, the removal of stumps shall not be permitted,
and the applicant shall submit a plan illustrating and detailing the
chipping and removal of felled trees from the site demonstrating that
felled trees will be removed in a safe and ecologically sound manner,
and subject to the other provisions of this chapter. Further, if the
Board approves said tree felling, all of the following shall occur
prior to the cutting of any trees:
A. The applicant shall submit a sufficiently detailed plan prepared
by a design professional and acceptable to the Planning Board which
shows the area proposed for the tree felling.
B. A bond or other performance guarantee in an amount as determined
by the Town Engineer for the possible restoration of the land being
developed shall be filed with the Town.
C. A notice of intent (NOI) and a stormwater pollution prevention plan
(SWPPP) shall be approved by the Town, if applicable.
D. Tree protection (for the trees to be preserved on site), erosion
and sedimentation protection under the Town's MS4 (municipal
separate storm sewer system) program, and wetland protection measures,
as applicable, shall be implemented to the satisfaction of the Town
Building Department and Town Engineer. No tree felling under this
section shall take place in any regulated wetland or regulated adjacent
buffer area.
E. The applicant shall attend a preconstruction meeting with the Town
Building Department and Town Engineer.
A clearing and tree removal permit application shall be accompanied
by a fee to be set in a fee schedule determined by the Town Board,
except when the applicant is the Town of Fishkill.