It is the intent of this chapter to promote the welfare of the
people of the Town of Fishkill by providing for regulation of the
removal of trees in such a way as to protect and preserve the environment,
roads and quality of the community in general. Trees are a natural
resource and an integral part of the natural landscape of the Town,
providing soil erosion control, surface water flow barriers and scenic
beauty, and fostering myriad plant and wildlife species. The removal
or harvest of trees is therefore of prime concern to the people of
the Town of Fishkill and shall not be permitted, except as hereinafter
provided.
No provision of this chapter shall be construed to repeal, modify
or constitute an alternative to any lawful zoning, building construction,
mining, land subdivision or environmental quality review law, or any
applicable state or federal regulation. Where the provisions of any
such other law or regulation impose more stringent restrictions than
are required by this chapter, the provisions of such law or regulation
shall govern.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
A. General construction of language. All words used in the present tense
include the future tense; all words in the plural number include the
singular number; and all words in the singular number include the
plural number, unless the natural construction of the wording indicates
otherwise. Unless otherwise specified, all distances shall be measured
horizontally. The word "Town" means the Town of Fishkill; the term
"Town Board" means the Councilmen of said Board and the Supervisor
of said Town; the term "Conservation Board" means the Town Conservation
Board of said Town; the term "Zoning Inspector" means the inspector
designated by the Town to administer this chapter and shall include
the term "Building Inspector"; the term "Town Clerk" means the Town
Clerk of said Town. The word "shall" is mandatory and not directory.
B. Definitions. As used in this chapter, 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 International 1/4 inches 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.
PROFESSIONAL FORESTER
A person who has a minimum of a bachelor of science degree
in forestry from a four-year college accredited by the Society of
American 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.
There shall be no cutting or removal of trees from any property
in the Town of Fishkill except as provided herein. These provisions
shall not be construed as prohibiting or limiting the normal maintenance
of trees or property through the selective removal of tree limbs,
dead or diseased trees, or brush.
The Town Board may revoke a timber harvesting permit theretofore
issued in the following instances:
A. Where it finds that there has been any false statement or misrepresentation
as to a material fact in the application, plans or information on
which issuance of the permit was based.
B. Where it finds that the permit was issued in error and should not
have been issued in accordance with applicable law.
C. Where the permittee fails or refuses to comply with a written order
issued by the Zoning Inspector within the time fixed for compliance
therewith.
Any person, firm or corporation who shall violate or fail to
comply with a written order or notice of violation issued by the Zoning
Inspector, or with any of the provisions of this chapter or conditions
of the timber harvesting permit, shall be liable to punishment by
a fine of not more than $100 or by imprisonment, or both. Each day
that a violation continues shall be deemed a separate offense.