[Amended 4-5-2007]
Activities requiring Planning Board review under
this article are thereby subject to the Town of Wilton preliminary
site plan approval regulations. No modification of existing stream
channels, filling of lands or wetlands, grading, mining, or removal
of vegetation or excavation of soils for the construction of site
improvements shall begin until the developer has received preliminary
site plan approval. Failure to comply shall be construed as a violation
of the Zoning Ordinance. Where necessary, final site plan approval
may require additional review and modification, the removal of unapproved
site improvements or the revegetation of the site.
[Amended 11-10-2005; 4-5-2007]
A.
Timber harvesting and silvicultural practices are hereby prohibited in any zoning district prior to the issuance of a timber harvesting or silvicultural permit, as outlined in § 129-199, or as otherwise presented under this article.
B.
Timber harvesting shall be permissible within the vegetative buffer strip, provided for in § 129-198C(2), with the conditions that not more than 1/3 of the crown canopy is removed within any ten-year period.
C.
The harvesting, cutting, culling, removal or thinning
of vegetation on pasture and cultivated land devoted to agriculture
within 50 feet of the center of a stream shall be allowed, provided
that a riparian vegetative buffer strip consisting of woody shrubs
or trees are retained sufficient to maintain the stability of the
stream bank and minimize stream bank erosion and direct runoff to
the stream.
D.
The above cutting standards are in addition to and not exclusive of the standards detailed § 129-198 (Stream Resource Management.)
E.
Refer to the NYSDEC Timber Harvesting BMP Manual for
standards.
[Amended 11-10-2005; 4-5-2007]
A.
The use of land for the excavation, removal, filling
or depositing of any type of earth material, topsoil, gravel, rock,
mining, garbage, rubbish or other waste or by-products is hereby prohibited
in any zoning district, except upon prior approval by the Planning
Board or as otherwise presented under this chapter.
B.
A certificate may be requested of the applicant which
would entail filing a surety bond that is executed only by surety
company authorized to do business in the State of New York. The amount
of the bond shall be established by the Planning Board upon advice
from the Town Engineer and shall be sufficient to rehabilitate the
property upon default of the operator of the excavating or filling
operations. Court costs and other reasonable expenses shall be covered
by the applicant.
C.
This regulation does not apply to normal soil removal
for landscaping and general home improvements, basements or foundation
work when a legal building permit has been previously issued by the
Town of Wilton. When basement or foundation work is not completed
within six months and if found by the Building Inspector to constitute
an eyesore or hazard, it may be filled and the cost assessed to the
property owner.
A.
Findings, objectives and applicability.
(1)
Streams provide a variety of benefits, including
drinking water, process and cooling water for industry, water for
agriculture, a means for a community to assimilate its wastes, as
well as habitat for fish and wildlife. Streams also provide a community
open space amenity and recreational benefits.
(2)
Aesthetically pleasing waters add to the quality
of human experience. They also provide recreational opportunities,
may enhance property values of adjoining properties (public and private),
and provide focal points of interest in which a community can take
pride.
[Amended 11-10-2005]
(3)
The objectives of stream resource management
are:
(a)
Protection of the natural environment, including
water quality, soil conservation, aquatic ecology (fisheries) and
terrestrial ecology (wildlife).
(b)
Protection of health and safety from flooding
and storm damage.
(c)
Improved cultural and economic environment through
the protection of aesthetic conditions along streams.
(4)
Stream resource management places primary emphasis
on water quality protection and enhancement through the control of
nonpoint sources of pollution, such as erosion and sedimentation,
and on protection of natural and cultural resources in the stream
corridor. Floodplain management places emphasis on the protection
of people and structures from flood hazards. Floodplains are part
of stream corridor and can serve as a buffer zone to filter the sediment
and pollution produced by urbanization and other land use activities,
such as agriculture or timber harvesting. Floodplains can also provide
a margin of safety from flood and erosion hazards to adjacent populations.
[Amended 11-10-2005]
(5)
The provisions of this section apply to the
Snook Kill, Little Snook Kill, Delegan Brook and the Bog Meadow Brook.
The streams leading to Lake Elizabeth and Loughberry Lake, as well
as the lakes themselves, shall also be included.
B.
Highways and roads.
(1)
No new public road or private road shall be
located within 100 feet of the center of the stream except for such
roads as are necessary for crossing the stream.
(2)
If there is no other vehicular access to a new
or existing land use or development within the stream conservation
corridor, a new private road shall be allowed, but only if such road
is not open to the general public, if it is located at all points
at least as far from the stream as the land use or development to
which it shall provide access and if it is not located within 100
feet of the center of the stream. This is not to preclude crossing
of streams to gain access to lands on the other side.
(3)
Any new public or private road trail for motorized
open space recreation uses or new private woods road and any new bridge
associated with any such road or trail shall be so located, designed
and constructed as to minimize its visibility from the stream, minimize
alteration of the natural environment and avoid undue adverse environmental
impact; shall be reasonable and necessary; and shall have its uses
effectively restricted to those specified by the person undertaking
such activity. Any bridges associated with such road or trail over
the stream shall not interfere with the recreational use of the stream.
(4)
Any bridge associated with a new trail for an
open space recreational use shall be constructed of naturally occurring
materials, such as wood and stone, to the extent feasible and shall
not interfere with the recreational use of the stream.
(5)
No new fills shall be placed within a minimum
of 50 feet from the edge of the stream.
[Amended 11-10-2005]
C.
Structures.
(1)
New structures, whether above or below ground,
other than fences, poles, bridges and fisherman parking areas, shall
be constructed a minimum of 100 feet from the edge of the stream.
[Amended 11-10-2005]
(2)
A buffer strip consistent with the following
standards shall separate all new structures and septic systems, except
for fences, poles, bridges and fisherman parking areas, from the stream:
[Amended 11-10-2005]
|
Slope of Land
(degrees)
|
Width of Buffer Strip
(Distance from Edge of Stream)
(feet)
|
|---|---|
|
0
|
100
|
|
10
|
120
|
|
20
|
130
|
|
30
|
170
|
|
40
|
210
|
|
50
|
250
|
|
60
|
290
|
|
70
|
330
|
|
80
|
370
|
|
90
|
410
|
|
100
|
450
|
(3)
Fences, poles, bridges and fisherman parking
areas shall be constructed a minimum of 50 feet from the center of
the stream.
(4)
New structures and septic systems shall be designed
and constructed so as to avoid undue adverse environmental impacts
and in accord with erosion and stormwater control standards acceptable
to the Planning Board of the Town of Wilton.
D.
Utilities.
(1)
Uses subject to review pursuant to Article VII or Article VIII of the Public Service Law shall be limited to locations where structures, support structures, lines, cables, pipes, equipment and accessories shall be substantially invisible from the stream. Except at stream crossings, such structures, support structures, lines, cables, pipes, equipment and accessories shall not be located within 100 feet of the center of the stream. In addition, such structures and facilities shall be located only where the impact on the scenic qualities of the stream corridor can be eliminated.
(2)
New stream crossings by private or public utility
uses shall be minimized and shall be limited to the extent feasible
to those points along a stream corridor where crossings are now made,
but in no case shall they be more frequent than once every 1,000 feet
as measured along the course of the stream.
(3)
A stream corridor utility use under these guidelines
shall be located, designed and constructed so as to avoid undue adverse
environmental impact and to minimize visibility from the stream and
the stream corridor from structures, support structures, lines, cables,
pipes and other associated equipment and accessories.
E.
Signs.
(1)
No new signs shall be placed within 100 feet
of the center of a stream with the exception of the following:
(a)
Informational, directional, public safety or
regulatory signs may be placed in such a location by any authorized
federal, state or local government entity with the permission of the
landowner where such signs are otherwise allowed by law, provided
that no such sign exceeds four square feet in size or a height of
10 feet.
(b)
Any person, with the permission of the landowner,
may place in such location a posting sign pursuant to and in conformity
with §§ 11-2109[1] and 11-2111 of the Environmental Conservation Law, provided
that no such sign exceeds four square feet in size or a height of
10 feet.
[1]
Editor's Note: Section 11-2109 was repealed
L. 1994, c. 570, eff. 7-26-1994.
[Amended 11-10-2005; 12-7-2006 by L.L. No. 4-2006; 4-5-2007; 8-1-2019]
No person shall engage in any soil disturbing or timber harvesting activity, excluding silvicultural activities, which involves one or more acres without first obtaining a permit from the NYSDEC for discharges from construction activities, as per NYSDEC General Permit. A stormwater pollution prevention plan consistent with the requirements of §§ 129-205 through 129-210 of this chapter shall be required. The SWPPP shall meet the performance and design criteria and standards in § 129-206. The approved erosion control permit shall be consistent with the provisions of Article XXVIII of this chapter.
A.
Nothing contained in this chapter shall preclude soil
disturbing and timber harvesting activities in the event of:
(1)
A bona fide emergency.
(2)
Authorized governmental activities.
(3)
The customary cultivation of farmland.
(4)
The removal of diseased vegetation or of rotten
or damaged trees or of other vegetation that presents safety, environmental
or health hazards.
(5)
The cutting of firewood by the owner of land
for personal use in his own dwelling.
B.
The Building Inspector shall issue a written permit
to allow timber harvesting or soil disturbance practices on less than
five acres of land, and silvicultural practices on more than one acre
of land upon submission of all required information. The Building
Inspector may impose limitations, conditions or other such criteria
which shall be noted on the written permit. The following information
shall be provided to the Building Department prior to permit issuance:
[Amended 11-10-2005; 4-5-2007]
(1)
The applicant shall notify adjoining property
owners by certified mail, return receipt requested, prior to starting
work. Proof of mailings shall be submitted to the Building Department.
(2)
Silvicultural practices shall be carried out
as part of a silvicultural plan and overseen by a certified forester.
A copy of this plan shall be submitted to the Building Department
at the time of application.
(3)
The applicant must pledge that the operations
carried out under the permit will conform to the Best Management Practices
for Water Quality in New York State.
(4)
Timber harvesting activities, as opposed to
silvicultural practices, are subject to a NYS DEC General Permit for
stormwater discharges from construction activities greater than one
acre.
[Amended 8-1-2019]
C.
The Building Inspector shall issue a permit for timber
harvesting or soil disturbance activities on five or more acres only
with the consent of the Planning Board of the Town of Wilton. The
Planning Board may give its consent only after giving consideration
to the following:
[Amended 11-10-2005; 4-5-2007]
(1)
Review of a sketch plan delineating the extent
and amount of timber harvesting or soil disturbance activities and
a general vicinity map presented by any person desiring to engage
in such activities of five or more acres, whether on a single parcel
or a series of adjacent or contiguous parcels.
(2)
When indicated by the State Environmental Quality
Review guidelines, the submission of an environmental assessment form
shall be required.
(3)
Timber harvesting activities, as opposed to
silvicultural activities, are subject to a NYSDEC GP 02-01 SPDES permit
for stormwater discharges from construction activities greater than
one acre.
(4)
At its discretion, the Planning Board may require
a bond or letter of credit prior to the issuance of a permit to cover
the cost of constructing and maintaining all soil erosion and sediment
control measures which it deems necessary. The amount of the bond
or letter of credit shall not exceed $1,000 per acre.
(5)
The applicant shall notify adjoining property
owners by certified mail, return receipt requested, prior to starting
work. Proof of mailings shall be submitted to the Building Department.
(6)
Applicant must pledge that the operations carried
out under the permit will conform to the Best Management Practices
for Water Quality in New York State.
Any person violating any provisions of this
article shall be guilty of a misdemeanor and, upon conviction, shall
be punished by a fine not to exceed $1,000 or by imprisonment in the
County jail for not more than one year, or both, for each offense.
When a violation of this chapter is continuous, each 24 hours thereof
shall constitute a single, separate and distinct offense. The Town
Board may also bring a civil action to restrain any violation of this
article.
