Town of Beekman, NY Article VI Supplementary Regulations: Resource Protection

§ 155-46 Floodplain regulations.

A. Coverage. No more than 25% of the minimum area requirement of a lot may be fulfilled by land under water or subject to flooding.

B. Lands subject to flooding are those on which there is a one-in-one-hundred chance on the average that the floodplain will be inundated during any year, based on the Flood Insurance Rate Maps for the Town of Beekman produced by the Federal Emergency Management Agency. This boundary may be refined on a site-specific basis by detailed analysis and topographic information provided by a qualified engineer and reviewed by the Town Engineer.

C. All development affecting a designated floodplain area shall conform to Chapter 83, Flood Damage Prevention.

§ 155-47 Landscaping, screening and buffer areas.

All portions of properties, except single-family detached dwellings, which are not used for locations for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes shall be suitably landscaped and permanently maintained with the planting of trees and shrubbery, as approved by the Planning Board as part of the site plan, special use permits or subdivision approval procedure, so as to minimize erosion and stormwater runoff and harmoniously blend such uses with the residential and commercial character of the Town of Beekman as a whole.

A. Buffer. A landscaped buffer area shall be required to screen and protect neighboring residential properties from the view of uses and parking areas of the site and is subject to the following;

(1) Depth. All landscaped buffers shall be at least 10 feet in depth along any lot line abutting or directly across the street from a lot in a residential district or existing residential use.

(2) Plantings. Plantings shall be of such type, height and spacing as, in the judgment of the Planning Board, will effectively screen the activities on the lot from view of persons standing on adjoining properties. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot.

(3) Enclosure. A wall or fence of location, height and design approved by the Planning Board may be substituted for the required planting. In no case shall a chain-linked fence be permitted.

B. Modifications. Where the existing topography and/or landscaping provide adequate screening, the Planning Board may modify the planting and/or buffer area requirements.

C. Maintenance. All planting shown on an approved site plan or special use permit plan shall be maintained in a vigorous growing condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the growing season.

D. Conformance to visual streetscape study. All commercial use applicants in submitting a site plan to the Town Planning Board shall refer to the Town of Beekman Commercial Streetscapes - A Visual Study, as adopted by the Town Board, and to the guides of "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities," for guidance in preparing a landscape plan.

§ 155-48 Removal of topsoil.

A. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which it shall be taken, except in connection with the construction or alteration of a building on such premises or excavation or grading incidental to such construction in connection with a permitted/exempted mining operation, as outlined in § 155-49B of this chapter.

B. No regrading of any proposed subdivision or site plan lot or parcel shall occur prior to final subdivision plat or final site plan approval of the application by the Town of Beekman Planning Board.

§ 155-49 Sand and gravel mining excavation.

A. Applicability.

(1) In accordance with the procedures, standards and conditions hereinafter specified and Schedule A,[1] the Town of Beekman Planning Board may grant a special use permit for the excavation or removal from any lot of earth, loam, topsoil, sand, gravel, clay or stone.

[1] Editor's Note: Schedule A is included as an attachment to this chapter.

(2) It is the intent of this section to regulate the location of such excavation or removal and to assure sound land-use-reclamation practices.

(3) Any excavation or removal of soil or stone not exempted below shall require the issuance of a special use permit under this section.

B. Exemptions. Excavation or removal in the following cases is not subject to the limitations of this section, and no special use permit is required for excavation or removal in such cases, provided that no more than 1,000 tons of soil or stone per year is removed from the property:

(1) Landscaping operations in which the topsoil is removed from one part of the property and deposited on another part of the same property.

(2) The excavation of topsoil and other natural resources from within the limits of the right-of-way or slope rights of any Town, county or state highway or for the sole purpose of building roads and slopes incidental thereto which lie within the area of a subdivision approved by the Planning Board of the Town of Beekman or on file with the Dutchess County Clerk.

(3) The improvement of a single lot or parcel of land in connection with construction of a dwelling, building or any other structure or structures for which a building permit has been issued or in connection with agricultural land improvements.

C. Procedure.

(1) Any application for a special use permit under this section shall follow the procedures set forth in § 155-60 of this chapter. Such application shall be filed simultaneously with an application to the Department of Environmental Conservation pursuant to the Environmental Conservation Law.

(2) A special use permit under this section may be granted for a maximum of three years. If the operator has complied with all provisions of this chapter and with all applicable regulations of other agencies, subsequent extensions of two additional years may be granted following the procedures herein.

(3) To assure maximum public involvement in the process, an applicant must provide proof of actual notice of its application to all adjacent property owners.

D. Standards for land-use reclamation.

(1) The final slope of any excavated material shall not exceed the normal angles of repose of such material as determined by the Town Engineer, except where a suitable retaining wall, as shown on approved plans, is built to provide lateral support. Slope requirements shall take into consideration impacts on residential and commercial areas, but in no case shall a slope be greater than one-foot vertical rise to two feet of horizontal distance.

(2) Any topsoil that is stripped from the surface of the site in order to excavate subsoils shall be stockpiled and immediately planted with a fast-germinating grass for later use in reestablishing vegetation on the site. Topsoil shall be respread over the excavated area to a minimum depth of six inches, provided that there is adequate existing topsoil present. The Town Engineer may require that additional topsoil or fill be brought to the excavation site in order to prevent erosion.

(3) Every precaution shall be taken to prevent soil erosion, with the following standards being applied:

(a) As excavation is completed of each area indicated in the application, the land shall be brought to grades not exceeding the normal angle of repose of the material.

(b) Stockpiled topsoil shall be applied in the following order of priority:

[1] On excavated areas most subject to the effects of erosion.

[2] On excavated areas closest to the street or neighboring residences.

(c) Determination of areas most subject to the effects of erosion shall be made by the Town Engineer. Excavated areas shall be planted with whatever vegetation, in the judgment of the Town, is best suited to the soil conditions. Plantings may consist of materials ranging from grasses to tree species used in reforestation. Plantings shall be repeated as necessary until the area is stabilized.

(4) Where the applicant chooses to fill pits, holes or any other excavated areas, only clean fill, containing no garbage, demolition debris or junk of any kind, shall be used, unless otherwise specifically approved by the Planning Board.

(5) Reclamation shall be an ongoing operation subject to review and approval by periodic inspection and at the termination of the permit.

(6) To the maximum extent practicable, all excavation areas shall be reclaimed immediately upon the completion of excavation operations. Open pits shall be filled immediately, and topsoil and seed shall be applied in the next appropriate season for such application.

(7) Within one year after termination of the excavation operation, all equipment, buildings and structures not consistent with the planned use of the reclaimed land and unsightly evidence of the operation shall have been removed from the premises or disposed of by approved methods, and all restoration shall have been completed.

E. Performance bond. The applicant shall be required to furnish a performance bond sufficient to guarantee completion of the finished reclamation plans. Such bond shall be released only upon certification by the Town Engineer that all requirements of the special use permit and the section have been complied with.

F. Inspection and enforcement.

(1) The applicant shall be responsible for payment of any reasonable fees necessary for review by the Town Building Inspector, Town Engineer or, if necessary, an expert retained by the Town of any new reclamation plan and for payment of any reasonable fees necessary for inspection, monitoring and maintaining the reclamation status of the lands subject to the section. Such fees shall be paid within 30 days of the date when billed.

(2) In order that the Town of Beekman be in an assured position to enforce the provisions of this section and to assure that the completed reclamation meets the requirements of this section and the applicable permit and other applicable ordinances or laws of the Town, as a condition of being issued a permit pursuant to this section, the applicant grants to the Town of Beekman, its officers, employees and any official reclamation advisory body license to determine that the provisions of this section and the applicable permit are being fulfilled.

(3) Any entry by the Town of Beekman, its officers, employees or any official reclamation advisory body shall be made following reasonable notice to the operator.

§ 155-50 Soil erosion and sediment control.

All development, including extensions of previously approved plans, shall comply with provisions for soil erosion and sediment control in accordance with standards and specifications contained in Chapter 128, Stormwater Management; Erosion and Sediment Control. Applicants shall also comply with Chapter 130, Subdivision of Land, or any methods prescribed by the Town Engineer, as may be appropriate.

§ 155-51 Timber harvesting, tree removal and forest management.

[Added 12-1-2020 by L.L. No. 2-2020[1]]

A. Findings and purpose.

(1) Findings.

(a) While it is known that trees and forests have commercial value and may be a source of income to the landowner, it has also been established that trees and forests stabilize the soil, especially on steep slopes; control water pollution by preventing soil erosion and flooding; assist with the reduction in greenhouse gases through the absorption of carbon dioxide and the provision of oxygen; yield advantageous microclimatic effects including providing cooling shade; provide recreation; offer a natural barrier to noise; provide a natural habitat for wildlife; and yield mulch, nuts, fruits and maple syrup. The forest resources of the Town of Beekman help to provide clean water, a diversity of habitat for wildlife, outdoor recreational activities, and a wide range of products.

(b) Zoning laws that discourage forestry uses, or that make the practice of forestry uneconomical, may force forest owners to change their property to other uses. It is in the best interest of the Town to encourage forest parcels to be continued as forest land and to encourage the creation of new forest land where possible.

(c) Timber harvesting is not incompatible with the maintenance of a forested landscape. Good forest management helps to maintain forests and is often necessary for the health of a forest. However, indiscriminate, unregulated cutting, clearing or other removal of trees and forests may deprive the landowner, individual and the community of these benefits; have adverse impact on future growth of trees and forests; adversely affect soils and water resources and supplies and result in soil erosion and sedimentation; create a detrimental effect on neighboring property; and disrupt ecological systems in which trees and forests are an integral part. The Town of Beekman recognizes that timber is a renewable resource of significant value. The Town also recognizes that, if timber harvesting is not conducted properly, this activity can result in significant and direct environmental damage to water quality, soils, adjacent lands, public roads, land and infrastructure, and future forest quality. This section is intended to require the landowner and the timber harvester to be responsible for implementation of the best management practices as outlined herein.

(2) Purpose. The following provisions are designed to prevent the indiscriminate or unnecessary removal of trees within the Town of Beekman and to regulate timber harvesting activities so as to minimize, to the greatest extent possible, the potential negative effects from such activity while preserving the rights of the landowners to manage their land. This section is adopted to advance and protect the public health, safety, and welfare of the residents of the Town of Beekman, by enacting a regulatory framework to permit the safe and orderly harvesting of timber within the Town, while at the same time also protecting the interests of the owners of the neighboring properties, the Town's highways and roads, and the aesthetic qualities of the Town as a whole, by requiring, among other things, tree harvesting to be done in accordance with a timber harvesting management plan.

B. Definitions incorporated. The definitions contained in § 155-4 of any terms used herein are incorporated by reference.

C. New use. "Forest Management" shall be a permitted use in all districts subject to the following:

(1) Qualifying parcels.

(a) The lot on which such use is to occur consists of at least 10 acres.

(b) Any parcels currently receiving a tax exemption pursuant to Real Property § 480-a, Forest Tax Law, shall be deemed to comply with all requirements of this section, without need for further investigation.

(2) Scope of use.

(a) Residential dwellings are permitted at a density no greater than one dwelling per 15 acres.

(b) Felling trees for firewood production for the personal use of the landowner or the immediate family members of such landowner fewer than 20 standard cords within a 12-month period shall be permitted.

(c) Production of saw logs by the landowner for the personal use of the landowner or the immediate family members of such landowner of fewer than 10,000 board feet within a 12-month period shall be permitted.

(d) Passive recreation shall be permitted.

(e) Maple syrup production shall be permitted.

D. Permit required. No person, firm, partnership, corporation or other entity (hereafter referred to as "person") shall engage in timber harvesting without a permit issued by the Code Enforcement Officer in accordance with the following provisions.

E. Exempt activities. The following activities shall be exempt from the permit requirement of Subsection D:

(1) Felling trees for firewood production for the personal use of the landowner or the immediate family members of such landowner fewer than 20 standard cords within a 12-month period;

(2) Production of saw logs by the landowner for the personal use of the landowner or the immediate family members of such landowner of fewer than 10,000 board feet within a 12-month period;

(3) Felling trees on fewer than three acres of land (one lot or contiguous);

(4) Harvesting of sap for maple syrup production;

(5) Harvesting Christmas trees derived from a managed Christmas-tree operation whether dug for transplanting or cut from the stump;

(6) An on-farm "timber operation" as that phrase is defined under Agriculture & Markets Law § 301(14);

(7) Clearing in connection with activities protected under Article 25-AAA of New York State Agriculture and Markets Law;

(8) The cutting or removal of timber or trees in connection with a bona fide operation for which a special use permit has been issued pursuant to Chapter 155, Article XI;

(9) The cutting or removal of timber or trees in connection with construction pursuant to an approved subdivision plat or site plan approved by the Beekman Planning Board pursuant to Chapter 130 or Chapter 155, Article XI, provided that the following limits of disturbance are satisfied: Tree removal shall be limited to the cutting of trees for the purpose of establishing building sites, roadways, appropriate drainage, and appropriate grading. Such cutting shall be limited to an area within 60 feet of the principal structure and within 10 feet of any other proposed improvements. Prior to the removal of an area larger than that described above, a recommendation by the Town Engineer and the approval of the Planning Board for the removal shall be required;

(10) The normal maintenance of trees or property through the pruning or topping of trees or timber, or the cutting, removal or harvesting of trees or timber which are dead or diseased or are a hazard to public safety or health or property; or

(11) The cutting or removal of timber or trees in the case of a bona fide emergency to protect or preserve health, safety or welfare of persons or property as determined by the Code Enforcement Officer or other competent public safety or public health authority.

F. Permit procedure.

(1) Prior to the issuance of any permit pursuant to Subsection D, the applicant for such permit shall provide to the Town:

(a) The landowner's name, address, telephone number and signature;

(b) If there is an authorized representative, their name, address and telephone number, and an affidavit from the landowner stating that the representative is authorized to seek the permit and harvest the timber;

(c) The property location, including its tax parcel identification number(s), street address(es) and cumulative acreage;

(d) Approximate dates of harvesting and approximate volume of timber to be harvested;

(e) A timber harvesting plan, as set forth below.

(f) The name of the forester who prepared the plan, and his or her forestry qualifications.

(g) A performance bond, in an amount to be determined by the Town Forester, in conjunction with the Code Enforcement Officer, and approved by the Town Board, such amount being deemed sufficient to guarantee that the specified best management practices are utilized, and the site satisfactorily stabilized during the tree harvesting and upon completion of the work. Such bond shall be released only upon certification by the Code Enforcement Officer and the Town Forester that all requirements of the tree harvesting permit have been met.

(h) A road bond, in an amount deemed sufficient by the Superintendent of Highways to remediate the damage, if any, that may occur to Town roads as a result of the activities permitted herein. If the Superintendent of Highways is unable or unwilling to make such a determination, it shall be made by the Code Enforcement Officer. Prior to the release of any such road bond, an inspection shall be made by the Highway Superintendent or his designee, and a report given to the Code Enforcement Officer, as to the condition of any Town roads impacted by the harvesting and, if applicable, the need for repair of any damage resulting from the timber harvesting, and the anticipated cost of such repair. Such bond shall be released only upon certification by the Highway Superintendent or the Code Enforcement Officer that the Town roads have been satisfactorily remediated.

(i) Payment of an escrow fee in an amount determined by the Code Enforcement Officer in conjunction with the Town Forester sufficient to cover the anticipated fees to be charged by the Town Forester for the review of the project, including the timber harvesting plan and the associated inspections.

(j) Payment of any application fee as may be set from time to time by resolution of the Town Board.

(k) Copies of any other local, State or Federal permits, where required for stream crossings, wetland disturbance, compliance with the Town's overlay districts (ridgelines, scenic roads, scenic view sheds, and aquifer overlays), or otherwise, as may be required, or a statement from NYS Department of Environmental Conservation (DEC) that no additional permits are required.

(2) The Code Enforcement Officer shall not accept for review any application which does not contain the required information.

(3) If the Code Enforcement Officer determines that the application is complete, it is not an application for clear-cutting, the haul roads or skid trails in the area to be harvested do not have slopes exceeding 15% for more than 200 feet, and no streams are present in or contiguous to the harvest area, as shown on the topographic map(s), the above steps will complete the information needed, the Code Enforcement Officer shall issue a permit within 10 business days of receipt of the complete application.

(4) The Code Enforcement Officer may require, in his or her discretion, that the boundaries of any property subject to a permit for tree harvesting be clearly and conspicuously marked, indicating that the property is subject to a permit for tree harvesting or forest management activities.

(5) Permits shall be valid for a period of 10 years if the property is subject to a forest management plan as set forth in Subsection G(3). In the absence of such a plan, the permit shall be valid for a period of 24 months from the date of issuance. A 24-month extension may be granted by the Code Enforcement Officer. Any additional extensions shall require a renewed application.

(6) The Code Enforcement Officer may add any conditions to the permit that he or the Town Forester believe should be required to prevent or mitigate any adverse effects from the granting of the permit.

(7) Once a permit has been granted, the Code Enforcement Officer shall provide a copy of the same to the Town Highway Superintendent and the Town Supervisor.

G. Timber harvesting plan required.

(1) The timber harvesting operation shall be conducted in accordance with an approved timber harvesting plan, developed by the landowner or their authorized representative and submitted to the Code Enforcement Officer. The timber harvesting plan shall incorporate the standard operating procedures set forth in Subsection H.

(2) A timber harvesting plan shall contain at least the following information:

(a) A copy of a United States Geological Survey 7.5-minute quadrangle topographic map, a US TOPO Map, or a property survey with elevation contours at a scale of 1:24,000 or less, showing the area to be harvested and all lands within 1/4 mile thereof, wetlands, water bodies (including permanent streams), roads and the approximate locations of property boundaries, landing areas, haul roads, and skid trails clearly marked;

(b) Identification of streams, water bodies and wetlands, and any stream crossings;

(c) Identification of all roads within the Town on which vehicles carrying timber are anticipated to travel;

(d) An estimate of number of trees to be harvested;

(e) The planned Best Management Practices (BMPs) to protect water quality identified in detail, landings and public road access identified, in accordance with recommendations in the current NYS DEC Forestry BMP guide;

(f) The anticipated dates of harvest;

(g) The silvicultural objectives for stand(s) to be harvested;

(h) The Plan preparer's name and qualifications;

(i) The planned post-harvest BMPs identified and located to minimize erosion, sedimentation or pollution of waters from skid trails, haul roads and landings;

(j) Evidence that access to public roads provides adequate sight distance so as to not create any hazards;

(k) A silvicultural prescription including the following:

[1] A description of the stand (for example, Northern hardwoods, red pine plantation, Allegheny hardwoods, etc.);

[2] Diameter class (for example, Pole timber, small sawtimber, sawtimber, etc.);

[3] Species composition;

[4] Basal area;

[5] Management objective; and

[6] Prescription.

(l) An incidental taking permit for endangered, and threatened species issued by DEC pursuant to the provisions of 6 NYCRR 182 or a letter from DEC issued pursuant to 6 NYCRR 182.9 that the proposed activity is not subject to regulation. A forest management plan, Real Property Tax Law § 480-a management plan, a forest stewardship incentive plan, or any other qualified forest management plan previously approved by DEC is exempt from this provision as the review has previously been done;

(m) A description of the best management practices that are proposed to be applied to skid trails, landings and haul roads within the harvest area for erosion and sediment control and any other information that is necessary to comply with the provisions of Chapter 128, Stormwater Management; Erosion and Sediment Control; and

(n) A driveway permit issued pursuant to Chapter 65 of the Town Code, if required, or an equivalent authorization for the use of state and county highways issued by the controlling jurisdiction.

(3) The 2005 publication "A Municipal Official's Guide to Forestry in New York State," a joint publication of the New York State Planning Federation, the New York State Department of Environmental Conservation and the Empire State Forest Products Association, published in 2005 with a grant from the United States Forest Service, recommends that towns have a streamlined approval process that is generally not subject to review under the State Environmental Quality Review Act (SEQRA) when best management practices are followed. Accordingly, a forest management plan, if one exists, shall be deemed acceptable without the need for further SEQRA review, provided that it complies with the requirements of Real Property Tax Law § 480-a; or is from a recognized sustainable forestry certification program such as the Sustainable Forestry Initiative, Forest Stewardship Council, Tree Farm, Green Tag, or similar; or is a DEC-approved, Forest Stewardship Plan.

(4) The timber harvesting plan shall be submitted to a qualified professional forester retained by the Town on an as-needed basis. The forester retained by the Town shall be a professional member of the Society of American Foresters; a member of the Association of Consulting Foresters; a forester approved by the New York City Department of Environmental Protection Watershed Agricultural Council; or a person having a degree in forest management from a college or university program recognized by the United States Department of Education, the New York State Board of Regents, the Council for Higher Education Accreditation or the Society of American Foresters. The forester shall review the timber harvesting plan for compliance with this section, approve or disapprove the plan, and submit his/her written findings to the Code Enforcement Officer. The Town Board shall maintain a list of qualified professional foresters suitable to undertake such review.

(5) The timber harvesting plan also shall be submitted to the Highway Superintendent for review and comment on the potential effects of the plan on Town roads and any mitigation that may be required, and the sufficiency of the bond required by Subsection F(1)(g).

(6) Following issuance of the permit, the forester shall perform a minimum of three site visits (pre-harvest, during harvest and post-harvest) or more if deemed necessary based upon site conditions to ensure compliance with this section. The forester promptly shall report any non-compliance in writing to the Code Enforcement Officer.

H. Standard operating procedures. All timber harvesting shall be supervised by a qualified forester and shall comply with the following standards:

(1) In order to minimize erosion, all haul roads and skid trails shall be constructed and maintained in accordance with the best management practices set forth in A Landowner's Guide to Building Forest Access Roads, by Richard Wiest, USDA NA-TP-06-98, July 1998, and Best Management Practices for Water Quality BMP Field Guide, New York State Forestry (Last Revised 2007).

(2) In order to minimize streambank erosion, there shall be no skidding up and down any stream channel. All logging slash and debris shall be promptly removed from any such channels. There shall be no skidding on any public roads.

(3) In order to minimize streambank erosion, the applicants will be responsible for complying with all DEC and Army Corps of Engineers (ACOE) permitting requirements during stream and/or wetland crossings.

(4) Clear-cutting shall only be allowed with a permit issued pursuant to Subsection D and I.

(5) In order to maintain the integrity of streambanks, all operations within the area of streams shall conform to the Best Management Practices for Water Quality BMP Field Guide, New York State Forestry, or any succeeding standards adopted by DEC.

(6) Landings shall not be in the public right-of-way and shall be properly graded to prevent sediment from washing into streams, public roads or drainage ditches along public roads.

(7) If applicable, all operations shall comply with the terms of the incidental taking permit issued by DEC pursuant to the provisions of 6 NYCRR 182.

(8) Site reclamation shall be performed as soon as site conditions allow either during, or upon completion of the harvesting activity, and shall conform to the Best Management Practices for Water Quality BMP Field Guide, New York State Forestry, or any succeeding standards adopted by DEC. The following shall be considered to complete site reclamation:

(a) Haul roads, skid trails and landings shall have permanent erosion control and drainage structures installed as necessary to prevent soil movement and water quality degradation.

(b) Waterbars, dips, diversion ditches or other appropriate management structures should be placed in accordance with Best Management Practices for Water Quality BMP Field Guide to reduce erosion.

(9) All local wetland, water body, watercourse and stormwater protection regulations shall apply, including the provisions of Chapter 128, with the exemption noted in § 128-5B and Article VI, including §§ 155-52 and 155-53.

(10) A 50-foot buffer shall be required between the area of operations and any public road.

(11) All trees shall be felled so that no trees or debris shall fall on any adjoining property or on any roads.

(12) No harvesting operations shall take place between the hours of 8:00 p.m. and 7:00 a.m. or at any time on Sundays or legal holidays.

(13) The Code Enforcement Officer shall have the authority to issue a stop-work order or order the suspension of for all or part of the cutting or harvesting activity tree harvesting operations if, in the opinion of the Code Enforcement Officer or the Town Forester:

(a) Stumps are being removed or there is other evidence which indicates land clearing rather than timber harvesting;

(b) Adverse weather conditions, such as spring thaw or excessive rain make soil erosion and stream sedimentation, or damage to public roads, or damage beyond or outside of the boundaries of the area of the timber harvesting operation, likely; or

(c) A violation exists of New York State Forestry Best Management Practices (BMP) for Water Quality Field Guide, 2011 Edition, or any other conditions of the Timber Harvesting Permit.

I. Clear-cutting.

(1) In addition to the general requirements for applications shown above, no application for a clear-cutting permit shall be deemed complete unless it includes a draft harvest plan prepared by a qualified forester containing:

(a) The map required by Subsection G(2)(a) showing:

[1] The areas to be clear-cut;

[2] Proposed buffers; and

[3] Significant areas of timber infestation or disease on the area to be clear-cut, including but not limited to beech bark disease, scleroderris canker, spruce budworm, and pine blister rust.

(b) A description of the location and nature of any harvesting on the area to be clear-cut or within 1/4 mile thereof within the prior 10 years.

(c) A description of harvest methods (including use of portable chippers), preharvest and postharvest techniques and harvest objectives.

(d) In the event pesticide or herbicide use is proposed, the name of the chemical, the applicator and the manner and rate of application.

(2) Standards for the review of clear-cutting.

(a) If the Code Enforcement Officer is not a qualified forester, the Code Enforcement Officer shall retain the services of an independent qualified forester in the manner provided for by Subsection G(4) to review the clear-cutting application.

(b) The Code Enforcement Officer will not issue a permit to allow clear-cutting unless:

[1] The clear-cutting is for a recognized silvicultural purpose;

[2] There are adequate buffers on the shorelines of lakes, ponds, rivers or streams; along major travel corridors, and, if necessary, around dwellings on adjacent lands, so as to preserve water quality and visual quality and to control noise;

[3] If applicable, habitats of rare and endangered species will be protected in accordance with the provisions of any incidental taking permit issued pursuant to 6 NYCRR 182;

[4] Regeneration of timber is assured;

[5] If proposed, and if allowed by the Code Enforcement Officer, any use of pesticides and herbicides will be strictly controlled;

[6] Harvest will be controlled by qualified personnel by contract, marked stand, direct supervision, or other adequate means;

[7] The storage, mixing, or bulk handling of fuel, chemicals, or other hazardous materials will be strictly controlled;

[8] The provisions of this section will be strictly adhered to; and

[9] The independent forester has approved the clear-cutting application in writing.

J. Enforcement.

(1) It shall be the duty of the Code Enforcement Officer to enforce the provisions of this section.

(2) The Town may, at its sole discretion, ask for assistance from a separate individual including but not limited to a qualified forester of the Town's choice to review timber harvesting applications and make recommendations on permit approval to the Town Code Enforcement Officer. The Town will have ultimate authority to decide on permit acceptance and enforcement.

(3) The Town may require the applicant to establish an escrow account to pay the reasonable costs for the services of a qualified forester to review the permit. If an escrow is required, the application is not complete until such escrow is posted.

(4) By submitting a permit application, the applicant grants to the Town and its agents the authority to inspect and enforce provisions of this section. By applying for a timber harvesting permit from the Town, the applicant, and, if different, the landowner, grant to the Town, including but not limited to the Code Enforcement Officer and the Town Forester, the right to enter upon any property to be harvested, in the process of being harvested, or in the process of being reclaimed after harvesting, to make such inspections as are necessary to determine satisfactory compliance with the provisions of this section. The Code Enforcement Officer, or his or her designee, may enter, examine and survey all grounds affected by the timber harvest in order to ascertain whether such rules and regulations in this section are complied with by any person regulated by this section. The Town may, at its discretion, inspect the site upon completion of the timber harvesting operation to determine if all reclamation efforts have been completed.

(5) Upon notification by the Code Enforcement Officer to the applicant of any violation hereunder, the timber-harvesting permit granted to such applicant may be suspended and/or revoked. Upon suspension or revocation, as the case may be, all operations shall immediately cease, and the applicant shall take immediate steps to implement the actions necessary to come into compliance with the application and timber-harvesting permit. Such suspension or revocation notice may contain conditions to be met to obtain reinstatement of the permit.

(6) Pursuant to § 150.20 of the Criminal Procedure Law and in accordance with § 10, Subdivision 4(a), of the Municipal Home Rule Law, the Code Enforcement Officer and the Zoning Administrator of the Town are hereby authorized to issue and serve appearance tickets with respect to any violation of this section.

(7) In addition to or as an alternative to the above provided penalties, the Town Board may also maintain an action in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction any violation of this section.

(8) An enforcement action for violations of this section may be brought against the owner, an applicant, a timber harvester, and any or all of them, where a violation of any provision of this section has been committed or shall exist.

(9) Failure to obtain a permit. Upon determination by the Code Enforcement Officer that timber harvesting was undertaken without first having obtained a timber harvesting permit, the Code Enforcement Officer shall serve upon the landowner and, if different, the timber harvester, a written cease-and-desist order that shall be effective immediately and which shall direct the landowner to apply for such a permit. In addition to the foregoing, the landowner shall be subject to the penalties set forth herein.

K. Penalties for offenses.

(1) A violation of this section shall be deemed an offense punishable by:

(a) For a first offense, a fine of not less than $100 nor more than $1,000.

(b) For a second offense committed within five years of the first offense, a fine of not less than $300 nor more than $2,000, or a period of imprisonment not to exceed 15 days, or both.

(c) For a third offense committed within five years of the first offense, a fine of not less than $1,000 nor more than $5,000, or a period of imprisonment not to exceed 15 days, or both.

(2) Each day's documented violation and notice after the original notice thereof shall have been given shall be deemed a separate and distinct offense hereunder. Such notice shall be in writing, signed by the CEO, and shall be served upon the person or persons, personally, or at his or their last known address or at the address listed in the application.

L. Appeals procedure. There may be situations where strict adherence to certain provisions of this section is impossible or impractical. The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the CEO, to grant variances from the strict application of this section. Substantial variation from the section may require separate SEQR review.

M. Liability. Neither the issuance of a permit, nor the compliance with the provisions hereof or with any conditions imposed in the permit issued hereunder, shall relieve the permittee from the full responsibility for any damage whatsoever to other persons or property, nor impose any liability upon any officer, agent or employee of the Town for damage to persons or property.

[1] Editor's Note: This local law also repealed former § 155-51, Tree harvesting.

§ 155-52 Wetland, water body and watercourse protection.

A. Purpose and intent.

(1) The purpose of this section is to protect the ecological system of wetlands, water bodies and watercourses within the Town of Beekman by implementing a system of regulations to control certain activities and by establishing buffer zones adjacent to these wetlands, water bodies and watercourses. This includes but is not limited to such activities as the dredging, filling, depositing or removing of material, including vegetation; the diversion or obstruction of water flow, the placement of structures in; or other uses of wetlands, water bodies, and watercourses that may adversely affect the natural, economic, social, agricultural and aesthetic benefits derived from these aquatic resources.

(2) It is the intent of the Town of Beekman to control and regulate those activities, as defined herein, which may impact wetlands, water bodies and watercourses and their associated buffers within the Town thus insuring that the benefits found to be provided by them will not be lost or impaired.

(3) It is the intent of the Town of Beekman to allow reasonable use of land consistent with responsible land management, and to conserve and protect wetlands, water bodies, and watercourses and their buffer zones to the extent reasonably practicable consistent with this objective.

(4) It is the intent to be consistent with the legitimate interests of landowners to make reasonable use of water resources, harvest natural products of wetlands, selectively cut timber and fuel wood and otherwise engage in the use of land for agricultural production.

(5) It is the intent that consideration should be given to the functional significance of a wetland involved in any particular application or proceeding under review for any purpose by the Planning Board, Town Board and/or Zoning Board of Appeals. Wetlands vary in their importance and value. The decisions made by the Planning Board pertaining to the permitted activity under this section should consider and reflect the relative significance or importance of any particular wetland and the potential impact of a proposed project on those values and functions.

(6) The Town of Beekman shall adopt the Town of Beekman Comprehensive Plan Water Resources Map, as augmented by the mapping resources identified below in § 155-52C(1), as the official wetland, water body, and watercourse map to assist in the initial identification of wetlands, water bodies, and watercourses, as defined herein. The Town Engineer, Town Planner and Conservation Advisory Council may update these maps as permits required herein are processed and wetlands, water bodies, and watercourses are delineated. These maps shall be used for reference purposes only. Final determination of wetland, water body, and watercourse presence and their boundaries shall be determined in the field by qualified personnel.

(7) It is the goal of the Town of Beekman to achieve no overall net loss of the Town's remaining wetland resources, including wetland buffer zones. Moreover, it is the long-term goal of the Town to increase the quality and restore the Town's wetland resources in terms of type, function, geographic location, setting and size.

(8) It is the intent of this section to protect wetlands, water bodies, watercourses and buffer zones, in addition to those protected under state or federal regulations.

(9) This section is enacted in accordance with Article 24 of the New York State Environmental Conservation law and in furtherance of the objectives of Section 404 of the United States Clean Water Act. Nothing contained herein shall be deemed to preempt, supersede, alter or alleviate the applicable requirements of New York State Environmental Conservation Law or United States Clean Water Act.

(10) It is the intent of this section that the burden of proof be borne by the applicant for identifying whether their actions do not directly impact a wetland, water body or watercourse or associated buffer zone.

B. Findings and benefits.

(1) Wetlands, water bodies and watercourses are invaluable resources and have been determined to serve a myriad of valuable ecological functions important to public welfare and the economic vitality of the region.

(2) Buffer zones provide benefits that are important in maintaining a wetland's functional integrity and furnish protection against the impacts to the wetland from activities in adjacent upland areas. Likewise, buffers are important for protecting and maintaining the integrity and quality of water bodies and watercourses.

(3) Growth and development have placed increasing demands upon natural resources that may result, and in certain instances have resulted, in the encroachment, despoliation, pollution and/or elimination of wetlands, water bodies and watercourses and their buffer zones.

(4) Loss of wetlands or activities along wetlands, water bodies, or watercourses and their buffers can cause or aggravate flooding, erosion, sedimentation, diminution of water supply and water quality for drinking and waste treatment, and may pose a threat to the health, safety and welfare of the people of the Town of Beekman and the surrounding region.

C. Identification of wetlands and buffers.

(1) Available maps. Identification of the general location of wetlands shall be aided by reference to the following maps; however wetlands not depicted on any map are not exempt from local, state or federal regulation:

(a) Town of Beekman Water Resources Map.

(b) Map entitled "Habitats and Conservation Zones in the Town of Beekman, NY," prepared by Hudsonia, Ltd., 2009.

(c) New York State Freshwater Wetlands Mapping filed with the Town Clerk, illustrating wetlands regulated by Article 24 of the New York State Environmental Conservation Law.

(d) Soils Map of Dutchess County/Soil Survey Series.

(e) The National Wetland Inventory (NWI) maps developed by the United States Fish and Wildlife Service.

(f) United States Geological Survey Maps.

(2) Boundary determination.

(a) The boundaries of a wetland ordinarily shall be determined by field investigation, flagging and may require a subsequent survey by a licensed land surveyor. Current technology and/or other accepted procedures, including but not limited to Geographic Positioning Systems (GPS), may be approved at the discretion of the Planning Board. The Planning Board may consult with, and/or may require the applicant to consult with biologists, hydrologists, soil scientists, ecologists, wetland delineators, botanists, landscape architect or other experts, at the applicant's expense, necessary to make this determination.

(b) The wetland boundary shall be delineated by the methodology set forth in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. This methodology utilizes three parameters: vegetation, soils and hydrology.

(3) Buffer zones. Areas adjacent to wetlands, water bodies or watercourses shall comprise regulated lands as prescribed below. Where such adjacent areas are more strictly regulated by the New York State Environmental Conservation Law, these regulatory provisions shall take precedence:

(a) For all other wetlands, water bodies and quality vernal pools, the regulated adjacent area shall extend 75 feet from the edge of the wetland boundary or mean high water mark.

(b) The regulated adjacent area associated with a regulated watercourse shall encompass adjacent lands extending 50 feet as measured from the top of bank of the watercourse or level of bankfill discharge on each side of the watercourse.

D. Regulated activity. Any application submitted to the Planning Board, Town Board and/or Zoning Board of Appeals shall be subject to concurrent review and issuance of a water resources permit by the Planning Board. Nothing contained herein shall be deemed to preempt, supersede, alter or alleviate the applicable requirements of New York State Environmental Conservation Law or United States Clean Water Act. Activities for which a permit is required shall include any of the following:

(1) Any form of draining or dredging, excavating or removing of soil, mud, sand, gravel or other aggregate from a wetland, watercourse, water body or buffer zone.

(2) Any form of dumping, filling or depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind in any wetland, watercourse, water body, or buffer zone.

(3) Clear cutting of any trees, or harvesting of any timber for financial profit, within a wetland, watercourse, water body or buffer zone.

(4) Erecting any structure, constructing roads, walls, driving of pilings or placing any other obstructions in a wetland, water body or watercourse or buffer zone.

(5) Installing septic tanks, running a sewage outfall or discharging sewage treatment effluent or any other wastes directly into or so as to drain into a wetland, watercourse, water body or buffer zone.

(6) Installing of any pipes, conduits, service lines or wells within a wetland, watercourse, water body or buffer zone.

(7) Intensive and repetitive use of all terrain vehicles and motorcycles, within a wetland.

(8) Any activity regulated by Article 24 of the New York State Environmental Conservation Law and/or Section 404 of the United States Clean Water Act, except where wetlands of less than 11,000 square feet may require a permit under the United States Clean Water Act.

E. Nonconforming activities in a wetland, water body, watercourse or buffer. Except as otherwise regulated, restricted or prohibited by state or federal regulations, the lawful use of any structure, use, activity or lot existing at the time of the enactment of this section may be continued although such use does not conform to the provisions of this section and may be continued subject to Article X, Nonconforming Buildings, Lots and Uses, of this chapter.

F. Prohibited activities.

(1) Placement or deposit of any chemical waste, hazardous waste or storage of any materials that could result in the contamination of any wetland, watercourse, water body or buffer zone.

(2) Introduction of fluids or other materials, with sufficiently extreme temperatures to cause injurious or other harmful ecological effects in any wetland, water body, watercourse or buffer zone.

(3) Any other activities prohibited under state or federal laws.

G. Excluded activities. Activities excluded from regulation shall include the following:

(1) Recreational or commercial fishing, hunting or trapping where otherwise legally permitted and as may be otherwise regulated by New York State.

(2) Public health activities under order and regulations of the New York State Department of Health and/or Dutchess County Department of Health or orders and regulations of any duly authorized agent, provided that copies of such orders and regulations have been filed with the Town Clerk of the Town of Beekman. The Planning Board may request modifications of such orders if they deem it necessary to implement the provisions of § 155-52.

(3) Any actual and ongoing emergency activity which is immediately necessary for protection and preservation of life or property or the protection or preservation of natural resource values. Such emergency activities include, but are not limited to, search and rescue operations; preventative or remedial activities related to large scale contamination of streams or other bodies of water; response to floods, hurricane and other storms; fire fighting and public health concerns. Within two days of the initiation of such an emergency involving the undertaking of any activity which otherwise would be treated as a regulated activity under this section, the person chiefly responsible for undertaking such emergency activity shall communicate with the Town Supervisor of the Town of Beekman setting forth the pertinent facts regarding such emergency, including an explanation of life, property or resource values that such activity was designed to protect or preserve, and an estimated time frame that such activities will require.

(4) Ordinary maintenance and repair of functional structures, facilities, or improved areas existing at the time of the adoption of this code which do not involve expansion or substantial restoration, reconstruction, rehabilitation or modification, including but not limited to bridges, roads, highway, railroad beds, bulkheads, docks, piers, pilings or paved streets.

(5) Operation and maintenance of dams and water control devices in lakes under the jurisdiction of state or federal regulations.

(6) Normal ground maintenance, including mowing, trimming of vegetation, and removing dead or diseased vegetation or trees.

(7) Agricultural activity as defined and permitted by the Agricultural and Markets Law.

(8) Minor activities in a wetland or wetland buffer to include fencing, placing of swing sets, bird feeders, flagpoles and picnic tables. Such minor activities are not excluded when proposed to be conducted within a water body or watercourse.

H. Application process. Any application to the Planning Board, Town Board or Zoning Board of Appeals proposing to conduct an activity regulated herein shall also file an application with the Planning Board for a water resources permit. The water resources activity permit shall be reviewed concurrently with the processing of other applications to the Planning Board, inclusive of fulfilling the requirements of the State Environmental Quality Review Act (SEQRA).

(1) Where a state or federal wetland permit is necessary in addition to a permit under this section, the Planning Board shall conduct a coordinated SEQRA review in order to facilitate interagency sharing of information that may be pertinent to activity affecting wetlands, water bodies and watercourses.

(2) All permit applications shall comply with § 155-59, Site plan review, and be submitted at least 17 days in advance of the next regular Planning Board meeting. In addition, the following information prepared by a qualified professional shall be provided:

(a) Natural heritage. The applicant shall contact in writing the Natural Heritage Program at NYSDEC, or the appropriately designated New York State agency, to ascertain the presence or absence of endangered or threatened species. A copy of the Natural Heritage Program's written reply must be submitted with the application.

(b) A map, certified by an engineer, architect, land surveyor or landscape architect licensed in the State of New York, drawn to a scale no less detailed than one inch equals 50 feet showing the proposed activity and description of the hydrologic features occurring on the project site and within 100 feet of all property boundaries of the project site, including the following:

[1] The presence of any wetlands on the project site, as well the entire contiguous or hydrologically connected wetland system, as mapped according to local law, New York State Department of Environmental Conservation, and/or United States Army Corps of Engineers.

[2] Any soils classified as hydric or having potential hydric indicators by the Natural Resources Conservation Service.

[3] The presence of any streams, drainage channels or watercourses.

[4] The presence of a one-hundred-year floodplain.

(c) A statement of the anticipated completion date of the project, including any future development proposals for the property.

(d) When alternative locations exist for the proposed activity, a detailed analysis explaining why an alternative location was not selected for the project.

(e) Groundwater table elevations. Showing depth to water table and direction of flow and hydrologic connections with surface water features.

(f) Construction details/deposition of spoil. Where creation or enlargement of a lake or pond is proposed, details of the construction of any dams, embankments, outlets or other water control devices and of the handling and deposition of the spoil material.

(g) Quantity of material. The estimated quantities of material to be deposited or removed.

(h) List of affected functions. A description of all functions of the wetland, watercourse, water body and buffer zone which will be affected positively and negatively by the activity.

(i) A description of the vegetative cover of the regulated area, including dominant species.

(j) Soil profile, including soil color and texture.

(k) Impacts upstream and downstream. Applications for projects affecting the water-retention capacity, water flow or other drainage characteristics of any pond, lake, reservoir, natural drainage system or wetland shall include a statement and numerical calculations of the impact of the project on upstream and downstream areas, giving appropriate consideration to other than normal levels of watercourses and amounts of rainfall, specifically the one-hundred- year storm.

(l) A full environmental assessment form (EAF) pursuant to the State Environmental Review Act (SEQRA) Implementing Regulations, unless submitted in connection with a pending subdivision approval, site plan review and/or special use permit. This application shall be accompanied by applications for approvals or permits required by any other applicable federal, state or local permits or authorization, including wetlands permits under Articles 15 and 24 of the New York State Environmental Conservation Law and Section 404 of the Clean Water Act.

I. Standards for permit decisions. In its determination to approve, deny or condition any permit, the Planning Board shall consider the effect of the proposed activity with reference to the purpose and intent of this section, as set forth in § 155-52. Due consideration will also be given to the benefit the applicant and/or the public may derive from the completion of the proposed activity. The Planning Board will consider the following factors in its decision:

(1) The impact of the proposed activity, and existing and reasonably anticipated similar activities, upon neighboring land uses and wetland functions as set forth in § 155-52, including but not limited to the:

(a) Infilling of a wetland or other modification of natural topographic contours.

(b) Disturbance or destruction of natural flora and fauna.

(c) Influx of sediments or other materials causing increased water turbidity and/or substrate aggradations.

(d) Removal or disturbance of wetland soils.

(e) Alterations in wetland water supply.

(f) Interference with wetland water circulation.

(g) Damaging reduction or increases in wetland nutrients.

(h) Influx of toxic chemicals and/or heavy metals.

(i) Damaging thermal changes in the wetland water supply.

(j) Destruction of natural aesthetic values.

(k) Destabilization of a regulated area, channel or bank, including:

[1] Any existing wetland impacts and the cumulative effect of reasonably anticipated future wetland activities in the wetland subject to the application.

[2] The impact of the proposed activity and reasonably anticipated similar activities upon flood flows, flood storage, storm barriers, water quality and shoreline protection.

[3] The safety of the proposed activity from flooding, erosion, hurricane winds, soil limitations or other hazards with possible loss to the applicant and subsequent purchaser of the land.

[4] The adequacy of water supply and waste disposal for the proposed use.

[5] Compliance with federal, state, county and local comprehensive land use plans, policies and regulations, and in particular, "New York Standards and Specifications for Erosion and Sediment Control."

[6] Any other consideration which the Planning Board deems pertinent.

(2) An application for a permit shall be denied by the Planning Board unless:

(a) The proposed regulated activity is consistent with the policy of § 155-52 to preserve, protect and conserve wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of wetlands and to regulate the development of such wetlands in order to secure the natural benefits of wetlands, consistent with the general welfare and the beneficial economic and social development of the Town of Beekman.

(b) The proposed regulated activity is reasonable and necessary.

(c) There is no practicable alternative for the proposed regulated activity on a site which is not a wetland or buffer.

(3) Duly filed written notice by the state, an agency or subdivision thereof to the Planning Board that the state or any such agency or subdivision is in the process of acquiring the affected area on which a proposed regulated activity would be located by negotiation or condemnation, shall be sufficient basis for denial of a permit for such regulated activity. Such notice shall be in accordance with 6 NYCRR 665.7(i) and may be provided at any time prior to the Planning Board's decision to issue or deny a permit for the regulated activity.

(4) Conservation Advisory Council review. The Planning Board shall refer each application to the Conservation Advisory Council, and the Conservation Advisory Council shall receive a complete set of application materials for each application and shall file a written report with its recommendations concerning the application within 30 days of the referral. Such report shall evaluate the proposed operation or project in terms of the findings, intent and standards of § 155-52.

(5) Public hearing. Within 62 days after receipt of a complete application, the Planning Board shall hold a public hearing on the application. Notice of such hearings shall be given in the same manner as prescribed for the approval of plats under § 276 of the Town Law, and, in addition, the applicant shall notify all property owners within 250 feet of the subject property. Such service shall be made by certified mail, return receipt requested. Such mailing shall be made at least five business days before the date set for hearing. All applicants, maps and documents relating thereto shall be open for public inspection at Town Hall. At such hearing any person or persons having an interest may appear and be heard.

(6) Mitigation plan. The Planning Board shall require preparation of a mitigation plan by the applicant when the applicant has demonstrated that either losses or impacts to the wetland or wetland buffer are necessary and unavoidable and have been minimized to the maximum extent practicable. For the purposes of this § 155-52, wetland impacts are necessary and unavoidable only if all of the following criteria are satisfied:

(a) The proposed activity does not measurably impinge upon the public health, safety, and welfare; and

(b) There is no feasible on-site alternative to the proposed activity, including reduction in density, change in use, revision of road and lot layout, relocation, elimination or consolidation of proposed structures, and/or related site planning considerations, that could accomplish the applicant's objectives.

(7) Conditions for a permit. Every permit issued pursuant to this § 155-52 shall contain the following general conditions:

(a) Right to inspection. The Building Inspector or designee shall have the right to inspect the project from time to time. Reasonable notice of an inspection should be given to the permit holder, and the permit holder should have the right to accompany the inspector.

(b) Notification of project initiation. The permit holder shall notify the Building Inspector or designee, in writing, of the date on which project construction is to begin, at least five business days in advance of such date.

(c) Display of permit. The permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit.

(d) Demarcation of boundaries and wetlands. The boundaries of the project shall be clearly staked or marked at the site until the regulated activity is concluded and any final inspections have occurred. In addition, any wetlands, water bodies and watercourses contained within boundaries of the project site shall also be staked or marked at the site until the regulated activity is concluded and any final inspections have occurred.

(e) Permit expiration. All permits shall expire on completion of the acts specified and, unless otherwise indicated, shall be valid for a period of one year.

(f) Permit revocation. Any permit where the issuance of which was based on erroneous or incomplete information is subject to revocation by the approving authority.

(g) Construction fencing and erosion control. The limits of disturbance to any regulated area will be identified by construction fencing, and erosion control measures as appropriate to protect regulated areas shall be installed, and such protection shall remain in place and in good condition until all construction activities are complete.

(8) Any permit issued pursuant to § 155-52 may be issued with special conditions. Such conditions may be attached as necessary to ensure the preservation and protection of affected wetlands and to assure compliance with the policy and provisions of this code. Such conditions may include, but shall not be limited to:

(a) Limitation on the total portion of any lot or the portion of the wetland on the lot that may be cleared, graded, filled or otherwise modified;

(b) Modification of waste disposal and water supply facilities;

(c) Imposition of operation controls and sureties;

(d) Dedication of easements to protect wetlands, water bodies and watercourses;

(e) Setbacks for structures, fill, deposit of spoil and other activities from the wetland;

(f) Modifications in project design to ensure continued water supply to the wetland and circulation of waters; and

(g) Replanting of wetland vegetation and construction of new wetland areas to replace damaged or destroyed areas.

(9) Permit renewal. Upon request of the applicant, the Planning Board may renew a permit for a period of one year for the purpose of completing the activity(ies) specifically authorized by the permit. The fee for a permit renewal will be set by the Town Board.

(10) Bonding requirements. Upon consultation with the Town Engineer, the Planning Board shall determine whether or not prior to commencement of work under any permit issued pursuant to this § 155-52, and, as a condition thereof, the applicant should post a bond (cash or other suitable financial assurance) or letter of credit, conditioned upon the faithful compliance with the terms of such or for restoration costs which may result from failure to so comply. Upon recommendation of the Planning Board, the Town Board shall fix the conditions and amount of such bond or letter of credit within its sole discretion. The same shall remain in effect until the Planning Board certifies that the work has been completed in compliance with the terms of the permit and the bond is released by the Town Board, or a substitute bond or letter of credit is provided that is acceptable to the Town Board.

(11) Inspection requirements.

(a) Inspection fee. If an inspection is required or determined necessary to certify that the work is completed in compliance with the terms of the permit, an inspection fee in the amount of 10% of the bond amount will be required of the applicant.

(b) Notification. The applicant shall notify the Building Inspector or designee when reaching stages of the activity as may be required in the permit. No activity requiring inspection will be approved without such notification. Advance notice of at least two working days shall be given whenever possible.

(12) Findings. Decisions on permit applications shall be supported by written findings based upon the information contained in the application and the in the record of the review proceeding.

J. Mitigation plan requirements.

(1) Mitigation plans shall be prepared by a qualified professional and shall specify mitigation measures that provide for replacement wetlands that recreate as nearly as possible the original wetlands in terms of type, function, geographic location and setting, and that are at least as large as the original wetland and preferably larger. For the purposes of mitigation, losses of wetland buffers will be viewed as losses of wetland. Any mitigation plan prepared pursuant to § 155-52 and accepted by the Planning Board shall become part of the permit for application.

(2) Mitigation monitoring. Projects shall be monitored according to the specifications set forth in the permit, to determine whether the elements of the mitigation plan and permit conditions have been met and whether the wetland acreage created replaces the wetland acreage lost. To this end, the Planning Board may contract with qualified professionals at the expense of the applicant, or may use its own staff expertise. The requirements for monitoring shall be specified in the mitigation plan and shall include, but not be limited to:

(a) The time period over which compliance monitoring shall occur;

(b) Field measurements to verify the size and location of the impacted wetland area and the restored/replacement wetland area;

(c) The date of completion of the restoration/replacement; and

(d) Field verification of the vegetative, hydrologic, and soils criteria as specified in the mitigation plan and permit.

K. Other local laws and regulations. No permit granted pursuant to this section shall remove any person's obligation to comply in all respects with the applicable provisions of any other federal, state, county, local law, or regulation, including but not limited to the acquisition of any other required permit(s) or approval(s).

L. Enforcement, penalties and corrective action.

(1) Corrective action. If, upon inspection, it is found that any activities have not been undertaken in accordance with the permit, the applicant shall be responsible for completing those activities according to the permit. Failure of the Building Inspector or designee to carry out inspections shall not in any way relieve the applicant or the bonding company of their responsibilities.

(a) When any person has been found in violation of any provision of § 155-52, and whose permit has been suspended or upon whom a stop-work order has been issued, corrective action shall be carried out as follows:

[1] When the terms or conditions of an approved permit have been violated and a stop-work order has been issued, the Building Inspector or designee may provide a reasonable and specified time within which corrective action shall be completed. The violator may be required to restore the affected wetland, watercourse and/or buffer to its condition prior to the violation to the satisfaction of the Building Inspector or designee. If restoration is not possible, mitigation (See Article XII.) shall be required.

[2] When the violation of the terms of the permit is of such a serious nature that the Building Inspector or designee has suspended the permit or recommends the revocation of the permit, the Building Inspector or designee shall refer the matter to the Planning Board for their determination.

§ 155-53 Steep slopes protection.

A. Purpose and intent.

(1) Steep slopes in Beekman are environmentally sensitive land formations and valuable natural resources which are of benefit to the entire Town and the surrounding region. The protection of steep slopes is a matter of concern to the entire Town.

(2) Regulation of steep slope development is consistent with the legitimate interests of landowners to make reasonable use of their land. Regulation can prohibit the degradation of steep slopes and allow reasonable use of private property by encouraging flexible design of development so as to minimize the disturbance of steep slopes. Regulation can also permit environmentally sound disturbance of steep slopes conducted in accordance with acceptable engineering practices to permit reasonable use of private property.

(3) It is declared to be the intent of the Town of Beekman to preserve steep slopes to the greatest extent practicable and to regulate their use within the Town of Beekman to protect the public interest by ensuring the maximization of benefits found to be provided by the preservation of steep slopes and by ensuring the minimization of detrimental effects through the practice of properly managed disturbance of steep slopes.

B. Exempt activities.

(1) Any customary landscaping not involving regrading is allowed without the need for obtaining approval from the Planning Board, provided that such activity conforms to this code, and all other applicable ordinances, laws and regulations.

(2) Any development, alteration or improvement of property for which final approval shall have been obtained and not expired and the approved work not completed prior to the effective date of this code. As used in this section, the term "final approval" shall mean:

(a) In the case of the subdivision of land, conditional approval of a final plat as the term is defined in the Town Law.

(b) In the case of a site plan not involving the subdivision of land, adoption by the Planning Board of a resolution granting approval.

(c) In those cases not covered by Subsection B(2)(a) and (b) above, the issuance of a building permit or other authorization for the commencement of the development, alteration or improvement of property or for those developments, alterations or improvements for which the Town of Beekman does not require such permits, the actual commencement of the development, alteration or improvement of property.

C. Regulated activities. It shall be unlawful to create any disturbance, other than an exempt activity, of any steep slope in the absence of a specific, written approval by the Planning Board.

D. Permit procedures.

(1) The Building Inspector shall refer all applications for building permits to the Town Engineer for a determination of the status of the proposed activity relative to § 155-53. If the Town Engineer determines that the proposed activity is not regulated by § 155-53, he shall so notify the Building Inspector, who may proceed with the review of the application for a building permit. If the Town Engineer determines that the proposed activity is regulated by § 155-53, he shall notify the Building Inspector that the submission, review and approval from the Planning Board shall be required before the Building Inspector can issue a building permit.

(2) The Highway Superintendent shall refer all applications for steep slope driveway permits to the Town Engineer for the same determination, identified above, when such applications are not related to a building permit application.

E. Plans/specifications. Detailed plans and specifications shall comply with § 155-59, Site plan review. In addition, the following information shall be provided:

(1) Estimated material quantities of excavation/fill.

(2) Location and size of slope categories of extremely (33% or greater), very steep slopes (25% to less than 33%) and moderately (15% to less than 25%), under existing and proposed conditions, in the area of proposed disturbance and within a distance of 25 feet.

(3) Location and size of areas of soil types in the area of proposed disturbance and to a distance of 25 feet.

(4) Existing and proposed adjusted contours at two-foot intervals in the area of proposed disturbance and to a distance of 25 feet beyond the disturbance.

(5) Cross sections of critical steep slope areas.

(6) Retaining walls, with details of construction signed and sealed by a New York State licensed professional engineer.

(7) Other details, including specific reports by qualified professionals on soils, geology and hydrology, as may be determined to be necessary by the approval authority.

F. Standards for disturbance of steep slopes. The Planning Board shall consider the following when reviewing steep slope disturbance applications:

(1) Disturbance of trees and forests on steep slopes shall be in conformance with all the applicable Town regulations pertaining to trees.

(2) Disturbance of steep slopes shall be consistent with the current understanding of good architecture, urban design, landscape architecture and civil engineering, such that, to the maximum extent possible:

(a) The planning, design and development of building design shall provide the maximum in structural safety and human enjoyment while adapting the building site to and taking advantage of the best use of the natural terrain.

(b) The padding or terracing of building sites, including but not limited to the mounding of septic tile fields shall be minimized.

(c) Roads and driveways shall follow natural topography, minimize regrading and comply with the design standard for maximum grade, of Subdivision Road Construction, Road Specifications[1] and Zoning Code Off-Street Parking, Loading and Driveways Standards.

[1] Editor's Note: See also Ch. 130, Subdivision of Land.

(d) The natural elevations and vegetative cover of ridgelines shall be disturbed only if the crest of the ridge and the tree line at the ridge remains uninterrupted either by positioning buildings and areas of disturbance below the ridgeline or by positioning buildings and areas of disturbance at the ridgeline so that the roofline of the building is seen as a continuation of the natural tree line with the existing trees serving as a backdrop to the structure. However, under no circumstances shall more than 100 feet along the ridgeline, to a width of 100 feet generally centered on the ridgeline, be disturbed.

(e) Any regrading shall blend in with the natural contours and undulations of the land.

(f) Cuts and fills shall be rounded off to eliminate sharp angles at the top, bottom and sides of regraded slopes. Visible construction cuts and permanent scarring should be minimized.

(g) The angle of cut and fill slopes shall not exceed the natural angle of repose of the soil or rock materials in the cut or fill, except where retaining walls, structural stabilization or other methods acceptable to the Town Engineer are used. Generally for soils, cut and fill slopes shall be no steeper than two horizontal to one vertical (fifty-percent slope).

(h) Fill slopes shall not be located on natural slopes of two horizontal to one vertical (fifty-percent slope) or steeper or where the fill slope bottoms out within 12 feet horizontally of the top of an existing or proposed cut slope.

(i) Tops and bottoms of cut and fill slopes shall be set back from existing and proposed property boundaries a distance of three feet plus 1/5 of the height of the cut or fill but need not exceed a horizontal distance of 10 feet.

(j) Tops and bottoms of cut and fill slopes shall be set back from structures a distance that will ensure the safety of the structure in the event of the collapse of the cut or fill slopes. Generally, such distance shall be considered to be six feet plus 1/5 of the height of the cut or fill but need not exceed 10 feet. Nevertheless, a structure built on a slope or at the toe of a slope is permitted if it is properly designed by a New York State licensed professional engineer to retain the slope and withstand the forces exerted on it by the retained slope.

(k) Disturbance of rock outcrops shall be by means of explosives, only if labor and machines are not effective and only if rock blasting including safety, security and protection procedures, is conducted under the supervision of a New York State licensed blaster and in conformance with the following or current acceptable practices:

[1] United States Army Corps of Engineers Safety Manual EM 385-1-1.

[2] Code of Federal Regulations A.F.T. Title 27.

[3] Institute of Makers of Explosives Safety Library Publication No. 22.

[4] New York State Code of Rules and Regulations, Title 12, Part 39.

(l) Disturbance of steep slopes shall be undertaken in workable units in which the disturbance can be completed within one construction season so that areas are not left bare and exposed during the winter and spring-thaw periods.

(m) Disturbance of existing vegetative ground cover shall not take place more than 15 days prior to grading and construction.

(n) Temporary soil stabilization must be applied to an area of disturbance within two days of establishing the final grade and permanent stabilization within 15 days.

(o) Soil stabilization must be applied within two days of disturbance if the final grade is not expected to be established within 60 days.

(p) Measures for the control of erosion and sedimentation shall be undertaken consistent with the New York State Standards and Specifications for Erosion and Sediment Control, as amended.

(q) All proposed disturbance of steep slopes shall be undertaken consistent with the soils limitations ratings contained in the Dutchess County soil survey, as prepared by the Dutchess County Soil and Water Conservation District, in terms of recognition of limitations of soils on steep slopes to development and application of all mitigating measures as deemed necessary by the approval authority.

(r) Topsoil shall be stripped from all areas of disturbance, stockpiled in a manner to minimize erosion and sedimentation and replaced wherever needed on the site at the time of final grading.

(s) Replanting shall consist of indigenous vegetation and shall replicate the original vegetation on the site as much as possible.

(t) No organic material or rock with a sufficient diameter to not allow appropriate compaction or cover by topsoil shall be used as fill material.

(u) Compaction of fill materials in fill areas shall be such to ensure support of proposed structures and stabilization for intended uses.

(v) Sanitary sewage disposal systems shall be prohibited on extremely steep slopes and very steep slopes.

G. Conservation Advisory Council review. The Planning Board shall confer with the Conservation Advisory Council, and the Conservation Advisory Council shall a file a written report with its recommendations concerning the application within 30 days of the referral. Such report shall evaluate the proposed operation or project in terms of the findings, intent and standards of § 155-53.

H. Burden of proof. The applicant shall have the burden of proof of demonstrating by clear and convincing evidence that the proposed activity is not adverse to the public health, safety and general welfare and that it is consistent with the findings, the purposes, the objectives, the standards and approach of this code. With respect to steep slopes applications involving a grade of 33% or greater, an applicant has an added burden of proof to demonstrate again by clear and convincing evidence that no reasonable use of the site, lot or parcel is possible without disturbance of said steep slope area.

I. Performance and erosion control bonds.

(1) The approval authority may require posting of a performance and/or erosion control bond(s) as a condition of approval, the amount and surety of such bonds is to be approved by the Town Board. The performance bond is intended to ensure the proper completion of the proposed activity in accordance with the approved plans, the restoration of the area to its natural condition as far as practicable and protection of adjoining property owners from damage resulting therefrom. The erosion control bond is intended to ensure the proper installation and maintenance of the erosion control measures during the activity period. The bond(s) shall remain in effect until the approval authority certifies that the work has been completed in compliance with the terms of the permit, whereupon the bond shall be released or reduced by the approval authority after authorization of the Town Board. A substitute bond may be provided if approved by the Town Board.

(2) The applicant may be required to certify that insurance has been obtained against liability which might result from the proposed operation or use covering any and all damages which might occur within three years of completion of such operations, in an amount to be determined by the approval authority commensurate with the projected operation.

J. Inspection.

(1) General procedure. When the approval authority deems necessary, it shall inspect or cause to be inspected by its representative, activities undertaken pursuant to a permit so as to ensure satisfactory completion. If, upon inspection, it is found that any of the activities have not been undertaken in accordance with the permit, the applicant shall be responsible for completing those activities according to the permit (in addition to being subject to the sanctions set forth in Article VI). Failure of the authority or its representative to carry out inspections shall not in any way relieve the applicant or the bonding company of its responsibilities.

(2) Inspection fee. If an inspection is required to certify that the work is completed in compliance with the terms of the permit, an inspection fee in the amount of 10% of the bond amount will be required of the applicant.

(3) Notification. The applicant shall notify the authority or its representative when reaching stages of the activity as may be required in the permit. No activity requiring inspection will be approved without such notification. Advance notice of at least two working days shall be given whenever possible.

§ 155-53.1 (Reserved) [1]

[1] Editor's Note: Former § 155-53.1, Tree removal, was repealed 12-1-2020 by L.L. No. 2-2020. See now § 155-51, Timber harvesting, tree removal and forestry management.

§ 155-53.2 through § 155-53.3. (Reserved)