[HISTORY: Adopted by the Board of Trustees of the Town of Hamburg 8-4-2003
by L.L. No. 4-2003. Amendments noted where applicable.]
The Town of Hamburg recognizes the value of trees and that the preservation
of these resources is necessary to protect the health, safety and general
welfare of the Town. Trees provide shade, impede soil erosion, aid water absorption
and retention, inhibit excess runoff and flooding, enhance air quality, offer
a natural barrier to noise, provide habitat for wildlife, provide screening,
enhance property values, and add to the overall aesthetic quality of the Town.
It is the intent of this chapter to regulate the removal of trees, the planting
of new trees (particularly under new development proposals), the preservation
of existing trees, and the controlled harvesting of this natural resource.
This chapter sets forth regulations for tree removal(s) associated with site
plan, subdivision and special permit applications before the Town of Hamburg;
establishes restrictions for the removal of trees not associated with applications
for site plan, subdivision or special permit; and regulates certain activities
associated with the harvesting of trees. Certain actions regulated under this
chapter may be of a sufficient scale to necessitate approval by the Town,
and may result in significant environmental impacts subject to review pursuant
to the State Environmental Quality Review Act.
As used in this chapter, the following terms shall have the meanings
indicated:
A person requesting a tree removal permit from the Town or a person
to whom a tree removal permit has been issued.
The Town Code Enforcement (Building Inspector) Office or his designee.
The officer designated by the Town of Hamburg and charged with the
enforcement of zoning, building and fire prevention codes.
The complete cutting and removing of an entire stand of trees or
the complete clearing of trees from more one-quarter acre of land.
Any intentional or negligent cutting or activity that completely
removes or significantly disturbs any type of vegetation resulting in the
decline or death of that vegetation on more than one-quarter acre of land.
Such area being measured as a square with each side measuring 100 feet or
as that part of a quarter-acre area which is located on the subject property.
The Conservation Advisory Board of the Town of Hamburg, New York.
A standard measurement of the diameter of a tree trunk made at 4 1/2
feet above ground level on the uphill side of the tree.
The wearing away of the land surface by the action of wind, water,
and gravity or other natural forces.
The Town of Hamburg Open Space/Recreation Plan dated April 1994.
Trees, shrubs and all other woody vegetation in public parks having
individual names or areas in which the public has free access as a park.
Any individual person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including public agencies
and municipal corporations.
The Planning Board of the Town of Hamburg, New York.
Any activity specified in § 243-4 herein.
The required horizontal distance from any existing or proposed building
or structure to the property line or street line.
A listing of selected trees recommended by the Town, as determined
by the Conservation Board, for planting in the Town of Hamburg.
Any tree with a DBH of 18 inches or greater that is determined to
have a good chance of survival, and/or a tree that possesses qualities that
are beneficial to wildlife regardless of size (i.e., trees such as aspens,
regardless of size).
Trees, shrubs, and all other woody vegetation on land lying between
property lines on either side of all streets, avenues, roads or ways within
the Town.
Any activity that involves the selective cutting and removal of mature
trees by a landowner or representative of a landowner, whether or not compensation
is paid. This activity is considered an agricultural operation and must occur
in the RA Zoning District of the Town. Actions that do not meet this definition
will be deemed clear cutting.
The Town of Hamburg, New York.
The Town Board of the Town of Hamburg, New York.
Any living, woody plant, usually having one self-supported stem or
trunk and numerous branches, that can attain heights in excess of 20 feet
and has a DBH of four inches or more.
Any physical removal of a tree or any act which will cause a tree
to die within a one-year period.
A permit granted under this chapter that allows for the removal of
regulated trees as defined herein.
All lands and submerged lands, commonly called marshes, swamps, sloughs,
bogs, and flats, which support aquatic or semiaquatic vegetation. These areas
are transitional zones that occur between terrestrial upland systems and deepwater
aquatic systems and are part of a continuous gradient between both. Wetlands
provide flood control, surface and ground water protection, wildlife habitat,
open space, and water resources.
The arrangement of food, water, shelter or cover and space necessary
for the existence of wildlife.
The Conservation Board shall compile a listing of recommended tree species
for planting and replanting in the Town of Hamburg. This list will contain
species that are indigenous and/or non-indigenous but are found to be sound,
based upon climate, soils, hydrology, and other environmental factors. This
list shall be periodically reviewed and revised as necessary.
Except as provided in § 243-5 herein, it shall be unlawful to conduct, directly or indirectly, any of the following activities in the Town of Hamburg (after the adoption of this chapter) unless a tree removal permit and approval is obtained pursuant to § 243-6:
A.
Clearing, as defined in § 243-2 of this chapter, unless stricter requirements have been imposed under subdivision approval requirements or pursuant to the restrictions of a designated overlay district, the extent of clearing for single-family homesites shall not exceed an area of more than one-quarter acre, not including the area used for driveways or septic systems.
B.
Tree removal of over 10 trees within a regulated setback
area (per lot).
D.
Timber harvesting: See NYS guidelines (or Town guidelines,
if in place).
E.
Removal of any street or park trees.
The following activities are permitted by right:
A.
Removal of any tree under an actual or ongoing emergency
condition when such tree removal is necessary for the protection and preservation
of life or property.
B.
Removal of dead or diseased trees, including those located
on private property that constitute a hazard to life or property.
C.
Removal of 10 or fewer trees in the regulated setback
area.
D.
Removal of any tree, which is not located within a required
setback zone, by a cemetery association that is regulated by the New York
State Division of Cemeteries.
E.
The routine maintenance of roads, easements and rights-of-way
and the clearing of farm fence lines.
A.
Any person proposing to undertake tree removal(s) or
clearing shall file an application for a tree removal permit with the approving
authority as hereinafter provided. The application for a permit shall not
be subject to a public hearing nor shall notification of adjoining or other
property owners be required. The approving authority shall make its determination
based upon its inspection of the property and information contained on the
application. For activities relating to site plan or subdivision approvals,
the permit application shall be submitted along with the site plan or subdivision
application. The application shall include the following information:
(1)
The name, address, and telephone number of the property
owner and the applicant, if different;
(2)
The street address, zoning classification, site acreage,
and Tax Map designation of the property;
(3)
A statement of authority from the property owner for
any agent making application for a permit; and
(4)
A general description of the proposed tree removal(s)
and purpose.
B.
If the proposed action involves clearing or clear cutting,
additional information shall be required as requested by the approving authority,
including but not limited to the following:
(1)
An explanation as to why the proposed activity is being
done at that specific location.
(2)
Complete plans for the reclamation of the site to reduce
erosion and sedimentation impacts after tree removal, which shall be certified
by a professional landscape architect or professional engineer, drawn to scale
at no less than one-inch equals 50 feet, and showing:
(a)
The location of the tree removal area in relation to
the property lines, roads, buildings, wetlands and watercourses within 250
feet of the subject property;
(b)
A description of the vegetative cover of the tree removal
area, including dominant species before and after the tree removal;
(c)
Estimated number of acres to be cleared or harvested;
and
(d)
The location of existing or proposed access roads.
(3)
Additional information, as needed, such as the study
of flooding, erosion or other hazards at the site and the effect of any protective
measures that might be taken to reduce such hazards. This information will
typically be required in areas of erosive soils, steep slopes (>10%) or in
areas of known drainage problems.
(4)
A list of the names and addresses of adjacent property
owners, and the distance of any of their structures (homes, etc.) from the
proposed activity.
(5)
The estimated date of commencement and completion of
the proposed action.
(6)
Any other information deemed necessary by the approving
authority to evaluate the proposed clearing or harvesting activity in terms
of the goals and standards of this chapter and the Town of Hamburg Open Space/Recreation
Plan.
(7)
Other requirements as specified by the approving authority.
C.
If the tree removal permit is part of a site plan or
subdivision application, the following information must be provided.
(1)
All large areas of trees (more than 10 trees) and woodlands
must be shown on the plans.
(2)
For major subdivision approval, the applicant must show
how the maximum number of trees can be preserved on the subject property,
taking into consideration the lot layout, driveway locations, building locations
and septic or sewer system locations.
(3)
If appropriate trees cannot be preserved, the Planning
Board will require the installation of two new trees per building site at
locations prescribed by the Town. Trees for replanting shall be selected from
the Town of Hamburg Species List, and be a minimum of 2 1/2 inches in
caliper or as specified.
D.
Fees.
(1)
An application fee and inspection fee in amounts set
forth in a fee schedule established by resolution of the Town Board shall
be submitted with a permit application for tree removal. All costs incurred
by the Town in the review of this application shall be borne by the applicant.
(2)
In the event that an application requires the Town to
incur additional expenses for technical assistance in the review of the application,
the applicant shall pay the reasonable expenses incurred by the Town. The
applicant shall be notified of the expenses and shall deposit said necessary
funds prior to the cost being incurred.
E.
All information relating to a tree removal permit application,
including but not limited to the application itself and additional required
materials or information (if any) shall be maintained on file in the office
of the Town Building Inspector.
F.
The approving authority for all applications shall be the Town Building Inspector or his designee, except as specified in § 243-6G. All applications received by the Building Inspector shall be reviewed by the Conservation Board prior to making a determination on said permit application.
G.
Planning Board as approving authority.
(1)
In accordance with the zoning requirements of the Town
of Hamburg, the Planning Board shall be the approving authority for:
H.
Waiver of requirements.
(1)
Should the Planning Board determine, after review of
an application, and upon recommendation from the Conservation Board, that
a proposed action is insignificant, the Planning Board shall have the power
to:
I.
Applications for permits under this chapter, except for those specified in § 243-6F, shall be submitted within seven days prior to the proposed tree removal date, but no more than one year prior to the tree removal date (except sometimes in the case of Site Plan and Subdivision Applications).
J.
Application of permits may relate to multiple activities
regulated under this chapter and may be issued for activity to take place
during the twelve-month period following the issuance of the permit, it being
the intent of this chapter that one permit per annum, irrespective of the
amount and nature of tree removal, shall be required. It is further the intent
of this chapter that, with the exception of significant and specimen trees,
specific trees need not be identified in the application.
A.
In making its determination to grant, deny or grant with
conditions a tree removal permit under this chapter, the approving authority
shall consider the following factors:
(1)
Whether the proposed tree removal is consistent with the purpose and intent of this chapter as set forth in § 243-1 herein, and the goals of the Town of Hamburg Open Space/Recreation Plan and 2010 Comprehensive Plan;
(2)
The environmental impact of the proposed tree removal,
clearing or timber harvesting;
(3)
The suitability or unsuitability of such activity to
the area for which it is proposed;
(4)
The irreversible and irretrievable commitments of resources
that would be involved in any timber harvesting action; and
(5)
The potential alternatives to the proposed action.
B.
In addition, the proposed tree removal will be favored
based upon the following.
(1)
If the tree or trees are in poor health with an expected
life span of less than two years as determined by a professional forester,
landscape architect or arborist.
(2)
If the tree or trees are located near existing or proposed
improvements, especially if it is:
(3)
If the tree removal(s) will have a positive effect upon:
(a)
Drainage patterns in the vicinity;
(b)
Growth of existing or proposed adjacent vegetation;
(c)
Property values of nearby properties and that of the
landowner;
(d)
The health, safety or welfare of the residents of Hamburg
or its neighboring communities;
(e)
Solar access of nearby properties and that of the landowner;
and
(4)
If the landowner will replant replacement trees of a
similar or different species, in accordance with the Town of Hamburg Species
List, or add other vegetative material, fencing or terracing, or undertake
other similar measures to offset the negative effects of tree removal. In
certain cases, mandatory replanting may be required.
(5)
If the removal of trees is in accordance with the requirements
of the New York State Department of Environmental Conservation Timber Harvesting
Guidelines for New York and the Forestry Practice Standards.
C.
With consideration of the above factors, the proposed
tree removal may be granted with conditions or denied based upon the following:
D.
In cases where the Town Building Inspector or designee
is the approving authority, the applicant will be notified of permit decisions
within 14 days of the application being received by the Town. If the permit
is denied, the applicant will be notified in writing by the approving authority
of the reason or reasons for such denial.
Any permit issued pursuant to this chapter may be issued with conditions.
Such conditions may be attached, as the approving authority deems necessary,
to assure the preservation and protection of affected wildlife habitat, wetlands
and watercourses, and to ensure compliance with the policies and provisions
of this chapter.
A.
Tree planting and replanting may be required as a condition
of the issuance of a tree removal permit. In such cases the following restrictions
shall apply:
(1)
Trees shall not be planted or replanted within five feet
of a right-of-way or property line;
(2)
All utility companies and other underground facilities
protective organizations must be contacted prior to planting or replanting;
(3)
All trees to be planted and replanted must be selected
from the Town of Hamburg Species List;
(4)
Trees shall be a minimum of two-and-five-tenths-inch
caliper (two-and-five-tenths-inch diameter at breast height, DBH). Depending
on the selected species and location, the approving authority may reduce this
requirement; and
(5)
Once the tree planting has been undertaken, it shall
be the responsibility of the applicant to provide proper maintenance. Any
planted or replanted tree required pursuant to this chapter that dies shall
be replaced (for three years after installation).
B.
Tree removal permit issued for timber harvesting, as outlined in § 243-9, may contain, and is not limited to, the following conditions:
(1)
The permit shall be prominently displayed at the project
site during the undertaking of the activities authorized by the permit;
(2)
The boundaries of the project shall be clearly staked
or marked; and
(3)
The permit holder shall notify the Building Inspector
of the date on which the project is to begin at least five days in advance
of such date.
Must meet the standards of New York State Forest Practice Board recommended
model timber harvesting ordinance (or the Town's standards, if in place).
A.
The approving authority may require, prior to the commencement
of any clearing or timber harvesting activity authorized under a permit issued
pursuant to this chapter, that the applicant shall post a bond or other security
acceptable to the approving authority. As determined by the approving authority,
this bond shall be posted in an amount, and with surety and conditions, sufficient
to secure compliance with the conditions and limitations set forth in the
permit.
B.
The person filing the performance bond or other security
shall provide that, either upon termination of the permit or the operation,
whichever may come first, the project shall be in conformity with both the
approved specific requirements of the permit and the provisions of this chapter.
In the event of default of such and violation of any other applicable laws,
such performance bond shall be forfeited to the Town. The Town shall return
to the applicant any amount that is not needed to cover the costs of restoration,
administration or any other expenses incurred by the Town as a result of the
applicant's default. Such performance bond shall continue in full force
and effect until a certificate of compliance shall have been issued by the
Building Inspector after such consultation with any agencies or individuals
deemed necessary to insure that all provision of this chapter and of the permit
have been met.
A.
The approving authority may suspend or revoke a permit
in the form of a stop-work order if it finds that the applicant has not complied
with any or all of the terms of such permit, has exceeded the authority granted
in the permit, or has failed to undertake the project in the manner set forth
by the approving authority.
B.
The applicant shall receive written notice of said stop-work
order as soon as reasonably practicable but no later than three days after
issuance of same, which notice shall be delivered personally or by certified
mail and addressed to the applicant's address as shown on the permit.
Such applicant shall be entitled to a hearing before the approving authority
after work has been stopped. If such a hearing is requested by the applicant,
in writing, within five days of receipt of the notice of the stop-work order,
such hearing shall be scheduled by the approving authority within 10 days
of receipt of the request for a hearing. After the close of the hearing, the
approving authority may confirm, modify or cancel the stop-work order.
C.
The approving authority shall set forth in writing its
findings and reasons for revoking or suspending a permit pursuant to this
section and must keep a copy of said findings in the permit application file.
No permit shall be valid for more than one year after approval of an
application by the approving authority unless otherwise specified by the approving
authority. In the case of site plans or subdivisions, the permit will go into
effect at the time of construction. All permits shall expire upon completion
of the work specified therein. The validity of any work duly completed pursuant
to an existing permit shall not be affected by the expiration of the permit,
but such work shall not be continued beyond the expiration date. Permits may
be renewed by the approving authority upon application submitted at least
20 days prior to the expiration of the permit. Standards for issuance of renewals
shall be the same as for the issuance of permits.
A.
Where practical difficulties, unnecessary hardships and
results inconsistent with the general purpose of this chapter or planning
provisions thereof are encountered, waiver of requirements may be granted
by the Planning Board.
B.
A determination of the approving authority to grant or
deny a tree removal permit may be reviewed by the applicant or any other aggrieved
person by the commencement of an action pursuant to the provisions of Article
78 of the Civil Practice Law and Rules within 30 days of the filing of such
a determination with the Town Clerk.
C.
In the event the Town Building Inspector or designee is the approving authority, in the case of an application denied by the approving authority, the applicant may seek review by appealing to the Conservation Board, in which case the Conservation Board shall become the approving authority for such applications. Such review shall be requested not later than 20 days after the filing of the subject decision by the approving authority. In the event that the Planning Board is the approving authority, appeals shall be made solely pursuant to § 243-13A above.
A.
Any site for which a permit application has been submitted
shall be subject to inspection upon notice to the property owner and applicant
at any reasonable time, including weekends and holidays, by the approving
authority or its designated representatives. The applicant, by making application
for such permit, shall be deemed to have given its consent to such inspection.
B.
Tree planting schemes approved under site plan, subdivision
and building permit applications shall be inspected for a period of three
years following the approval of said planting.
A.
Within 30 days after completion of all tree removals
authorized under a permit issued in accordance with this chapter, the applicant
shall notify the approving authority of such completion.
B.
Within 30 days of such notification of completion of
work, the approving authority shall inspect the tree removal site for compliance
with the terms and conditions of the permit.
(1)
When all tree removal(s) authorized under a permit are
deemed to be completed in an acceptable fashion, the approving authority shall
issue a certificate of completion, which shall be accompanied by cancellation
or return of any bond collected for such permit.
(2)
When tree removals authorized under a permit are deemed
not acceptable, the approving authority shall so notify the applicant. The
notification of noncompliance shall include a list of all conditions in violation
of the terms of the permit and shall specify a time limit for the correction
of all items so listed.
A.
Any person who violates any provision of this chapter shall be, upon conviction or a plea of guilty, guilty of a violation, subject to a fine of not more than $250. For a second and each subsequent offense within a one-year period, the violator shall be guilty of a violation punishable by a fine of not more than $250 or a term of imprisonment of not more than 15 days, or both. Notwithstanding the foregoing, an offense in violation of § 243-4A shall be punishable by a fine of not more than $250 or a term of imprisonment of not more than 15 days, or both. Each violation of the provisions of this chapter shall be a separate and distinct offense. In addition, any offender may be ordered by the court to replant trees that were improperly removed, insofar as that is possible. The court shall specify a reasonable time for completion of such restoration, which shall be effected under the supervision of the Town.
B.
In addition to the penalties outlined above, the Town
shall not issue a building permit, temporary certificate of occupancy or certificate
of occupancy for any property for which a violation of this chapter has been
served until said violation is dismissed or resolved to the satisfaction of
the Town or Court, as appropriate.
C.
The Town Building Inspectors are hereby authorized to
issue appearance tickets and summonses for violation of this chapter.
A.
No permit granted pursuant to this chapter shall remove
an applicant's obligation to comply in all respects with the applicable
provisions and regulations of the Town of Hamburg Code and any other federal,
state or local law or regulations. This requirement includes, but is not limited
to, the securing of any other required permit or approval.
B.
Whenever any provision of this chapter is at variance
or conflict with any other provision of this chapter or any other statute,
local law or regulation covering any of the same subject matter, the most
restrictive provision or the one imposing the higher standard shall govern.
If any provision of this chapter shall be held for any reason to be
invalid, in whole or in part, the effect of such determination shall be limited
to that provision which is expressly held to be invalid, and shall not invalidate
any other provision hereof.
