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:
APPLICANT
A person requesting a tree removal permit from the Town or a person
to whom a tree removal permit has been issued.
BUILDING INSPECTOR
The officer designated by the Town of Hamburg and charged with the
enforcement of zoning, building and fire prevention codes.
CLEAR CUTTING
The complete cutting and removing of an entire stand of trees or
the complete clearing of trees from more one-quarter acre of land.
CLEARING
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.
DIAMETER AT BREAST HEIGHT (DBH)
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.
EROSION
The wearing away of the land surface by the action of wind, water,
and gravity or other natural forces.
PARK TREES
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.
PERSON
Any individual person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including public agencies
and municipal corporations.
REGULATED SETBACK AREA
The required horizontal distance from any existing or proposed building
or structure to the property line or street line.
SPECIES LIST
A listing of selected trees recommended by the Town, as determined
by the Conservation Board, for planting in the Town of Hamburg.
SPECIMEN TREE
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).
STREET TREES
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.
TIMBER HARVESTING
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.
TOWN
The Town of Hamburg, New York.
TOWN BOARD
The Town Board of the Town of Hamburg, New York.
TREE
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.
TREE REMOVAL
Any physical removal of a tree or any act which will cause a tree
to die within a one-year period.
TREE REMOVAL PERMIT
A permit granted under this chapter that allows for the removal of
regulated trees as defined herein.
WETLAND
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.
WILDLIFE HABITAT
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).
C. Clear cutting, as defined in §
243-2 herein.
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.
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).
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.
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.