[Added 5-23-2002 by L.L. No. 3-2002]
This article shall be known and may be cited
as the "Clearing and Grading Control Local Law of the Town of New
Paltz."
A.
The Town Board of the Town of New Paltz finds and
affirms:
(1)
The Community Comprehensive Plan of the Town
of New Paltz, adopted August 1995, "Executive Summary" set forth a
development policy for the Town, to guide future growth while protecting
the community's many resources for the future. Community values were
expressed in the objectives of the Comprehensive Plan, which included:
(2)
The Community Comprehensive Plan of the Town
of New Paltz includes Comprehensive Plan Development Policies which
guide the Town to: "(3) Establish environmentally sound land use development
policies to ensure a balanced and orderly pattern of future growth."
(3)
The Community Comprehensive Plan of the Town
of New Paltz Environmental Protection Measures encourage the Town
to consider techniques for "protecting the unique physical attributes
of the community."
B.
It is the purpose of this article to protect water
and soil resources, wildlife habitats and the public health, safety
and welfare in the Town of New Paltz by providing reasonable regulations
with respect to timber harvesting, site preparation, construction
activities and other activities impacting on the land, including excavation,
filling, grading and clearing, so as to protect the natural environment,
prevent the indiscriminate and excessive cutting of trees and natural
vegetation and prevent problems related to erosion, sediment or drainage.
In relation to this purpose the article is intended to:
(1)
Preserve the quality of the natural environment
from such adverse effects of activities impacting on the land as:
(a)
Pollution of lakes, ponds and watercourses from
silt or other materials;
(b)
Unnecessary destruction of trees and other vegetation;
(c)
Excessive exposure of soil to erosion;
(d)
Unnecessary modification of natural topography,
wildlife habitats or unique geological features; and
(e)
Failure to restore sites to a stable natural
condition.
(2)
Protect people and properties from such adverse
effects of activities impacting on the land as:
(a)
Increased runoff, erosion and sediment;
(b)
Increased threat to life and property from flooding
or stormwaters;
(c)
Increased slope instability and hazards from
landslides and sloughing; and
(d)
Modifications of groundwater regime that adversely
affect wells and surface water levels (i.e., the building of ponds).
As used in this article, the following terms
shall have the meanings indicated:
All agricultural operations and activities related to the
growing or raising of crops, livestock or livestock products, and
agricultural products, as such terms are defined in or governed by
the Agriculture and Markets Law of the State of New York on lands
qualified under Ulster County and NYS law for an agricultural exemption
by the Assessor of the Town of New Paltz.
Any cutting of trees over six inches in diameter at breast
height over any ten-year cycle where the average residual basal area
of trees over six inches in diameter at breast height remaining after
such cutting is less than 15 square feet per half acre, measured within
the area harvested; provided, however, that where regeneration is
assured by stand conditions such that, after such cutting, the average
residual basal area of trees at least one inch in diameter measured
at breast height is at least 15 square feet per half acre, measured
within the area harvested, a clear-cut shall not be deemed to have
taken place unless the average residual basal area of trees over six
inches in diameter at breast height is less than five square feet
per half acre, similarly measured.
Destruction and removal of vegetation by manual, mechanical,
biological or chemical methods.
A maintained vegetable, flower or cutting garden, or bed
of shrubs and plants not cultivated for commercial resale.
The gravitational movement of water or other liquids by surface
runoff or subsurface flow.
That which is immediately necessary for the protection or
preservation of life, property or intrinsic resource values. Examples
of emergency activities include search-and-rescue operations, and
the preventive and remedial activities related to large-scale contamination
of land, air or water.
The wearing away of the land surface by action of wind, water,
gravity or other natural forces.
Any activity which intentionally removes or significantly
disturbs rock, gravel, sand, soil or other natural deposits.
Any activity which intentionally deposits natural or artificial
material so as to modify the surface or subsurface conditions of land,
lakes, ponds or watercourses.
The land within an area of special flood hazard identified
by the Federal Emergency Management Agency subject to a 1% or greater
chance of flooding in a given year. It is also commonly referred to
as the "base floodplain" or "one-hundred-year floodplain."
The alteration of surface or subsurface conditions of land,
lakes, ponds or watercourses by excavation or filling.
A written description of land management and stewardship
practices employed on the property, and how such practices are in
keeping with the intent of this article as set forth in the purposes
section herein. Said written description shall include an enumeration
of all such land management practices, but does not need to be specific
in terms of location, scope or duration of said practices.
Glacial and other geomorphic or physiographic features; areas
of natural or ecological value.
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited or has been removed from
its site of origin by erosion.
Land areas that include, but are not limited to, the following
physical conditions and/or environmental settings:
Slopes greater than 15% as mapped and defined
on US Geological Survey topographic quadrangle maps, the Ulster County
Soil Survey, or as delineated by the Town of New Paltz;
Wetlands, bogs and marshes, as mapped and regulated
by state and/or federal agencies;
Floodplains, as shown on Federal Emergency Management
Agency (FEMA) mapping;
Historic places, landmarks, structures or landscapes
of local, state or national importance, as listed on State or National
Registers of Historic Places, as identified by the Town Comprehensive
Plan, or as identified by the Town of New Paltz Historic Preservation
Commission;
Natural landmarks, scenic views and open spaces
as identified by the Town Comprehensive Plan, or as inventoried by
the Environmental Conservation Commission of the Town of New Paltz;
Critical environmental areas supporting rare,
threatened, or endangered plant and/or animal species as identified
by the New York State Natural Heritage Program, the NYS Department
of Environmental Conservation, or as delineated by the Town of New
Paltz.
The activities of clearing, excavation, filling, grading
or any other activity that prepares a site for a land use change or
modification.
The natural surface layer of soil, usually darker than subsurface
layers, to a depth of at least six inches within an undisturbed area
of soils.
A river, creek, stream, ditch, or channel in which water
flows as listed (classified and unclassified) by the NYS Department
of Environmental Conservation, or as delineated by the Town of New
Paltz.
Unless specifically exempt pursuant to § 140-117.5, no person shall commence, continue, complete or otherwise engage in any of the following activities without having first applied for and having been granted a permit pursuant to the requirements of § 140-117.7:
A.
Clear-cutting of 10,000 square feet or more of ground
surface upon any one parcel, or contiguous parcels under common ownership;
B.
Site preparation, filling, excavation, grading, clearing
or other activity (except where it is required in connection with
incidental landscaping or minor site improvements, such as the construction
of walks, retaining walls, and fences) which involves an area of land
disturbance greater than 10,000 square feet in area, or involving
the addition or removal of greater than 40 cubic yards of fill.
C.
Harvesting by any means in any one calendar year more
than six cords (8'0 L x 4'0 W x 4'0 H) of live timber, or equivalent
measured in board feet, upon any one parcel, or contiguous parcels
under common ownership;
D.
Cutting of any timber or trees associated with any
new curb cut, driveway, access or other opening upon any roadway,
unless associated with a building permit;
E.
Site preparation within a floodplain;
F.
Clearing, grading or filling within 50 feet of a watercourse.
The following are exempt activities:
A.
Agriculture, as defined herein;
B.
Site preparation, filling, excavation or grading upon
any parcel of land undertaken for the purpose of constructing, enlarging,
removing, improving, changing or otherwise altering any building or
structure for which a valid building permit has been issued; provided,
however, that the following minimum requirements shall apply to the
permitted activity:
(1)
Significant wooded areas and hedgerows, including
their root systems, and standing trees having a diameter of three
inches or more measured at breast height and located within 20 feet
from any exterior property boundary line shall be preserved;
(2)
When existing vegetation is destroyed or removed
from the land during the project, work shall be diligently pursued
and completed so as to keep the exposure to the shortest possible
time, using techniques such as straw or hay bales, silt fences or
similar measures as specified in the New York Guidelines for Urban
Erosion and Sediment Control, latest edition, utilized where necessary
and maintained to remove sediment from runoff waters on lands affected
by project activities, where necessary;
(3)
Permanent final vegetation and structures should
be installed as soon as practical upon completion of the project.
Wherever feasible, natural vegetation should be retained and protected.
C.
The removal, replacement or repair of wells and septic
systems;
D.
Soil mining and land reclaimation activities conducted
pursuant to laws, rules, regulations or orders of any appropriate
federal, state or local governmental board, body or authority having
jurisdiction of the regulated activity;
E.
Harvesting of trees with a diameter of less than six inches at breast height, and of trees, firewood, dead trees and tree limbs for the personal use of the property owner, except where such activities are regulated pursuant to Chapter 130, Tree Conservation, of the Code of the Town of New Paltz, or regulated pursuant to § 140-117.4, Resource protection: activities subject to plan approval, Subsection A(1);
F.
Maintenance of driveways, roads, carriageways, hiking
trails, culverts and drainage ditches, swales and other drainage courses;
G.
Temporary stockpiles or storage of materials during
otherwise approved construction or maintenance activities, provided
that such storage or stockpiling not take place within 50 feet of
any watercourse or sensitive area;
H.
Trimming of vegetation related to utility lines and
public safety;
I.
Routine landscape maintenance of existing landscaped
areas on developed lots, including mowing or brush-hogging of grasses
and weedy vegetation which does not disturb soils, pruning, weeding,
planting annuals and domestic gardening activities;
J.
Site preparation, clearing, grading, filling and the
cutting or removal of trees which is in compliance with any site plan
or subdivision plan which has previously been lawfully approved by
the appropriate governmental board, body or agency having jurisdiction
to issue such approval;
K.
Cutting of any timber or trees associated with a curb
cut, driveway, or other opening upon a roadway for purposes of providing
access to any property for which a building permit has been issued;
L.
Regulated activities on lands which are open to the
public for a park, nature preserve or wildlife refuge, for recreation
or tourism, whether or not a fee is charged for such use, or lands
governed by the terms of a conservation easement on file with the
Assessor of the Town of New Paltz and the County Clerk, or on lands
protected by a conservation easement or owned in fee by a not-for-profit
land trust or conservation organization, or nonpublic lands owned
and maintained by bona fide religious/apostolic organizations possessing
a tax exemption under Section 501(d) of the United States IRS Code,
or on lands designated as a national landmark, provided that all such
lands are managed by a land stewardship plan on file with the Town
of New Paltz Environmental Conservation Commission, which plan is
determined by said Conservation Commission to meet the spirit and
intent of this article.
M.
Emergency actions, and measures necessary to protect
human life and preserve property, such as clearing rock slides, creating
a fire break to fight fire, or other situations in which the public
health, safety and welfare are threatened.
N.
The Town of New Paltz Highway Department shall be
exempt from the procedural requirements of this article, upon filing
a memorandum of understanding (MOU) along with the annual 284 Agreement
with the Town Board. Such MOU shall be subject to annual review and
renewal requiring practices keeping to the purpose, intent and spirit
of this article as set forth in this chapter.
No person shall commence, continue or enter
upon any lands for the purpose of commencing or continuing any activity
not expressly exempt by this article, or enter upon any lands for
the purpose of commencing or continuing such activity, without first
having obtained a permit for such activity approved and issued pursuant
to the provisions of this article.
A.
Any person seeking to commence, continue or to otherwise
conduct any activity subject to plan approval as described in this
article shall submit to the office of the Building Inspector an application
upon forms furnished by such office, which application shall set forth
the following for each project for which application for a permit
is made.
B.
Application documents.
(1)
Initial application documents may be a survey
or a freehand sketch made directly upon a print of a topographic survey
or an enlargement of a USGS topographic map of the proposed parcel
accurately dimensioned and drawn to scale showing existing physical
conditions, the proposed plan, streets, highways, property lines,
buildings and other structures, together with all other physical and
geologic features and topographic data required for compliance with
the provisions of this article and such other data as the Planning
Board considers necessary for its review and approval of the plan
pursuant to the provisions of this article.
(2)
The applicant shall describe or outline existing
conditions of the site wherever necessary to explain and/or to supplement
the map, plan, survey or sketch submitted. This information shall
include existing data on land characteristics, available community
facilities, the location of streets, highways, driveways, roadways
and all other physical improvements located upon and immediately adjacent
to the site.
(3)
In addition to the foregoing requirements, additional
application documents may be required to facilitate Planning Board
review. In determining to waive, modify or require additional application
documents, the Planning Board shall additionally be authorized to
require such alternative submissions as will assure substantial compliance
with the objectives and standards of this article.
C.
Referral of application to the Planning Board.
(1)
Upon receipt of an application, the Building
Inspector shall determine whether or not it conforms to the basic
requirements of this section. If such conformance is determined, the
Building Inspector shall expeditiously refer copies of the application
to the Planning Board.
(2)
Upon Planning Board determination that an application
is complete, the Planning Board shall act to approve, disapprove or
approve with modifications the proposed plan within 62 days. This
period may be extended by mutual consent of the applicant and the
Planning Board. Upon approval of the plan and payment by the applicant
of all fees and reimbursable costs due to the Town, the Planning Board
shall endorse its approval on a copy of the plan and shall forward
a copy to the applicant, the Building Inspector, or if not the Building
Inspector, then such other duly authorized person or persons as designated
by the Town Board, and file same with the Town Clerk. The Building
Inspector, or his/her designee, shall issue the permit. In the event
of disapproval, the Planning Board shall state its reasons therefor
in writing in its records and shall send a written notice of its decision
to the Building Inspector, or if not the Building Inspector, then
such other duly authorized person or persons as designated by the
Town Board. The Planning Board shall also notify the applicant in
writing of its decisions and its reasons for disapproval, and file
them with the Town Clerk. The plan application fee shall be in addition
to the regular fee for issuance of the permit.
(3)
Standards for plan approval. In acting on any
plan application, the Planning Board shall take into consideration
the public health, safety and general welfare, the recommendations
of the Town Master Plan and the Official Map, recommendations of other
agencies as identified within this article, and the compliance of
the proposed plan with the requirements of this article.
(4)
Standards. In applying the provisions of this
section, the Planning Board shall, whenever possible, adhere to the
following standards so as to encourage the preservation of natural
features which contribute positively to the community, such as mature
trees or groves, watercourses and falls, and sensitive environmental
areas as defined herein:
(a)
The proposed plan shall preserve, insofar as
possible, the natural terrain, natural watercourses and drainage areas.
(b)
Appropriate measures shall be taken to preserve
significant wooded areas and hedgerows, including their root systems,
which exist on the site. If the plan requirements indicate that existing
trees probably would not stand the shock of the site development,
appropriate replacement trees should be considered by the applicant.
(c)
Natural fertility of the soil shall be preserved
by disturbing it as little as is possible; maximum reuse of topsoil
should be accomplished by stockpiling the topsoil material within
an appropriate area of the site, and to be respread during final site
regrading. The Planning Board shall have the authority to establish
the amount of area that may be disturbed at one time, taking into
account the nature and extent of the area to be disturbed, the need
to undertake appropriate mitigating measures to minimize or eliminate
wind or water erosion, and the type of mitigation required.
(d)
The Planning Board shall have the authority
to require mitigating activity to minimize, to the extent practicable,
adverse impacts on watercourses on property affected by the plan and/or
on adjoining property.
(e)
The applicant shall provide effective erosion and sediment control measures for planning and construction in accordance with the criteria set forth in § 140-117.5B(2).
D.
Application procedures.
(1)
The applicant may submit a written request to
the Planning Board for waiver of any of the above-listed plan requirements.
This waiver request must specifically state the reason or reasons
why the particular plan requirement is not applicable to the particular
plan application. The Planning Board may consider the submitted plan
requirement(s) waiver request(s) and waive a requirement, or requirements,
for a plan if such requirement, or requirements, are found not to
be requisite in the interests of the public health, safety or general
welfare, or if found inappropriate for a particular plan. If a waiver
to the plan requirements is granted, the Planning Board may impose
appropriate conditions on such waiver.
(2)
Reimbursable costs. Costs incurred by the Planning
Board for consultation fees or other extraordinary expenses in connection
with the review of a proposed plan shall be charged to the applicant,
as determined by the Town Board in its sole discretion.
(3)
Performance guarantee and inspection of improvements.
No certificate of compliance shall be issued until all work shown
on the plan is completed or a sufficient performance guarantee has
been posted for work not yet completed. The sufficiency of such performance
guarantee shall be determined by the Town Board after consultations
with the Planning Board, the Building Inspector, the Town Engineer,
the Town Attorney and other appropriate parties. The Building Inspector,
or if not the Building Inspector, then such other duly authorized
person or persons as designated by the Town Board, shall be responsible
for the overall inspection of the project, including coordination
with the Planning Board and other officials and agencies, as appropriate.
(4)
Expiration of approval. Any plan approval shall
expire if the work to be performed on the project is not begun within
one year of the date of approval; provided, however, that the applicant
may make written application to the Planning Board, before such approval
expires, for an initial extension of such approval for an initial
period of 180 days and, thereafter, for additional extensions of not
more than 90 days each, which extensions may, for good cause shown,
be granted or denied by the Planning Board.
[Amended 12-15-2011 by L.L. No. 6-2011]
For lands eligible to submit a land stewardship plan (see § 140-117.5, Exempt activities, Subsection L), to ensure that such lands are managed consistent with the intent and spirit of this article, the following procedures apply and shall supercede all other application procedures:
A.
The owner of said land shall submit to the Planning
Board a land stewardship plan as defined herein to define practices
employed on the property. The plan shall demonstrate that all such
practices are in keeping with the intent of this article, as set forth
in the findings, purpose and intent section herein. Said written description
shall enumerate all such land management practices, but shall not
necessarily specify the precise locations, scope, schedules or duration
of said practices on forms provided by the Planning Board.
B.
The Planning Board shall refer the land stewardship
plan to the Town of New Paltz Environmental Conservation Commission
to determine if such description conforms to the intent of this article.
Upon written finding that the land stewardship plan conforms, the
Planning Board shall issue the landowner a permit allowing such activities
without restriction or other plan approval as required under this
article.
C.
Said landowner shall submit updated descriptions if
its land management plan activities change or new techniques are added,
in which case it shall submit an updated description to the Planning
Board for review.
All actions by the Planning Board under the
provisions of this article shall comply with the provisions of the
State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations.
A.
The Town Board of the Town of New Paltz shall establish
by resolution the fee to be charged, collected and received for the
granting of each permit required by this article.
B.
The fees required pursuant to the provisions of this
article shall be paid in advance upon submission of an application,
and the failure to submit the full payment required shall render the
application incomplete.
A.
Every person who shall fail to comply with a violation
order issued by the enforcement officer within the time limit stated
thereon shall be deemed to have committed an offense against this
article and also shall be liable for any such violation or the penalty
therefor.
B.
A violation of this article is hereby declared to
be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this article shall be deemed
misdemeanors, and, for such purpose only, all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
C.
Any person violating this article shall be subject
to a civil penalty enforceable and collectible by the Town. Such penalty
shall be collectible by and in the name of the Town for each week
that such violation shall continue.
D.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of this article.
E.
The enforcement responsibility, procedure and fines
shall be coordinated with zoning enforcement and flood damage control
law provisions so that in any instance where multiple violations occur
because of the same set of facts, they can be effectively and efficiently
prosecuted.
Any person or persons jointly or severally aggrieved
by any decision of the Planning Board under this article may apply
to the Supreme Court of the State of New York for relief through a
proceeding under Article 78 of the Civil Practice Law and Rules of
the State of New York. Such proceeding shall be governed by the specific
provisions of Article 78, except that the action must be initiated,
as therein provided, within 30 days after the filing of the Planning
Board's decision in the office of the Town Clerk.
