This article shall be known and may be cited
as the "Clearing and Grading Control Local Law of the Town of New
Paltz."
As used in this article, the following terms
shall have the meanings indicated:
AGRICULTURE
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.
CLEAR-CUTTING
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.
CLEARING
Destruction and removal of vegetation by manual, mechanical,
biological or chemical methods.
DOMESTIC GARDEN
A maintained vegetable, flower or cutting garden, or bed
of shrubs and plants not cultivated for commercial resale.
DRAINAGE
The gravitational movement of water or other liquids by surface
runoff or subsurface flow.
EMERGENCY ACTION
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.
EROSION
The wearing away of the land surface by action of wind, water,
gravity or other natural forces.
EXCAVATION
Any activity which intentionally removes or significantly
disturbs rock, gravel, sand, soil or other natural deposits.
FILLING
Any activity which intentionally deposits natural or artificial
material so as to modify the surface or subsurface conditions of land,
lakes, ponds or watercourses.
FLOODPLAIN
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."
GRADING
The alteration of surface or subsurface conditions of land,
lakes, ponds or watercourses by excavation or filling.
LAND STEWARDSHIP PLAN
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.
NATURAL LANDMARKS
Glacial and other geomorphic or physiographic features; areas
of natural or ecological value.
SEDIMENT
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.
SENSITIVE ENVIRONMENTAL AREA
Land areas that include, but are not limited to, the following
physical conditions and/or environmental settings:
A.
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;
B.
Wetlands, bogs and marshes, as mapped and regulated
by state and/or federal agencies;
C.
Floodplains, as shown on Federal Emergency Management
Agency (FEMA) mapping;
D.
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;
E.
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;
F.
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.
SITE PREPARATION
The activities of clearing, excavation, filling, grading
or any other activity that prepares a site for a land use change or
modification.
TOPSOIL
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.
WATERCOURSE
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.
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.
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.