[Amended 11-14-2001 by L.L. No. 8-2001]
The purpose of the Woodlot Protection District
is to preserve and protect woodlots and trees located within the Town
of Brighton by regulating or controlling development in those areas
and by requiring review and permit approval prior to project commencement.
The boundaries of the Woodlot Protection District
shall be delineated on the Official Town of Brighton EPOD Maps and
shall include all areas in the Town of Brighton of one or more contiguous
acres of woodlands.
[Amended 11-14-2001 by L.L. No. 8-2001]
No person shall conduct any of the following
regulated activities within a Woodlot Protection District in the Town
of Brighton unless an EPOD development permit has been obtained pursuant
to the requirements of the article: removal of trees, clearing of
or constructing on any land area within the district except for those
activities exempted from the permit requirements of this article.
A.
In granting, denying or conditioning any application for an EPOD development permit, the authorized official or the Planning Board shall consider the effect the proposed regulated activity will have on the public health, safety and welfare and the protection of the woodlot areas within the Town and whether the proposed regulated activity will be contrary to the intent and purpose of Chapter 175 of the Code to protect and preserve the trees within the Town.
[Amended 11-14-2001 by L.L. No. 8-2001]
B.
Any applicant for a permit to undertake a regulated
activity within a Woodlot Protection District shall be required to
adequately demonstrate to the authorized official or the Planning
Board that the proposed will in no way at present or at any time in
the future adversely affect the following:
(1)
Soil stability.
(2)
Velocity of surface water runoff.
(3)
Existing drainage systems.
(4)
Natural characteristics of a watercourse.
(5)
Trees that are significant because of their size,
numbers, location or species.
[Amended 11-14-2001 by L.L. No. 8-2001]
(6)
Preservation of significant wildlife habitats.
[Amended 11-14-2001 by L.L. No. 8-2001]
A.
Any activity within a woodlot area involving the cutting
of trees shall be subject to an EPOD permit. Applicants for such activity
must submit a plan prepared by a qualified consulting forester, arborist
or horticulturalist which includes the following information:
(1)
A survey of all trees to be removed on the site over
five inches in diameter identified by species, condition and worthiness
for preservation.
[Amended 9-24-2003 by L.L. No. 16-2003]
(2)
A pre-, during- and post-protection plan for trees
to be saved or moved.
(4)
An integrated site plan which includes the woodlot
protection plan, the landscape plan and any additional development
on the site, including all new or expanded structures, utilities,
access roads, grading or other activities, which may adversely affect
the woodlot.
B.
The following specific practices shall be used to
minimize soil erosion and sedimentation during woodlot management
activities:
(1)
All disturbed areas shall be protected from erosion
either by mulch or temporary seeding within two weeks of disturbance.
(2)
Erosion and siltation controls shall be consistent
with the New York Guidelines for Urban Erosion and Sediment Control
(most recent edition).
(3)
All trees to be saved shall be protected with orange
construction fencing placed at the drip line or, at the discretion
of the Planning Board, at a distance greater than the drip line.
[Amended 11-14-2001 by L.L. No. 8-2001]
(4)
All trees to be saved shall be pruned, watered and
fertilized prior to, during and after construction.
(5)
Vehicles, materials and equipment storage shall not
be allowed in areas fenced to protect trees.
(6)
Maintenance of landscape plantings in woodlots shall
be guaranteed for three years.
(7)
In planning development sites, applicant shall preserve
as many trees and as much mature vegetation as possible, including
but not limited to the preservation of trees and mature landscaping
to screen or obscure from view the proposed development. Use of clustering
of buildings to avoid mature wooded areas shall be encouraged wherever
practical, as well as the planting of replacement vegetation to mitigate
the unavoidable uses of woodlots.
[Amended 11-14-2001 by L.L. No. 8-2001]
