A.
Coverage. No more than 25% of the minimum area requirement of a lot
may be fulfilled by land under water or subject to flooding.
B.
Lands subject to flooding are those on which there is a one-in-one-hundred
chance on the average that the floodplain will be inundated during
any year, based on the Flood Insurance Rate Maps for the Town of Beekman
produced by the Federal Emergency Management Agency. This boundary
may be refined on a site-specific basis by detailed analysis and topographic
information provided by a qualified engineer and reviewed by the Town
Engineer.
All portions of properties, except single-family detached dwellings,
which are not used for locations for buildings, structures, off-street
parking and loading areas, sidewalks or similar purposes shall be
suitably landscaped and permanently maintained with the planting of
trees and shrubbery, as approved by the Planning Board as part of
the site plan, special use permits or subdivision approval procedure,
so as to minimize erosion and stormwater runoff and harmoniously blend
such uses with the residential and commercial character of the Town
of Beekman as a whole.
A.
Buffer. A landscaped buffer area shall be required to screen and
protect neighboring residential properties from the view of uses and
parking areas of the site and is subject to the following;
(1)
Depth. All landscaped buffers shall be at least 10 feet in depth
along any lot line abutting or directly across the street from a lot
in a residential district or existing residential use.
(2)
Plantings. Plantings shall be of such type, height and spacing as,
in the judgment of the Planning Board, will effectively screen the
activities on the lot from view of persons standing on adjoining properties.
The plan and specifications for such planting shall be filed with
the approved plan for the use of the lot.
(3)
Enclosure. A wall or fence of location, height and design approved
by the Planning Board may be substituted for the required planting.
In no case shall a chain-linked fence be permitted.
B.
Modifications. Where the existing topography and/or landscaping provide
adequate screening, the Planning Board may modify the planting and/or
buffer area requirements.
C.
Maintenance. All planting shown on an approved site plan or special
use permit plan shall be maintained in a vigorous growing condition
throughout the duration of the use, and plants not so maintained shall
be replaced with new plants at the beginning of the growing season.
D.
Conformance to visual streetscape study. All commercial use applicants
in submitting a site plan to the Town Planning Board shall refer to
the Town of Beekman Commercial Streetscapes - A Visual Study, as adopted
by the Town Board, and to the guides of "Greenway Connections: Greenway
Compact Program and Guides for Dutchess County Communities," for guidance
in preparing a landscape plan.
A.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which it shall be taken, except in connection with the construction or alteration of a building on such premises or excavation or grading incidental to such construction in connection with a permitted/exempted mining operation, as outlined in § 155-49B of this chapter.
B.
No regrading of any proposed subdivision or site plan lot or parcel
shall occur prior to final subdivision plat or final site plan approval
of the application by the Town of Beekman Planning Board.
A.
Applicability.
(1)
In accordance with the procedures, standards and conditions hereinafter
specified and Schedule A,[1] the Town of Beekman Planning Board may grant a special
use permit for the excavation or removal from any lot of earth, loam,
topsoil, sand, gravel, clay or stone.
[1]
Editor's Note: Schedule A is included as an attachment
to this chapter.
(2)
It is the intent of this section to regulate the location of such
excavation or removal and to assure sound land-use-reclamation practices.
(3)
Any excavation or removal of soil or stone not exempted below shall
require the issuance of a special use permit under this section.
B.
Exemptions. Excavation or removal in the following cases is not subject
to the limitations of this section, and no special use permit is required
for excavation or removal in such cases, provided that no more than
1,000 tons of soil or stone per year is removed from the property:
(1)
Landscaping operations in which the topsoil is removed from one part
of the property and deposited on another part of the same property.
(2)
The excavation of topsoil and other natural resources from within
the limits of the right-of-way or slope rights of any Town, county
or state highway or for the sole purpose of building roads and slopes
incidental thereto which lie within the area of a subdivision approved
by the Planning Board of the Town of Beekman or on file with the Dutchess
County Clerk.
(3)
The improvement of a single lot or parcel of land in connection with
construction of a dwelling, building or any other structure or structures
for which a building permit has been issued or in connection with
agricultural land improvements.
C.
Procedure.
(1)
Any application for a special use permit under this section shall follow the procedures set forth in § 155-60 of this chapter. Such application shall be filed simultaneously with an application to the Department of Environmental Conservation pursuant to the Environmental Conservation Law.
(2)
A special use permit under this section may be granted for a maximum
of three years. If the operator has complied with all provisions of
this chapter and with all applicable regulations of other agencies,
subsequent extensions of two additional years may be granted following
the procedures herein.
(3)
To assure maximum public involvement in the process, an applicant
must provide proof of actual notice of its application to all adjacent
property owners.
D.
Standards for land-use reclamation.
(1)
The final slope of any excavated material shall not exceed the normal
angles of repose of such material as determined by the Town Engineer,
except where a suitable retaining wall, as shown on approved plans,
is built to provide lateral support. Slope requirements shall take
into consideration impacts on residential and commercial areas, but
in no case shall a slope be greater than one-foot vertical rise to
two feet of horizontal distance.
(2)
Any topsoil that is stripped from the surface of the site in order
to excavate subsoils shall be stockpiled and immediately planted with
a fast-germinating grass for later use in reestablishing vegetation
on the site. Topsoil shall be respread over the excavated area to
a minimum depth of six inches, provided that there is adequate existing
topsoil present. The Town Engineer may require that additional topsoil
or fill be brought to the excavation site in order to prevent erosion.
(3)
Every precaution shall be taken to prevent soil erosion, with the
following standards being applied:
(a)
As excavation is completed of each area indicated in the application,
the land shall be brought to grades not exceeding the normal angle
of repose of the material.
(c)
Determination of areas most subject to the effects of erosion
shall be made by the Town Engineer. Excavated areas shall be planted
with whatever vegetation, in the judgment of the Town, is best suited
to the soil conditions. Plantings may consist of materials ranging
from grasses to tree species used in reforestation. Plantings shall
be repeated as necessary until the area is stabilized.
(4)
Where the applicant chooses to fill pits, holes or any other excavated
areas, only clean fill, containing no garbage, demolition debris or
junk of any kind, shall be used, unless otherwise specifically approved
by the Planning Board.
(5)
Reclamation shall be an ongoing operation subject to review and approval
by periodic inspection and at the termination of the permit.
(6)
To the maximum extent practicable, all excavation areas shall be
reclaimed immediately upon the completion of excavation operations.
Open pits shall be filled immediately, and topsoil and seed shall
be applied in the next appropriate season for such application.
(7)
Within one year after termination of the excavation operation, all
equipment, buildings and structures not consistent with the planned
use of the reclaimed land and unsightly evidence of the operation
shall have been removed from the premises or disposed of by approved
methods, and all restoration shall have been completed.
E.
Performance bond. The applicant shall be required to furnish a performance
bond sufficient to guarantee completion of the finished reclamation
plans. Such bond shall be released only upon certification by the
Town Engineer that all requirements of the special use permit and
the section have been complied with.
F.
Inspection and enforcement.
(1)
The applicant shall be responsible for payment of any reasonable
fees necessary for review by the Town Building Inspector, Town Engineer
or, if necessary, an expert retained by the Town of any new reclamation
plan and for payment of any reasonable fees necessary for inspection,
monitoring and maintaining the reclamation status of the lands subject
to the section. Such fees shall be paid within 30 days of the date
when billed.
(2)
In order that the Town of Beekman be in an assured position to enforce
the provisions of this section and to assure that the completed reclamation
meets the requirements of this section and the applicable permit and
other applicable ordinances or laws of the Town, as a condition of
being issued a permit pursuant to this section, the applicant grants
to the Town of Beekman, its officers, employees and any official reclamation
advisory body license to determine that the provisions of this section
and the applicable permit are being fulfilled.
(3)
Any entry by the Town of Beekman, its officers, employees or any
official reclamation advisory body shall be made following reasonable
notice to the operator.
All development, including extensions of previously approved plans, shall comply with provisions for soil erosion and sediment control in accordance with standards and specifications contained in Chapter 128, Stormwater Management; Erosion and Sediment Control. Applicants shall also comply with Chapter 130, Subdivision of Land, or any methods prescribed by the Town Engineer, as may be appropriate.
A.
Purpose. The purpose of this section is the regulation of tree harvesting
operations in order to prevent harm to the environment, to preserve
the rights of residents living near tree harvesting operations and
to protect the interests of the property owners of the Town of Beekman.
B.
Permit procedure.
(1)
When a property owner wishes to conduct a tree harvesting operation, or allow a tree harvesting operation, as defined in § 155-4, to be performed on the owner's property, such owner shall obtain a special use permit from the Planning Board before any operation may begin. If the special use permit is granted, the Town Highway Superintendent shall be notified so as to determine whether or not a driveway permit will be required for the particular operation. The permit shall be obtained from the Building Inspector and a fee be paid in accordance with the annual resolution of the Town Board. Before the issuance of a permit, the contractor performing the tree harvesting shall show proof of adequate liability insurance and workers' compensation insurance.
(3)
The area to be harvested shall first be reviewed by a consulting
forester or state forester to be retained by the applicant to advise
the applicant, in writing, concerning the proposed operations. Said
report is to be submitted to the Planning Board.
(4)
The application for a special use permit shall be filed with the
Planning Board and set forth:
(a)
The purpose of the operation.
(b)
The total land area involved in tree harvesting operations.
(c)
The approximate number of trees to be cut.
(d)
The range, in inches, of diameter measured at the standard breast
height (4.5 feet above the ground) of the trees to be cut.
(e)
A plan for restoration of the property and the access driveway
to the road.
(g)
A statement from the landowner that each tree to be removed
has been designated by the forester, with paint or other distinctive
means, at two points so as to be readily visible by the harvester.
One point shall be low enough on the tree so as to be visible on the
stump after the tree is removed:
(h)
A statement from the landowner that any timber harvesting or
clear cutting will be managed by a professional registered with the
NYSDEC Cooperating and Consulting Forester Program.
(i)
Any other requirements the Planning Board will deem pertinent.
C.
Improvement standard.
(1)
Trees falling on adjacent properties as a result of a logging operation
shall immediately be returned to the permittee's property, who
shall be responsible for any restoration.
(2)
A loading area, which must be located in the same zone as the operation,
shall be smoothed to remove ruts and debris. Waste materials shall
be buried or removed to a point out of sight of any road or adjacent
property. A fifty-foot buffer zone shall be required between any logging
area or landing site and any public road or adjacent property.
(3)
No tree harvesting operation or removal of products shall take place
between the hours of 7:00 p.m. and 8:00 a.m. or any time on Sunday
or legal holidays.
(4)
The Building Inspector shall have the authority to order the suspension
of tree harvesting operations if, in the Building Inspector's
opinion, conditions created by the spring thaw, adverse weather or
any other cause make soil erosion likely.
(5)
The Town Highway Superintendent shall have the authority to:
(a)
Order the suspension of tree harvesting operations if, in the
Superintendent's opinion, conditions created by the spring thaw,
adverse weather or any other cause make damage to public roads likely.
(b)
Restrict the weight of tree harvesting trucks in accordance
with the capabilities or condition of roads, bridges and culverts.
(c)
Require the repair of roads, bridges and culverts damaged as
a result of a tree harvesting operation.
(6)
The term of this permit shall be for six months. However, since the
operation may be adversely affected or delayed by unusual circumstances
of weather or other occurrences, a six-month extension, after payment
of a renewal fee equal to the initial permit fee, may be granted by
the Building Inspector. Any additional extensions shall require application
to the Planning Board.
(7)
To ensure compliance by the permittee with the requirements set forth
in this section, a cash bond shall be submitted, the amount of which
is to be determined by the Planning Board, with a minimum amount of
$1,000. Said cash bond shall be released by the Town Board only upon
the recommendation and site inspection reports filed by the Building
Inspector and the Town Highway Superintendent.
(8)
The Planning Board shall have the right to waive any of the requirements,
except the requirement to notify adjacent property owners, and the
requirement for the permittee to post a bond. The Planning Board may
add any additional conditions, including restoration of damaged roads,
deemed necessary to protect the health, welfare and safety of the
residents of the Town of Beekman.
(9)
Any tree harvesting operation in existence at the time of the enactment
of this chapter may continue without interruption, provided that application
be made within 30 days of said enactment for a special use permit
under the provisions of this chapter and that such permit be granted
by the Planning Board.
D.
Penalties for offenses. A violation of this section is hereby declared
to be an offense punishable by a fine not to exceed $350 or imprisonment
for a period not to exceed six months, or both, for a conviction of
a first offense; for a conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
of not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and upon conviction of a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine of not less than $700 nor more
than $1,000 or imprisonment for a period not to exceed six months,
or both. Each week's continued violation shall constitute a separate
additional violation.
A.
Purpose and intent.
(1)
The purpose of this section is to protect the ecological system of
wetlands, water bodies and watercourses within the Town of Beekman
by implementing a system of regulations to control certain activities
and by establishing buffer zones adjacent to these wetlands, water
bodies and watercourses. This includes but is not limited to such
activities as the dredging, filling, depositing or removing of material,
including vegetation; the diversion or obstruction of water flow,
the placement of structures in; or other uses of wetlands, water bodies,
and watercourses that may adversely affect the natural, economic,
social, agricultural and aesthetic benefits derived from these aquatic
resources.
(2)
It is the intent of the Town of Beekman to control and regulate those
activities, as defined herein, which may impact wetlands, water bodies
and watercourses and their associated buffers within the Town thus
insuring that the benefits found to be provided by them will not be
lost or impaired.
(3)
It is the intent of the Town of Beekman to allow reasonable use of
land consistent with responsible land management, and to conserve
and protect wetlands, water bodies, and watercourses and their buffer
zones to the extent reasonably practicable consistent with this objective.
(4)
It is the intent to be consistent with the legitimate interests of
landowners to make reasonable use of water resources, harvest natural
products of wetlands, selectively cut timber and fuel wood and otherwise
engage in the use of land for agricultural production.
(5)
It is the intent that consideration should be given to the functional
significance of a wetland involved in any particular application or
proceeding under review for any purpose by the Planning Board, Town
Board and/or Zoning Board of Appeals. Wetlands vary in their importance
and value. The decisions made by the Planning Board pertaining to
the permitted activity under this section should consider and reflect
the relative significance or importance of any particular wetland
and the potential impact of a proposed project on those values and
functions.
(6)
The Town of Beekman shall adopt the Town of Beekman Comprehensive Plan Water Resources Map, as augmented by the mapping resources identified below in § 155-52C(1), as the official wetland, water body, and watercourse map to assist in the initial identification of wetlands, water bodies, and watercourses, as defined herein. The Town Engineer, Town Planner and Conservation Advisory Council may update these maps as permits required herein are processed and wetlands, water bodies, and watercourses are delineated. These maps shall be used for reference purposes only. Final determination of wetland, water body, and watercourse presence and their boundaries shall be determined in the field by qualified personnel.
(7)
It is the goal of the Town of Beekman to achieve no overall net loss
of the Town's remaining wetland resources, including wetland
buffer zones. Moreover, it is the long-term goal of the Town to increase
the quality and restore the Town's wetland resources in terms
of type, function, geographic location, setting and size.
(8)
It is the intent of this section to protect wetlands, water bodies,
watercourses and buffer zones, in addition to those protected under
state or federal regulations.
(9)
This section is enacted in accordance with Article 24 of the New
York State Environmental Conservation law and in furtherance of the
objectives of Section 404 of the United States Clean Water Act. Nothing
contained herein shall be deemed to preempt, supersede, alter or alleviate
the applicable requirements of New York State Environmental Conservation
Law or United States Clean Water Act.
(10)
It is the intent of this section that the burden of proof be
borne by the applicant for identifying whether their actions do not
directly impact a wetland, water body or watercourse or associated
buffer zone.
B.
Findings and benefits.
(1)
Wetlands, water bodies and watercourses are invaluable resources
and have been determined to serve a myriad of valuable ecological
functions important to public welfare and the economic vitality of
the region.
(2)
Buffer zones provide benefits that are important in maintaining a
wetland's functional integrity and furnish protection against
the impacts to the wetland from activities in adjacent upland areas.
Likewise, buffers are important for protecting and maintaining the
integrity and quality of water bodies and watercourses.
(3)
Growth and development have placed increasing demands upon natural
resources that may result, and in certain instances have resulted,
in the encroachment, despoliation, pollution and/or elimination of
wetlands, water bodies and watercourses and their buffer zones.
(4)
Loss of wetlands or activities along wetlands, water bodies, or watercourses
and their buffers can cause or aggravate flooding, erosion, sedimentation,
diminution of water supply and water quality for drinking and waste
treatment, and may pose a threat to the health, safety and welfare
of the people of the Town of Beekman and the surrounding region.
C.
Identification of wetlands and buffers.
(1)
Available maps. Identification of the general location of wetlands
shall be aided by reference to the following maps; however wetlands
not depicted on any map are not exempt from local, state or federal
regulation:
(a)
Town of Beekman Water Resources Map.
(b)
Map entitled "Habitats and Conservation Zones in the Town of
Beekman, NY," prepared by Hudsonia, Ltd., 2009.
(c)
New York State Freshwater Wetlands Mapping filed with the Town
Clerk, illustrating wetlands regulated by Article 24 of the New York
State Environmental Conservation Law.
(d)
Soils Map of Dutchess County/Soil Survey Series.
(e)
The National Wetland Inventory (NWI) maps developed by the United
States Fish and Wildlife Service.
(f)
United States Geological Survey Maps.
(2)
Boundary determination.
(a)
The boundaries of a wetland ordinarily shall be determined by
field investigation, flagging and may require a subsequent survey
by a licensed land surveyor. Current technology and/or other accepted
procedures, including but not limited to Geographic Positioning Systems
(GPS), may be approved at the discretion of the Planning Board. The
Planning Board may consult with, and/or may require the applicant
to consult with biologists, hydrologists, soil scientists, ecologists,
wetland delineators, botanists, landscape architect or other experts,
at the applicant's expense, necessary to make this determination.
(b)
The wetland boundary shall be delineated by the methodology
set forth in the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands. This methodology utilizes three parameters: vegetation,
soils and hydrology.
(3)
Buffer zones. Areas adjacent to wetlands, water bodies or watercourses
shall comprise regulated lands as prescribed below. Where such adjacent
areas are more strictly regulated by the New York State Environmental
Conservation Law, these regulatory provisions shall take precedence:
(a)
For all other wetlands, water bodies and quality vernal pools,
the regulated adjacent area shall extend 75 feet from the edge of
the wetland boundary or mean high water mark.
(b)
The regulated adjacent area associated with a regulated watercourse
shall encompass adjacent lands extending 50 feet as measured from
the top of bank of the watercourse or level of bankfill discharge
on each side of the watercourse.
D.
Regulated activity. Any application submitted to the Planning Board,
Town Board and/or Zoning Board of Appeals shall be subject to concurrent
review and issuance of a water resources permit by the Planning Board.
Nothing contained herein shall be deemed to preempt, supersede, alter
or alleviate the applicable requirements of New York State Environmental
Conservation Law or United States Clean Water Act. Activities for
which a permit is required shall include any of the following:
(1)
Any form of draining or dredging, excavating or removing of soil,
mud, sand, gravel or other aggregate from a wetland, watercourse,
water body or buffer zone.
(2)
Any form of dumping, filling or depositing of any soil, stones, sand,
gravel, mud, rubbish or fill of any kind in any wetland, watercourse,
water body, or buffer zone.
(3)
Clear cutting of any trees, or harvesting of any timber for financial
profit, within a wetland, watercourse, water body or buffer zone.
(4)
Erecting any structure, constructing roads, walls, driving of pilings
or placing any other obstructions in a wetland, water body or watercourse
or buffer zone.
(5)
Installing septic tanks, running a sewage outfall or discharging
sewage treatment effluent or any other wastes directly into or so
as to drain into a wetland, watercourse, water body or buffer zone.
(6)
Installing of any pipes, conduits, service lines or wells within
a wetland, watercourse, water body or buffer zone.
(7)
Intensive and repetitive use of all terrain vehicles and motorcycles,
within a wetland.
(8)
Any activity regulated by Article 24 of the New York State Environmental
Conservation Law and/or Section 404 of the United States Clean Water
Act, except where wetlands of less than 11,000 square feet may require
a permit under the United States Clean Water Act.
E.
Nonconforming activities in a wetland, water body, watercourse or buffer. Except as otherwise regulated, restricted or prohibited by state or federal regulations, the lawful use of any structure, use, activity or lot existing at the time of the enactment of this section may be continued although such use does not conform to the provisions of this section and may be continued subject to Article X, Nonconforming Buildings, Lots and Uses, of this chapter.
F.
Prohibited activities.
(1)
Placement or deposit of any chemical waste, hazardous waste or storage
of any materials that could result in the contamination of any wetland,
watercourse, water body or buffer zone.
(2)
Introduction of fluids or other materials, with sufficiently extreme
temperatures to cause injurious or other harmful ecological effects
in any wetland, water body, watercourse or buffer zone.
(3)
Any other activities prohibited under state or federal laws.
G.
Excluded activities. Activities excluded from regulation shall include
the following:
(1)
Recreational or commercial fishing, hunting or trapping where otherwise
legally permitted and as may be otherwise regulated by New York State.
(2)
Public health activities under order and regulations of the New York State Department of Health and/or Dutchess County Department of Health or orders and regulations of any duly authorized agent, provided that copies of such orders and regulations have been filed with the Town Clerk of the Town of Beekman. The Planning Board may request modifications of such orders if they deem it necessary to implement the provisions of § 155-52.
(3)
Any actual and ongoing emergency activity which is immediately necessary
for protection and preservation of life or property or the protection
or preservation of natural resource values. Such emergency activities
include, but are not limited to, search and rescue operations; preventative
or remedial activities related to large scale contamination of streams
or other bodies of water; response to floods, hurricane and other
storms; fire fighting and public health concerns. Within two days
of the initiation of such an emergency involving the undertaking of
any activity which otherwise would be treated as a regulated activity
under this section, the person chiefly responsible for undertaking
such emergency activity shall communicate with the Town Supervisor
of the Town of Beekman setting forth the pertinent facts regarding
such emergency, including an explanation of life, property or resource
values that such activity was designed to protect or preserve, and
an estimated time frame that such activities will require.
(4)
Ordinary maintenance and repair of functional structures, facilities,
or improved areas existing at the time of the adoption of this code
which do not involve expansion or substantial restoration, reconstruction,
rehabilitation or modification, including but not limited to bridges,
roads, highway, railroad beds, bulkheads, docks, piers, pilings or
paved streets.
(5)
Operation and maintenance of dams and water control devices in lakes
under the jurisdiction of state or federal regulations.
(6)
Normal ground maintenance, including mowing, trimming of vegetation,
and removing dead or diseased vegetation or trees.
(7)
Agricultural activity as defined and permitted by the Agricultural
and Markets Law.
(8)
Minor activities in a wetland or wetland buffer to include fencing,
placing of swing sets, bird feeders, flagpoles and picnic tables.
Such minor activities are not excluded when proposed to be conducted
within a water body or watercourse.
H.
Application process. Any application to the Planning Board, Town
Board or Zoning Board of Appeals proposing to conduct an activity
regulated herein shall also file an application with the Planning
Board for a water resources permit. The water resources activity permit
shall be reviewed concurrently with the processing of other applications
to the Planning Board, inclusive of fulfilling the requirements of
the State Environmental Quality Review Act (SEQRA).
(1)
Where a state or federal wetland permit is necessary in addition
to a permit under this section, the Planning Board shall conduct a
coordinated SEQRA review in order to facilitate interagency sharing
of information that may be pertinent to activity affecting wetlands,
water bodies and watercourses.
(2)
All permit applications shall comply with § 155-59, Site plan review, and be submitted at least 17 days in advance of the next regular Planning Board meeting. In addition, the following information prepared by a qualified professional shall be provided:
(a)
Natural heritage. The applicant shall contact in writing the
Natural Heritage Program at NYSDEC, or the appropriately designated
New York State agency, to ascertain the presence or absence of endangered
or threatened species. A copy of the Natural Heritage Program's
written reply must be submitted with the application.
(b)
A map, certified by an engineer, architect, land surveyor or
landscape architect licensed in the State of New York, drawn to a
scale no less detailed than one inch equals 50 feet showing the proposed
activity and description of the hydrologic features occurring on the
project site and within 100 feet of all property boundaries of the
project site, including the following:
[1]
The presence of any wetlands on the project site, as well the
entire contiguous or hydrologically connected wetland system, as mapped
according to local law, New York State Department of Environmental
Conservation, and/or United States Army Corps of Engineers.
[2]
Any soils classified as hydric or having potential hydric indicators
by the Natural Resources Conservation Service.
[3]
The presence of any streams, drainage channels or watercourses.
[4]
The presence of a one-hundred-year floodplain.
(c)
A statement of the anticipated completion date of the project,
including any future development proposals for the property.
(d)
When alternative locations exist for the proposed activity,
a detailed analysis explaining why an alternative location was not
selected for the project.
(e)
Groundwater table elevations. Showing depth to water table and
direction of flow and hydrologic connections with surface water features.
(f)
Construction details/deposition of spoil. Where creation or
enlargement of a lake or pond is proposed, details of the construction
of any dams, embankments, outlets or other water control devices and
of the handling and deposition of the spoil material.
(g)
Quantity of material. The estimated quantities of material to
be deposited or removed.
(h)
List of affected functions. A description of all functions of
the wetland, watercourse, water body and buffer zone which will be
affected positively and negatively by the activity.
(i)
A description of the vegetative cover of the regulated area,
including dominant species.
(j)
Soil profile, including soil color and texture.
(k)
Impacts upstream and downstream. Applications for projects affecting
the water-retention capacity, water flow or other drainage characteristics
of any pond, lake, reservoir, natural drainage system or wetland shall
include a statement and numerical calculations of the impact of the
project on upstream and downstream areas, giving appropriate consideration
to other than normal levels of watercourses and amounts of rainfall,
specifically the one-hundred- year storm.
(l)
A full environmental assessment form (EAF) pursuant to the State
Environmental Review Act (SEQRA) Implementing Regulations, unless
submitted in connection with a pending subdivision approval, site
plan review and/or special use permit. This application shall be accompanied
by applications for approvals or permits required by any other applicable
federal, state or local permits or authorization, including wetlands
permits under Articles 15 and 24 of the New York State Environmental
Conservation Law and Section 404 of the Clean Water Act.
I.
Standards for permit decisions. In its determination to approve, deny or condition any permit, the Planning Board shall consider the effect of the proposed activity with reference to the purpose and intent of this section, as set forth in § 155-52. Due consideration will also be given to the benefit the applicant and/or the public may derive from the completion of the proposed activity. The Planning Board will consider the following factors in its decision:
(1)
The impact of the proposed activity, and existing and reasonably anticipated similar activities, upon neighboring land uses and wetland functions as set forth in § 155-52, including but not limited to the:
(a)
Infilling of a wetland or other modification of natural topographic
contours.
(b)
Disturbance or destruction of natural flora and fauna.
(c)
Influx of sediments or other materials causing increased water
turbidity and/or substrate aggradations.
(d)
Removal or disturbance of wetland soils.
(e)
Alterations in wetland water supply.
(f)
Interference with wetland water circulation.
(g)
Damaging reduction or increases in wetland nutrients.
(h)
Influx of toxic chemicals and/or heavy metals.
(i)
Damaging thermal changes in the wetland water supply.
(j)
Destruction of natural aesthetic values.
(k)
Destabilization of a regulated area, channel or bank, including:
[1]
Any existing wetland impacts and the cumulative effect of reasonably
anticipated future wetland activities in the wetland subject to the
application.
[2]
The impact of the proposed activity and reasonably anticipated
similar activities upon flood flows, flood storage, storm barriers,
water quality and shoreline protection.
[3]
The safety of the proposed activity from flooding, erosion,
hurricane winds, soil limitations or other hazards with possible loss
to the applicant and subsequent purchaser of the land.
[4]
The adequacy of water supply and waste disposal for the proposed
use.
[5]
Compliance with federal, state, county and local comprehensive
land use plans, policies and regulations, and in particular, "New
York Standards and Specifications for Erosion and Sediment Control."
[6]
Any other consideration which the Planning Board deems pertinent.
(2)
An application for a permit shall be denied by the Planning Board
unless:
(a)
The proposed regulated activity is consistent with the policy of § 155-52 to preserve, protect and conserve wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of wetlands and to regulate the development of such wetlands in order to secure the natural benefits of wetlands, consistent with the general welfare and the beneficial economic and social development of the Town of Beekman.
(b)
The proposed regulated activity is reasonable and necessary.
(c)
There is no practicable alternative for the proposed regulated
activity on a site which is not a wetland or buffer.
(3)
Duly filed written notice by the state, an agency or subdivision
thereof to the Planning Board that the state or any such agency or
subdivision is in the process of acquiring the affected area on which
a proposed regulated activity would be located by negotiation or condemnation,
shall be sufficient basis for denial of a permit for such regulated
activity. Such notice shall be in accordance with 6 NYCRR 665.7(i)
and may be provided at any time prior to the Planning Board's
decision to issue or deny a permit for the regulated activity.
(4)
Conservation Advisory Council review. The Planning Board shall refer each application to the Conservation Advisory Council, and the Conservation Advisory Council shall receive a complete set of application materials for each application and shall file a written report with its recommendations concerning the application within 30 days of the referral. Such report shall evaluate the proposed operation or project in terms of the findings, intent and standards of § 155-52.
(5)
Public hearing. Within 62 days after receipt of a complete application,
the Planning Board shall hold a public hearing on the application.
Notice of such hearings shall be given in the same manner as prescribed
for the approval of plats under § 276 of the Town Law, and,
in addition, the applicant shall notify all property owners within
250 feet of the subject property. Such service shall be made by certified
mail, return receipt requested. Such mailing shall be made at least
five business days before the date set for hearing. All applicants,
maps and documents relating thereto shall be open for public inspection
at Town Hall. At such hearing any person or persons having an interest
may appear and be heard.
(6)
Mitigation plan. The Planning Board shall require preparation of a mitigation plan by the applicant when the applicant has demonstrated that either losses or impacts to the wetland or wetland buffer are necessary and unavoidable and have been minimized to the maximum extent practicable. For the purposes of this § 155-52, wetland impacts are necessary and unavoidable only if all of the following criteria are satisfied:
(a)
The proposed activity does not measurably impinge upon the public
health, safety, and welfare; and
(b)
There is no feasible on-site alternative to the proposed activity,
including reduction in density, change in use, revision of road and
lot layout, relocation, elimination or consolidation of proposed structures,
and/or related site planning considerations, that could accomplish
the applicant's objectives.
(7)
Conditions for a permit. Every permit issued pursuant to this § 155-52 shall contain the following general conditions:
(a)
Right to inspection. The Building Inspector or designee shall
have the right to inspect the project from time to time. Reasonable
notice of an inspection should be given to the permit holder, and
the permit holder should have the right to accompany the inspector.
(b)
Notification of project initiation. The permit holder shall
notify the Building Inspector or designee, in writing, of the date
on which project construction is to begin, at least five business
days in advance of such date.
(c)
Display of permit. The permit shall be prominently displayed
at the project site during the undertaking of the activities authorized
by the permit.
(d)
Demarcation of boundaries and wetlands. The boundaries of the
project shall be clearly staked or marked at the site until the regulated
activity is concluded and any final inspections have occurred. In
addition, any wetlands, water bodies and watercourses contained within
boundaries of the project site shall also be staked or marked at the
site until the regulated activity is concluded and any final inspections
have occurred.
(e)
Permit expiration. All permits shall expire on completion of
the acts specified and, unless otherwise indicated, shall be valid
for a period of one year.
(f)
Permit revocation. Any permit where the issuance of which was
based on erroneous or incomplete information is subject to revocation
by the approving authority.
(g)
Construction fencing and erosion control. The limits of disturbance
to any regulated area will be identified by construction fencing,
and erosion control measures as appropriate to protect regulated areas
shall be installed, and such protection shall remain in place and
in good condition until all construction activities are complete.
(8)
Any permit issued pursuant to § 155-52 may be issued with special conditions. Such conditions may be attached as necessary to ensure the preservation and protection of affected wetlands and to assure compliance with the policy and provisions of this code. Such conditions may include, but shall not be limited to:
(a)
Limitation on the total portion of any lot or the portion of
the wetland on the lot that may be cleared, graded, filled or otherwise
modified;
(b)
Modification of waste disposal and water supply facilities;
(c)
Imposition of operation controls and sureties;
(d)
Dedication of easements to protect wetlands, water bodies and
watercourses;
(e)
Setbacks for structures, fill, deposit of spoil and other activities
from the wetland;
(f)
Modifications in project design to ensure continued water supply
to the wetland and circulation of waters; and
(g)
Replanting of wetland vegetation and construction of new wetland
areas to replace damaged or destroyed areas.
(9)
Permit renewal. Upon request of the applicant, the Planning Board
may renew a permit for a period of one year for the purpose of completing
the activity(ies) specifically authorized by the permit. The fee for
a permit renewal will be set by the Town Board.
(10)
Bonding requirements. Upon consultation with the Town Engineer, the Planning Board shall determine whether or not prior to commencement of work under any permit issued pursuant to this § 155-52, and, as a condition thereof, the applicant should post a bond (cash or other suitable financial assurance) or letter of credit, conditioned upon the faithful compliance with the terms of such or for restoration costs which may result from failure to so comply. Upon recommendation of the Planning Board, the Town Board shall fix the conditions and amount of such bond or letter of credit within its sole discretion. The same shall remain in effect until the Planning Board certifies that the work has been completed in compliance with the terms of the permit and the bond is released by the Town Board, or a substitute bond or letter of credit is provided that is acceptable to the Town Board.
(11)
Inspection requirements.
(a)
Inspection fee. If an inspection is required or determined necessary
to certify that the work is completed in compliance with the terms
of the permit, an inspection fee in the amount of 10% of the bond
amount will be required of the applicant.
(b)
Notification. The applicant shall notify the Building Inspector
or designee when reaching stages of the activity as may be required
in the permit. No activity requiring inspection will be approved without
such notification. Advance notice of at least two working days shall
be given whenever possible.
(12)
Findings. Decisions on permit applications shall be supported
by written findings based upon the information contained in the application
and the in the record of the review proceeding.
J.
Mitigation plan requirements.
(1)
Mitigation plans shall be prepared by a qualified professional and shall specify mitigation measures that provide for replacement wetlands that recreate as nearly as possible the original wetlands in terms of type, function, geographic location and setting, and that are at least as large as the original wetland and preferably larger. For the purposes of mitigation, losses of wetland buffers will be viewed as losses of wetland. Any mitigation plan prepared pursuant to § 155-52 and accepted by the Planning Board shall become part of the permit for application.
(2)
Mitigation monitoring. Projects shall be monitored according to the
specifications set forth in the permit, to determine whether the elements
of the mitigation plan and permit conditions have been met and whether
the wetland acreage created replaces the wetland acreage lost. To
this end, the Planning Board may contract with qualified professionals
at the expense of the applicant, or may use its own staff expertise.
The requirements for monitoring shall be specified in the mitigation
plan and shall include, but not be limited to:
(a)
The time period over which compliance monitoring shall occur;
(b)
Field measurements to verify the size and location of the impacted
wetland area and the restored/replacement wetland area;
(c)
The date of completion of the restoration/replacement; and
(d)
Field verification of the vegetative, hydrologic, and soils
criteria as specified in the mitigation plan and permit.
K.
Other local laws and regulations. No permit granted pursuant to this
section shall remove any person's obligation to comply in all
respects with the applicable provisions of any other federal, state,
county, local law, or regulation, including but not limited to the
acquisition of any other required permit(s) or approval(s).
L.
Enforcement, penalties and corrective action.
(1)
Corrective action. If, upon inspection, it is found that any activities
have not been undertaken in accordance with the permit, the applicant
shall be responsible for completing those activities according to
the permit. Failure of the Building Inspector or designee to carry
out inspections shall not in any way relieve the applicant or the
bonding company of their responsibilities.
(a)
When any person has been found in violation of any provision of § 155-52, and whose permit has been suspended or upon whom a stop-work order has been issued, corrective action shall be carried out as follows:
[1]
When the terms or conditions of an approved permit have been violated and a stop-work order has been issued, the Building Inspector or designee may provide a reasonable and specified time within which corrective action shall be completed. The violator may be required to restore the affected wetland, watercourse and/or buffer to its condition prior to the violation to the satisfaction of the Building Inspector or designee. If restoration is not possible, mitigation (See Article XII.) shall be required.
[2]
When the violation of the terms of the permit is of such a serious
nature that the Building Inspector or designee has suspended the permit
or recommends the revocation of the permit, the Building Inspector
or designee shall refer the matter to the Planning Board for their
determination.
A.
Purpose and intent.
(1)
Steep slopes in Beekman are environmentally sensitive land formations
and valuable natural resources which are of benefit to the entire
Town and the surrounding region. The protection of steep slopes is
a matter of concern to the entire Town.
(2)
Regulation of steep slope development is consistent with the legitimate
interests of landowners to make reasonable use of their land. Regulation
can prohibit the degradation of steep slopes and allow reasonable
use of private property by encouraging flexible design of development
so as to minimize the disturbance of steep slopes. Regulation can
also permit environmentally sound disturbance of steep slopes conducted
in accordance with acceptable engineering practices to permit reasonable
use of private property.
(3)
It is declared to be the intent of the Town of Beekman to preserve
steep slopes to the greatest extent practicable and to regulate their
use within the Town of Beekman to protect the public interest by ensuring
the maximization of benefits found to be provided by the preservation
of steep slopes and by ensuring the minimization of detrimental effects
through the practice of properly managed disturbance of steep slopes.
B.
Exempt activities.
(1)
Any customary landscaping not involving regrading is allowed without
the need for obtaining approval from the Planning Board, provided
that such activity conforms to this code, and all other applicable
ordinances, laws and regulations.
(2)
Any development, alteration or improvement of property for which
final approval shall have been obtained and not expired and the approved
work not completed prior to the effective date of this code. As used
in this section, the term "final approval" shall mean:
(a)
In the case of the subdivision of land, conditional approval
of a final plat as the term is defined in the Town Law.
(b)
In the case of a site plan not involving the subdivision of
land, adoption by the Planning Board of a resolution granting approval.
(c)
In those cases not covered by Subsection B(2)(a) and (b) above, the issuance of a building permit or other authorization for the commencement of the development, alteration or improvement of property or for those developments, alterations or improvements for which the Town of Beekman does not require such permits, the actual commencement of the development, alteration or improvement of property.
C.
Regulated activities. It shall be unlawful to create any disturbance,
other than an exempt activity, of any steep slope in the absence of
a specific, written approval by the Planning Board.
D.
Permit procedures.
(1)
The Building Inspector shall refer all applications for building permits to the Town Engineer for a determination of the status of the proposed activity relative to § 155-53. If the Town Engineer determines that the proposed activity is not regulated by § 155-53, he shall so notify the Building Inspector, who may proceed with the review of the application for a building permit. If the Town Engineer determines that the proposed activity is regulated by § 155-53, he shall notify the Building Inspector that the submission, review and approval from the Planning Board shall be required before the Building Inspector can issue a building permit.
(2)
The Highway Superintendent shall refer all applications for steep
slope driveway permits to the Town Engineer for the same determination,
identified above, when such applications are not related to a building
permit application.
E.
Plans/specifications. Detailed plans and specifications shall comply with § 155-59, Site plan review. In addition, the following information shall be provided:
(1)
Estimated material quantities of excavation/fill.
(2)
Location and size of slope categories of extremely (33% or greater),
very steep slopes (25% to less than 33%) and moderately (15% to less
than 25%), under existing and proposed conditions, in the area of
proposed disturbance and within a distance of 25 feet.
(3)
Location and size of areas of soil types in the area of proposed
disturbance and to a distance of 25 feet.
(4)
Existing and proposed adjusted contours at two-foot intervals in
the area of proposed disturbance and to a distance of 25 feet beyond
the disturbance.
(5)
Cross sections of critical steep slope areas.
(6)
Retaining walls, with details of construction signed and sealed by
a New York State licensed professional engineer.
(7)
Other details, including specific reports by qualified professionals
on soils, geology and hydrology, as may be determined to be necessary
by the approval authority.
F.
Standards for disturbance of steep slopes. The Planning Board shall
consider the following when reviewing steep slope disturbance applications:
(1)
Disturbance of trees and forests on steep slopes shall be in conformance
with all the applicable Town regulations pertaining to trees.
(2)
Disturbance of steep slopes shall be consistent with the current
understanding of good architecture, urban design, landscape architecture
and civil engineering, such that, to the maximum extent possible:
(a)
The planning, design and development of building design shall
provide the maximum in structural safety and human enjoyment while
adapting the building site to and taking advantage of the best use
of the natural terrain.
(b)
The padding or terracing of building sites, including but not
limited to the mounding of septic tile fields shall be minimized.
(c)
Roads and driveways shall follow natural topography, minimize
regrading and comply with the design standard for maximum grade, of
Subdivision Road Construction, Road Specifications[1] and Zoning Code Off-Street Parking, Loading and Driveways
Standards.
(d)
The natural elevations and vegetative cover of ridgelines shall
be disturbed only if the crest of the ridge and the tree line at the
ridge remains uninterrupted either by positioning buildings and areas
of disturbance below the ridgeline or by positioning buildings and
areas of disturbance at the ridgeline so that the roofline of the
building is seen as a continuation of the natural tree line with the
existing trees serving as a backdrop to the structure. However, under
no circumstances shall more than 100 feet along the ridgeline, to
a width of 100 feet generally centered on the ridgeline, be disturbed.
(e)
Any regrading shall blend in with the natural contours and undulations
of the land.
(f)
Cuts and fills shall be rounded off to eliminate sharp angles
at the top, bottom and sides of regraded slopes. Visible construction
cuts and permanent scarring should be minimized.
(g)
The angle of cut and fill slopes shall not exceed the natural
angle of repose of the soil or rock materials in the cut or fill,
except where retaining walls, structural stabilization or other methods
acceptable to the Town Engineer are used. Generally for soils, cut
and fill slopes shall be no steeper than two horizontal to one vertical
(fifty-percent slope).
(h)
Fill slopes shall not be located on natural slopes of two horizontal
to one vertical (fifty-percent slope) or steeper or where the fill
slope bottoms out within 12 feet horizontally of the top of an existing
or proposed cut slope.
(i)
Tops and bottoms of cut and fill slopes shall be set back from
existing and proposed property boundaries a distance of three feet
plus 1/5 of the height of the cut or fill but need not exceed a horizontal
distance of 10 feet.
(j)
Tops and bottoms of cut and fill slopes shall be set back from
structures a distance that will ensure the safety of the structure
in the event of the collapse of the cut or fill slopes. Generally,
such distance shall be considered to be six feet plus 1/5 of the height
of the cut or fill but need not exceed 10 feet. Nevertheless, a structure
built on a slope or at the toe of a slope is permitted if it is properly
designed by a New York State licensed professional engineer to retain
the slope and withstand the forces exerted on it by the retained slope.
(k)
Disturbance of rock outcrops shall be by means of explosives,
only if labor and machines are not effective and only if rock blasting
including safety, security and protection procedures, is conducted
under the supervision of a New York State licensed blaster and in
conformance with the following or current acceptable practices:
(l)
Disturbance of steep slopes shall be undertaken in workable
units in which the disturbance can be completed within one construction
season so that areas are not left bare and exposed during the winter
and spring-thaw periods.
(m)
Disturbance of existing vegetative ground cover shall not take
place more than 15 days prior to grading and construction.
(n)
Temporary soil stabilization must be applied to an area of disturbance
within two days of establishing the final grade and permanent stabilization
within 15 days.
(o)
Soil stabilization must be applied within two days of disturbance
if the final grade is not expected to be established within 60 days.
(p)
Measures for the control of erosion and sedimentation shall
be undertaken consistent with the New York State Standards and Specifications
for Erosion and Sediment Control, as amended.
(q)
All proposed disturbance of steep slopes shall be undertaken
consistent with the soils limitations ratings contained in the Dutchess
County soil survey, as prepared by the Dutchess County Soil and Water
Conservation District, in terms of recognition of limitations of soils
on steep slopes to development and application of all mitigating measures
as deemed necessary by the approval authority.
(r)
Topsoil shall be stripped from all areas of disturbance, stockpiled
in a manner to minimize erosion and sedimentation and replaced wherever
needed on the site at the time of final grading.
(s)
Replanting shall consist of indigenous vegetation and shall
replicate the original vegetation on the site as much as possible.
(t)
No organic material or rock with a sufficient diameter to not
allow appropriate compaction or cover by topsoil shall be used as
fill material.
(u)
Compaction of fill materials in fill areas shall be such to
ensure support of proposed structures and stabilization for intended
uses.
(v)
Sanitary sewage disposal systems shall be prohibited on extremely
steep slopes and very steep slopes.
G.
Conservation Advisory Council review. The Planning Board shall confer with the Conservation Advisory Council, and the Conservation Advisory Council shall a file a written report with its recommendations concerning the application within 30 days of the referral. Such report shall evaluate the proposed operation or project in terms of the findings, intent and standards of § 155-53.
H.
Burden of proof. The applicant shall have the burden of proof of
demonstrating by clear and convincing evidence that the proposed activity
is not adverse to the public health, safety and general welfare and
that it is consistent with the findings, the purposes, the objectives,
the standards and approach of this code. With respect to steep slopes
applications involving a grade of 33% or greater, an applicant has
an added burden of proof to demonstrate again by clear and convincing
evidence that no reasonable use of the site, lot or parcel is possible
without disturbance of said steep slope area.
I.
Performance and erosion control bonds.
(1)
The approval authority may require posting of a performance and/or
erosion control bond(s) as a condition of approval, the amount and
surety of such bonds is to be approved by the Town Board. The performance
bond is intended to ensure the proper completion of the proposed activity
in accordance with the approved plans, the restoration of the area
to its natural condition as far as practicable and protection of adjoining
property owners from damage resulting therefrom. The erosion control
bond is intended to ensure the proper installation and maintenance
of the erosion control measures during the activity period. The bond(s)
shall remain in effect until the approval authority certifies that
the work has been completed in compliance with the terms of the permit,
whereupon the bond shall be released or reduced by the approval authority
after authorization of the Town Board. A substitute bond may be provided
if approved by the Town Board.
(2)
The applicant may be required to certify that insurance has been
obtained against liability which might result from the proposed operation
or use covering any and all damages which might occur within three
years of completion of such operations, in an amount to be determined
by the approval authority commensurate with the projected operation.
J.
Inspection.
(1)
General procedure. When the approval authority deems necessary, it shall inspect or cause to be inspected by its representative, activities undertaken pursuant to a permit so as to ensure satisfactory completion. If, upon inspection, it is found that any of the activities have not been undertaken in accordance with the permit, the applicant shall be responsible for completing those activities according to the permit (in addition to being subject to the sanctions set forth in Article VI). Failure of the authority or its representative to carry out inspections shall not in any way relieve the applicant or the bonding company of its responsibilities.
(2)
Inspection fee. If an inspection is required to certify that the
work is completed in compliance with the terms of the permit, an inspection
fee in the amount of 10% of the bond amount will be required of the
applicant.
(3)
Notification. The applicant shall notify the authority or its representative
when reaching stages of the activity as may be required in the permit.
No activity requiring inspection will be approved without such notification.
Advance notice of at least two working days shall be given whenever
possible.
A.
Purpose and intent. It is the purpose of § 155-53.1 to prevent the indiscriminate or unnecessary removal of trees within the Town of Beekman.
B.
Tree removal of a forest or wooded area shall not be permitted on
any lot in any zoning district unless conducted as part of an approved
site plan, an approved final subdivision construction plan, or pursuant
to a Town timber harvesting permit, or because of health, safety,
and welfare issues, or in the case of the following specific exceptions:
(1)
The removal of nonnative species of trees considered to be invasive
and/or constituting a potential threat to the health of the wooded
area.
(2)
The removal of dead trees or trees that pose a hazard within
their setting.
(3)
The removal of up to 10 trees no greater than eight inches dbh
per acre within a twelve-month time period.
(4)
Tree cultivation or harvesting in association with an agricultural activity as defined in accordance with § 155-51, Tree harvesting, or Agricultural and Markets Law.
(5)
The removal of an individual nonspecimen tree of a caliper less
than 24 inches dbh within a twelve-month period.
C.
Tree removal shall include the clearing, cutting, uprooting, removing
or any other similar activity of any tree or trees within a forest
or wooded area having a trunk diameter of eight inches or greater,
measured at a height of 4 1/2 feet above the ground (dbh).
D.
Limits of disturbance.
(1)
Site plan and/or subdivision approval.
(a)
Tree removal shall be limited to the cutting of trees for the
purpose of establishing a roadway, appropriate drainage, and appropriate
grading. Such cutting shall be limited to an area within 10 feet of
the proposed roadway or five feet of proposed drainage or grading
areas. Prior to the removal of an area larger than that described
above, the approval of the Planning Board shall be required.
(b)
Tree removal conducted for the purpose of establishing a driveway,
a septic system, a well, accessory structures, and a principal building.
Such cutting shall be limited to an area within 30 feet of the principal
structure building and within five feet of all other improvements.
Prior to the removal of an area larger than that described above,
the approval of the Planning Board shall be required.
(2)
Building permit. Tree removal conducted as part of a building
permit application for the purpose of establishing a driveway, a septic
system, a well, accessory structures and a principal structure building
shall be reviewed by the Building Inspector. Such cutting shall be
limited to an area within 30 feet of the principal building and within
five feet of all other improvements. Prior to the removal of an area
larger than that described above, the Building Inspector shall review
the proposed project plans for a determination of the appropriateness
of the proposed. The Building Inspector shall have 30 days after receipt
of payment to make his/her recommendations.
