[HISTORY: Adopted by the Town Board of the Town of Fishkill 1-19-1984 by L.L. No.
1-1984. Amendments noted where applicable.]
It is the intent of this chapter to promote the welfare of the
people of the Town of Fishkill by providing for regulation of the
removal of trees in such a way as to protect and preserve the environment,
roads and quality of the community in general. Trees are a natural
resource and an integral part of the natural landscape of the Town,
providing soil erosion control, surface water flow barriers and scenic
beauty, and fostering myriad plant and wildlife species. The removal
or harvest of trees is therefore of prime concern to the people of
the Town of Fishkill and shall not be permitted, except as hereinafter
provided.
No provision of this chapter shall be construed to repeal, modify
or constitute an alternative to any lawful zoning, building construction,
mining, land subdivision or environmental quality review law, or any
applicable state or federal regulation. Where the provisions of any
such other law or regulation impose more stringent restrictions than
are required by this chapter, the provisions of such law or regulation
shall govern.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
A.
General construction of language. All words used in the present tense
include the future tense; all words in the plural number include the
singular number; and all words in the singular number include the
plural number, unless the natural construction of the wording indicates
otherwise. Unless otherwise specified, all distances shall be measured
horizontally. The word "Town" means the Town of Fishkill; the term
"Town Board" means the Councilmen of said Board and the Supervisor
of said Town; the term "Conservation Board" means the Town Conservation
Board of said Town; the term "Zoning Inspector" means the inspector
designated by the Town to administer this chapter and shall include
the term "Building Inspector"; the term "Town Clerk" means the Town
Clerk of said Town. The word "shall" is mandatory and not directory.
B.
BOARD-FOOT
COMMERCIAL TIMBER HARVESTING
NONCOMMERCIAL TIMBER HARVESTING
PROFESSIONAL FORESTER
STANDARD CORD
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A measure of lumber 12 inches by 12 inches by one inch as
measured by International 1/4 inches Log Rule.
The cutting or removal of live healthy trees for sale or
exchange of goods, commodities or services, when it is not performed
in connection with legally permitted soil mining, building construction
or building site development.
The cutting or removal of trees when it is not performed
as commercial timber harvesting.
A person who has a minimum of a bachelor of science degree
in forestry from a four-year college accredited by the Society of
American Foresters and acceptable to the Town Board.
A cut stack of wood measuring four feet by four feet by eight
feet or 128 cubic feet.
There shall be no cutting or removal of trees from any property
in the Town of Fishkill except as provided herein. These provisions
shall not be construed as prohibiting or limiting the normal maintenance
of trees or property through the selective removal of tree limbs,
dead or diseased trees, or brush.
A.
No person, firm or corporation shall conduct any commercial timber
harvesting operation in the Town without first obtaining a timber
harvesting permit from the Town Board.
B.
No person, firm or corporation shall conduct noncommercial timber
harvesting in the Town, where the total harvest is to equal or exceed
15 standard cords of wood or 1,920 cubic feet of wood or 7,500 board-feet
of timber in a twelve-month period, without first obtaining a timber
harvesting permit from the Town Board, except where such harvest is
performed in connection with legally permitted soil mining, building
construction or building site development. For those uses, a plan
should be submitted to the Conservation Board for review under State
Environmental Quality Review statutes. All other noncommercial timber
harvesting shall be exempt from permit requirements, but must still
adhere to the Town's timber harvesting standards.
A.
Application. In all cases where a timber harvesting permit is required,
the applicant shall file with the Town Clerk an application, in triplicate,
for such permit, which shall include:
(1)
A letter of application stating a description of the proposed operation,
the name and current address of the owner of the property to be harvested,
and the name and current address of the professional forester to be
consulted in the operation. This letter shall designate the Town Clerk
as a person upon whom process may be served, and shall bear the signature
of the applicant and the property owner.
(2)
A site map which shall show:
(a)
The location and boundaries of the property to be harvested.
(b)
The names and addresses of the owners of adjacent properties.
(d)
Existing topography at a contour interval of 10 feet.
(e)
The location and status of any previous timber harvesting operations
on the property within the last five years or sufficient data for
the Town Conservation Board to make an adequate evaluation.
(f)
All public roads within 500 feet of the property and roads that
are to be used for access or removal of the harvest.
(g)
The location and bounds of areas to be harvested.
(h)
The intended location of storage piles, loading areas and skidding
roads.
(i)
Road access to the property.
(k)
All buildings within 500 feet of the harvest site.
(l)
Sufficient data to determine whether the timber harvest will
be controlled to prevent permanent environmental damage to the site
or surrounding area.
(3)
A data sheet summarizing cutting operations, which shall include:
(a)
The total area involved in cutting operations.
(b)
A stand analysis.
(c)
The number of trees of each species to be cut.
(d)
The percentage of trees which have been cut in previous harvesting
within the last five years or sufficient data for the Town Conservation
Board to make an adequate evaluation.
(e)
The range, in inches, of diameter at breast height (4 1/2
feet above the ground) of the trees to be cut.
(f)
The total board-foot volume for each species to be cut.
(g)
The total volume to be removed from the cutting area.
(h)
The average number of board-feet per acre to be cut.
(i)
For harvesting of trees for products such as fence posts, poles, pilings and firewood, the number of units per acre and the total number of units to be removed (expressed in the applicable unit of measurement, e.g., cords of firewood) may be shown in lieu of the items in Subsection A(3)(b), (d), (e) and (g).
(5)
Proof of workmen's compensation insurance.
(6)
The application shall be accompanied by a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of Fishkill Town Code Chapter 130. The SWPPP shall meet the performance and design criteria and standards in Chapter 130, Article V. The Town may, in its sole discretion, require an SWPPP for disturbances of less than one acre. In determining whether to require an SWPPP for disturbances of less than one acre, the Town shall consider the following:
[Added 11-10-2007 by L.L. No. 9-2007]
B.
Bond requirements. A performance bond shall be posted with the Town
Board, in an amount and form to be determined by the Town Board, to
insure conformance to the approved plans and this chapter and to insure
repair of any Town road or Town property which may be damaged as a
result of harvesting operations. The Town Board shall set a reasonable
time limit for such bond, but not to exceed two years; a bond may
be renewed or extended with each permit renewal. Said bond shall remain
in full force and effect until a certificate of completion has been
issued by the Zoning Inspector indicating that all the provisions
of this chapter and conditions of the permit have been complied with.
In lieu of such a bond, the applicant may post a cash deposit or certified
check with the Town Supervisor.
C.
Owner's protective insurance policy. An owner's protective insurance
policy shall be posted with the Town Board in an amount and form to
be determined by the Town Board, but not to exceed $1,000,000 naming
the Town of Fishkill as a party insured, to insure the protection
of the Town of Fishkill against any liability arising from the logging
operations.
A.
Each application for a timber harvesting permit, together with the required information described in § 140-5 shall be referred to the Town Board by the Town Clerk within five days of the date of application, for preliminary review. Within 45 days of the date the application is determined to be complete, the Town Board shall call a public hearing on the application. A public hearing shall be conducted in conformance with the requirements of Chapter 114 of the Town of Fishkill Code. Notice of such public hearing shall be posted, published and mailed as required by Chapter 114 before said hearing is held. Within 45 days after the close of the public hearing, the Town Board shall forward its findings to the applicant and the Zoning Inspector, indicating that the application has been approved, disapproved or approved with modifications or conditions. A copy of the Town Board's findings shall also be maintained in the Office of the Town Clerk.
[Amended 4-15-2015 by L.L. No. 1-2015; 4-3-2019 by L.L. No. 1-2019]
B.
Each application for timber harvesting shall be referred to the Town
Conservation Board by the Town Board, for review and recommendation
which shall be considered before the close of the public hearing.
Each application shall also be submitted to the Dutchess County Planning
Board in accordance with the General Municipal Law of the State of
New York, to the extent that the same may be applicable.
C.
Applicants for a permit shall bear the expense of public hearing
notice advertising.
D.
Should the Town Board determine that a consultant should be retained
to review the application, the applicant shall bear the cost of the
consultant.
E.
Permits issued under this section shall expire two years from the
date of issuance, except that after a public hearing, and upon a finding
of the Town Board that all terms and provisions of this chapter have
been complied with, the Town Board may extend permits for one-year
periods.
A.
Review by a professional forester. Where an applicant wishes to conduct
timber harvesting under permit, the area to be harvested shall first
be reviewed by a consulting professional forester who shall be retained
by the applicant. Said forester shall mark each tree to be removed,
with paint or other distinctive means, at two points so as to be readily
visible for inspection. One paint marking shall be low enough on the
tree so as to be visible on the stump after the tree is removed.
B.
No cutting or loading shall take place between the hours of 5:00
p.m. and 7:00 a.m. or on Sundays, New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day or Christmas Day.
C.
Timber harvesting shall be conducted in accordance with the operational
standard entitled "Timber Harvesting Standards," which shall be maintained
on file in the office of the Town Clerk.
D.
Where it is deemed necessary by the Town Conservation Board, the
Town Board may require additional harvesting standards which shall
be set forth on the harvesting permit.
A.
This chapter shall be enforced by the Town Zoning Inspector. The
Zoning Inspector may request and shall receive, so far as may be necessary
in the discharge of his duties, the assistance and cooperation of
the police, the Town Conservation Board, the Town Highway Department
and all other municipal officials exercising jurisdiction over property
being harvested or harvesting operations.
B.
The Zoning Inspector and assistants described above, upon the showing
of proper credentials and in the discharge of their duties, may enter
upon any property at any reasonable hour, where timber harvesting
is reported, proposed or being conducted, and no person shall interfere
with such entry.
The Town Board may revoke a timber harvesting permit theretofore
issued in the following instances:
A.
Where it finds that there has been any false statement or misrepresentation
as to a material fact in the application, plans or information on
which issuance of the permit was based.
B.
Where it finds that the permit was issued in error and should not
have been issued in accordance with applicable law.
C.
Where the permittee fails or refuses to comply with a written order
issued by the Zoning Inspector within the time fixed for compliance
therewith.
Any person, firm or corporation who shall violate or fail to
comply with a written order or notice of violation issued by the Zoning
Inspector, or with any of the provisions of this chapter or conditions
of the timber harvesting permit, shall be liable to punishment by
a fine of not more than $100 or by imprisonment, or both. Each day
that a violation continues shall be deemed a separate offense.
