[HISTORY: Adopted by the Town Board of the Town of Pawling 3-9-1993
as L.L. No. 2-1993. Amendments noted where applicable.]
The Town of Pawling makes the following findings:
A.
Pawling is located in the Harlem Valley Region. A large
portion of the Town is hilly or mountainous. Steep slopes, including forests
and other vegetation, rock cliffs and rock outcroppings, are an important
environmental feature that contributes to the character of the town. Pawling's
steep slopes and associated high ridges are in forest cover that forms extensive
connecting woodland, a recognized regionally rare feature. Intrusion of clearing
and disturbance into these forest ecosystems results in edge environments
and forest fragmentation. This can result in a loss of biodiversity and the
regional extinctions of interior forest species.
B.
The Town recognizes that the timber resource in the Town
is a renewable resource of significant value and may be harvested. The Town
also recognizes that if timber harvesting practices are poorly carried out,
they can result in significant environmental and aesthetic damage to the land
and to adjacent lands and waters. Thus, this law is intended to regulate those
harvesting activities, such as stream crossings and the location of landings,
haul roads and skid trails, that most readily affect the environment, particularly
with regard to controlling soil erosion and sediment-laden runoff and to encourage
the use of professional forest management expertise in the preparation and
evaluation of timber harvests.
C.
There is a direct relationship between the planting of
trees, shrubs and associated vegetation in sufficient number in populated
areas and the health, safety and welfare of communities and as related to
the natural, scenic and aesthetic values of trees and the physical and visual
qualities of the environment which municipalities are authorized to protect.
Trees and such vegetation abate noise, provide welcome shade to people, preserve
the balance of oxygen in the air by removing carbon dioxide and fostering
air quality and add color and verdure to human construction. They also stabilize
the soil and control water pollution by preventing soil erosion and flooding,
yield advantageous microclimatic effects and provide a natural habitat for
wildlife. The destructive and indiscriminate removal of trees and related
vegetation causes increased municipal costs for proper drainage control, impairs
the benefits of occupancy of existing residential properties and impairs the
stability and value of both improved and unimproved real property in the area
of destruction and adversely affects the health, safety and general welfare
of the inhabitants of the town.
A.
This chapter is hereby adopted and shall be known and
may be cited as the "Timber Harvesting Law of the Town of Pawling."
B.
It is the purpose of this chapter to protect the public
health, safety and welfare of the residents of the Town of Pawling by regulating
tree clearing and timber harvesting, so as to prevent problems related to
erosion, sedimentation and/or drainage. In relation to this purpose, this
chapter is intended to:
(1)
Preserve the quality of the natural environment from
the adverse effects of timber harvesting, such as:
(a)
Pollution of lakes, ponds and watercourses from silt
or other materials.
(b)
Unnecessary destruction of trees and other vegetation.
(c)
Excessive exposure of soil to erosion.
(d)
Unnecessary modification of natural topography or unique
geological features.
(e)
Failure to restore sites to an attractive natural condition.
(2)
Protect people and properties from the adverse effects
that can be associated with improper timber harvesting, such as:
(3)
Protect the Town and other governmental bodies from having
to undertake, at public expense, programs of repairing roads and other public
facilities, of providing flood protection facilities and of compensating private
property owners for the destruction of properties arising from the adverse
effects of improper timber harvesting.
(4)
Ensure that timber harvesting practices are consistent
with the Comprehensive Plan of the Town of Pawling.
In accordance with the provisions of Article 9 of the Town Law of the
State of New York, the Municipal Home Rule Law and Section 96-b of the General
Municipal Law, the Town Board of the Town of Pawling has the authority to
enact local laws for the purpose of promoting the health, safety and general
welfare of the Town of Pawling, including the protection and preservation
of the property of its inhabitants, and to provide for the protection and
conservation of trees and related vegetation.
A.
Customary meaning. Except where specifically defined
herein, all words used in this chapter shall carry their customary meanings.
Words used in the present tense include the future, and the plural includes
the singular. The word "shall" is intended to be mandatory. An infinite number
of variables exist in the field of timber harvesting due to differences in
soil, terrain, weather, type of timber and ownership objectives. Therefore,
the use of such terms as "where possible," "should," "avoided," etc., are
realistic understandings of field conditions.
B.
ACCESS ROAD
APPLICANT
BEST AVAILABLE FOREST MANAGEMENT PRACTICES
BUFFER STRIP
CLEAR CUTTING
CLEARING
CODE ENFORCEMENT OFFICER
COMPLETE APPLICATION
DATE OF RECEIPT OF COMPLETE APPLICATION
DCSWCD
DRAINAGE
ENVIRONMENTAL DIRECTOR
EROSION
FOREST LAND
HOMESITE
LANDING AREA
NYSDEC
PERSON
PLANNING BOARD
PROTECTED STREAM
SEDIMENT
SELECTIVE CUTTING
SKIDDER
SKIDDING
SKID ROAD (HAUL ROAD)
SKID TRAIL
SLASH
SLOPE
TIMBER HARVESTING
Defined phrases. As used in this chapter, the following
terms shall have the meanings indicated:
A roadway normally designed and intended for use by motor vehicles
which provides access to or into forest land.
Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof, who has a request for a permit to conduct a regulated activity before the Code Enforcement Officer or who has an application pending pursuant to § 187-7 of this chapter before the Planning Board.
Those silvicultural practices recommended in a manual entitled, "Best
Management Practices for Silviculture", published by the Dutchess County Soil
and Water Conservation District, January 1990. A copy is on file in the Town
Planning Board office.
An area of variable width and length in which forest practices are
restricted in order to provide a visual screen or to protect water quality.
Complete cutting and removing of an entire stand of trees, replaced
by natural or planted regeneration.
Any activity which removes or significantly disturbs trees, brush,
grass or any other type of vegetation.
The officer designated by the Town of Pawling Town Board and charged
with the enforcement of zoning, building and fire codes.
An application which has been declared to be complete by the Environmental
Director or which has been deemed complete as a result of the Environmental
Director's failure to evaluate it for completeness within the required
time period.
A complete application shall be deemed received by the Planning Board on the date of the first regular meeting of the Planning Board following the filing of the complete application and supporting plans with the Planning Board by the Code Enforcement Officer pursuant to the provisions of § 187-7 of this chapter.
The Dutchess County Soil and Water Conservation District.
The gravitational movement of water or other liquids by surface runoff
or surface flow.
The individual or agency designated by the Pawling Town Board and
charged with reviewing and evaluating the environmental impacts of all timber
harvesting permit applications, as well as determining their "completeness"
in accordance with the provisions of this chapter.
The wearing away of the land surface by action of wind, water, gravity
or other natural forces.
An ecosystem supporting a dense growth of trees covering a large
area. Fencerows alone do not constitute a forest system.
That portion of any lot or parcel of land covered or to be covered
by any structure, including but not limited to buildings, septic systems and
their reserve areas, wells, pools and driveways.
A cleared area to which felled trees and logs are hauled by a skidder
for their storage before being transferred to trucks.
[Amended 9-9-2003 by L.L. No. 1-2003]
New York State Department of Environmental Conservation.
Any person, firm, partnership, association, corporation, company,
organization or legal entity of any kind, including any political subdivision
of the state.
The duly appointed Planning Board of the Town of Pawling.
Any stream as so designated under Article 15 of the Environmental
Conservation Law (ECL).
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.
The cutting of more than one-half (1/2) of the existing living trees
measuring more than six inches diameter at breast height (DBH) in an area
one-half (1/2) acre or more, over a period of two consecutive years.
A machine, commonly rubber-tired, used in moving logs from the stump
site to a landing.
The act of moving logs from the stump site to a landing.
A main pathway, normally intended for repeated use by a skidder to
reach skid trails, where extensive exposure of soils can be expected from
heavy traffic.
A secondary pathway, intended for use by a skidder to reach trees
or groups of trees which have been cut, where extensive exposure of soils
is not expected.
The woody material or debris resulting from cutting trees and left
on the ground after an area is logged.
Land with a topographic gradient, usually expressed as percent slope,
the percent being calculated by measuring vertical elevation relative to horizontal
distance. A slope of 25% means a twenty-five-foot rise in elevation from one
point to another along a one-hundred-foot horizontal plane (calculated as:
twenty-five-foot rise/one-hundred-foot horizontal distance = twenty-five-percent
slope).
Any activity which may alter the physical characteristics of any
forested land, including but not limited to any activity involving or associated
with the cutting of trees, except that the following activities shall not
be considered to be timber harvesting:
(1)
The routine maintenance of roads, easements and rights-of-way
and the clearing of farm fence lines; and
(2)
TOWN BOARD
TOWN CLERK
TOWN ENGINEER
TREE
WATERBODY
WATERCOURSE
WETLAND
The clearing of approved subdivision roads, site plans
and public utility easements.
The duly elected Town Board of the Town of Pawling.
The duly elected Town Clerk of the Town of Pawling.
Any person or firm employed by the Town of Pawling as the Town Engineer.
A large woody plant, usually having one self-supporting stem or trunk
and numerous branches, normally expected to attain heights in excess of 20
feet and having a stump diameter of at least four inches.
Any natural or artificial pond, lake, reservoir or other area containing
a surface area of over 1,000 square feet and which usually or intermittently
contains water and has a discernible shoreline.
Any natural or artificial, permanent or intermittent, public or private
waterbody or water segment, such as ponds, lakes, reservoirs, rivers, streams,
brooks, waterways or natural drainage swales, that is contained within, flows
through or borders on the Town of Pawling, except those which are regulated
by the NYSDEC.
Any wetland, as that term is defined in Chapter 111 of the Code of the Town of Pawling (Freshwater Wetlands and Watercourse Protection Law of the Town of Pawling).
B.
The following activities are exempted from permit requirements:
(1)
The selective cutting of trees by a landowner for noncommercial
use up to 25 cords of wood per land parcel (tax parcel).
(2)
The clearing of homesites, to the extent that the clearing
per homesite shall not exceed an area of more than one-half (1/2) of an acre,
not including the area for use as a driveway;
(3)
United States Department of Agriculture (USDA) Agricultural
Stabilization and Conservation Service cost shared forestry projects or professionally
supervised operations under New York State Forest Tax Law § 480-a[1] or similar New York State controlled programs.
[1]
Editor's Note: See § 480-a of the Real Property Tax
Law.
Where this chapter imposes greater restrictions than are imposed by
the provision of any other law, ordinance, regulation or private agreement,
this chapter shall control. Where greater restrictions are imposed by any
other law, ordinance, regulation or private agreement than are imposed by
this chapter, such greater restrictions shall control.
A.
Timber harvesting permit application.
(1)
Any person proposing to conduct or causing to be conducted
a regulated activity requiring a permit under this law shall file three copies
of an application for a permit with the Code Enforcement Officer, together
with the filing fee established by resolution of the Town Board. All costs
incurred by the Town in the review of this application shall be borne by the
applicant.
(2)
All permit applications must include the following:
(a)
The name, address and telephone number of the owner.
(b)
The street address and tax map designation of the property.
(c)
A statement of authority from the owner for any agent
making application.
(d)
A list of adjacent landowners.
(e)
A sketch of wetland boundaries and watercourse locations.
(f)
A description of the proposed timber harvest, including
any plans for firewood removal.
(g)
The estimated number of acres to be harvested and the
estimated volume of forest products to be harvested.
(h)
A general description of the area in which the forest
practices are proposed.
(j)
The estimated time for start-up and completion.
(k)
A reclamation plan for the site.
(l)
Proof of insurance.
B.
Single application required. Where an application has
been made to the Code Enforcement Officer for an action that is subsequently
determined to require a permit pursuant to this chapter, a copy of the said
application may be submitted as the permit application.
C.
Additional information. Where deemed appropriate and
necessary, the applicant may be required to submit more detailed information
and/or plans for the proposed site alterations.
D.
Fees for technical review. In the event that an application
requires the Town to incur additional expenses for technical assistance in
the review of an application, the applicant shall pay the reasonable expenses
incurred by the town. The applicant shall be notified of the expenses and
shall deposit said necessary funds prior to the cost being incurred.
E.
Review of applications. The Code Enforcement Officer
shall refer all applications and related plan materials to the Environmental
Director within five business days of receipt. The Environmental Director
may conduct such site inspections as deemed necessary in order to evaluate
the application. The review of all applications by the Environmental Director
shall involve a two-step process. First, within 14 days of receipt, the Environmental
Director shall determine the following and submit a written report to the
Code Enforcement Officer:
(1)
What additional information is required in order to process
the application.
(2)
Completeness of the application. If the application is
incomplete, the specific information necessary to make the application complete
shall be identified.
(3)
A recommendation on whether referrals should be made
to the Town Engineer, the Conservation Advisory Board, and/or the DCSWCD.
(a)
If the Environmental Director's report finds that
the application is incomplete, within five business days of the receipt of
this report, the Code Enforcement Officer shall notify the applicant, in writing,
of the information which must be filed to make the application complete. Upon
the receipt of this subsequent information, the Code Enforcement Officer shall
make the same referrals as specified in this section.
(b)
If the Environmental Director's report finds that
the application is complete, within five business days of the receipt of this
report, the Code Enforcement Officer shall refer the complete application
and supporting documents and all referral letters to the Planning Board for
its review and action.
(c)
If the Environmental Director does not file a report
on the application within the required time period, the application shall
be deemed complete, and the Code Enforcement Officer shall process the application
as provided in this section.
(d)
Once the Environmental Director deems an application
complete, a detailed review of the permit application will then be performed.
As Step 2, the Environmental Director shall make a report to the Code Enforcement
Officer and Planning Board within 30 days of receipt of the application and
supporting materials from the Code Enforcement Officer. The report from the
Environmental Director shall address, at a minimum, the following matters:
F.
Duties of the Planning Board.
(1)
During its review of the application, the Planning Board
shall:
(a)
Review the complete application in order to determine
whether the requirements of this chapter have been satisfied and ensure that
applicable State Environmental Quality Review Act (SEQRA) regulations are
met.
(b)
Approve, approve with conditions or deny applications,
in accordance with this chapter. Such decision shall be filed in the Office
of the Planning Board, with the Code Enforcement Officer and with the Town
Clerk. Pursuant to an application approval, a permit will be issued by the
Code Enforceent Officer.
(c)
Establish the amount of a performance bond or other security as a condition of approval, the amount of such bond or other security to be approved by the Town Board, in accordance with procedures contained in Chapter 39 of the Town Code. No more than one performance bond shall need to be posted in order to fulfill these requirements pursuant to both chapters.
(2)
The Planning Board shall have the right to delegate any
or all of the above-mentioned duties to the Code Enforcement Officer or Environmental
Director. If the Code Enforcement Officer or Environmental Director is so
delegated, he or she is subsequently responsible for all applicable written
reports related to a particular delegated duty. In addition, the Code Enforcement
Officer or Environmental Director shall provide a monthly written status report
to the Planning Board on any applications so delegated.
[Amended 9-9-2003 by L.L. No. 1-2003]
G.
Waiver of requirements.
(1)
Should the Planning Board determine, after review of
said application and upon recommendation of the Environmental Director, that
an action proposed for a regulated area is insignificant, the Planning Board
shall have the power to:
(2)
Where the Planning Board finds that any waivers are appropriate,
it shall set forth its decision and reasons therefor in writing and file the
same with the Code Enforcement Officer, the Conservation Advisory Board (CAB),
the office of the Planning Board and the Town Clerk.
H.
Inactive applications. Applications must be diligently
pursued by the applicant. Should any application before the Planning Board
remain inactive for six months while awaiting receipt of information as requested
by either the Code Enforcement Officer or the Planning Board, the application
shall be considered abandoned. The Planning Board may consider the granting
of no more than one six-month extension for the submittal of the requested
information and only upon the written request of the applicant if, in its
opinion, particular circumstances warrant it. The declaration of an application
as abandoned shall not prevent the submission of a subsequent new application,
including fees, which shall be considered without reference to the prior application.
A.
Time to act. Within 60 days of the date of receipt of
a complete application from the Code Enforcement Officer, the Planning Board
must approve, approve with conditions or deny applications, in accordance
with this chapter.
B.
Permit decisions.
(1)
In granting, denying or conditioning any permit, the
Planning Board shall consider the following:
(a)
Any reports from other commissions and/or federal, county,
state or Town agencies;
(b)
Additional requested information by the Planning Board;
(c)
All relevant facts and circumstances, including but not
limited to the following:
[1]
The environmental impact of the proposed action;
[2]
The alternatives to the proposed action;
[3]
Irreversible and irretrievable commitments of resources
that would be involved in the proposed activity;
[4]
The character and degree of injury to or interference
with safety and/or health or the reasonable use of property that is caused
or threatened;
[5]
The suitability or unsuitability of such activity to
the area for which it is proposed; and
[6]
The availability of further technical improvements or
safeguards that could feasibly be added to the plan or action.
(2)
Prior to granting any permit under this chapter, the
Town Planning Board shall find and determine that the requested permit is
in harmony with the purpose and standards set forth in this chapter.
C.
Permit conditions.
(1)
Every permit issued pursuant to this chapter shall contain
the following general conditions:
(a)
The Planning Board, Code Enforcement Officer and/or Environmental
Director have the right to inspect the project at any reasonable time, including
weekends and holidays.
(b)
The permit holder shall notify the Code Enforcement Officer
of the date on which project construction is to begin at least five days in
advance of such date.
(c)
The permit shall be prominently displayed at the project
site during the undertaking of the activities authorized by the permit.
(d)
The boundaries of the project shall be clearly staked
or marked.
(e)
All permits shall be valid for a period not exceeding
one year, unless otherwise indicated, but shall expire upon completion of
the acts specified.
(2)
Any permit issued pursuant to this chapter may also be
issued with specific conditions, beyond those listed above. Such conditions
may be attached as are necessary in order to assure the preservation and protection
of affected freshwater wetlands and to assure compliance with the policy and
provisions of this law and the provisions of the Planning Board's rules
and regulations.
D.
Permit renewal. Upon written request of the applicant,
the Code Enforcement Officer may renew a permit for a period of one year,
if authorized by the Planning Board. The fee for a permit renewal will be
determined by resolution of the Town Board.
A.
All applications for timber harvesting permits shall
demonstrate compliance with the performance standards for timber harvesting
set forth below or with the standards and specifications contained in the
manual entitled "Best Management Practices for Silviculture," published by
the Dutchess County Soil and Water Conservation District, January 1990, and
on file in the Planning Board Office. Alternatively, an applicant may provide
a plan certified by a registered forester to be at least as protective of
the public health, safety and welfare as the standards set forth herein.
B.
In granting a permit under this chapter, the standards
and considerations taken into account shall include, at a minimum, the following:
(1)
Stream crossings. Every effort shall be made to protect
the integrity and quality of all continuously flowing streams. For maximum
stream protection, the following practices shall be adhered to:
(a)
Obtain Stream Protection Permit, as required by the NYSDEC
under Article 15 of the ECL, whenever a protected stream must be crossed.
A copy of the permit(s) shall be submitted to the Code Enforcement Officer
prior to any crossing of a protected stream.
(b)
Cross all streams by the most direct route. Choose crossing
sites that have low, stable banks, a firm stream bottom and gentle slopes
along the approaches. Avoid crossing at bends or pools. Cross at a few carefully
chosen places rather than any place that seems convenient.
(c)
Use temporary culverts, bridges or other erosion control
devices where stream bottoms or banks would otherwise be damaged, and remove
structures after use.
(d)
Never skid logs or conduct any other logging activities
through any stream with running water.
(2)
Harvesting timber adjacent to streams or water bodies.
(a)
For slopes up to 10%, keep skidders back at least 50
feet from the stream bank and winch off any logs that lie closer to the bank
in order to prevent soil disturbance which could start erosion. For slopes
over 10%, keep skidders back at least 100 feet, except when doing so will
cause greater erosion problems.
(b)
Directionally fell trees so that the tops land away from
streams.
(c)
Remove any logging debris that gets into a flowing stream
so that stream flow is not affected.
(d)
Leave a fifty-foot-wide buffer strip along both sides
of flowing streams, ponds and marshes in order to keep the water shaded and
to prevent thermal stress by direct exposure to sunlight.
(3)
Truck roads and skid trails.
(a)
Whenever possible, the utilization of old or existing
roads which have proven generally stable and have established drainage patterns
should be given preference over new road construction. Except for general
road location, modification and improvement of such existing roads may be
necessary in order to meet the general and specific requirements set forth
in this section. If modification is necessary, such modification may require
a permit.
(b)
Whenever possible, main truck and skid trails should
be located on benches or ridges to minimize erosion and should avoid wet and
poorly drained spots.
(c)
Keep roads back from public rights-of-way, streams, ponds
or marshes at least 100 feet on slopes less than 25% and at least 150 feet
on steeper slopes.
(d)
Winch logs off steep slopes where possible. Minimize
the number of skid trails and the amount of skidder traffic on steep slopes.
(e)
Provide ways to divert running water off roads and primary
skid trails by using water bars, broad-based dips, outsloping, culverts or
other drainage devices as needed to prevent erosion. Drainage devices should
divert water into the woods and not directly into streams.
(f)
After harvesting, roads and primary skid trails should
be regraded and water diversion devices installed as necessary to stabilize
the road system and prevent erosion and sedimentation.
(4)
Landings.
(a)
Ideally, landings should be located on gently sloping
ground that will provide good drainage. Low spots and poorly drained places
should be avoided.
(b)
No landing should be closer than 200 feet to any stream,
watercourse or wetland.
(c)
If a landing area is required to be near a public road
or property boundary, locate landings behind a hill, bank or land form that
hides them from the road, or set landings back in the woods as far as practical.
In order to make a landing less visible from the road, lay out the landing
so that the long axis lies perpendicular to the public road. Build access
roads to a landing curved, and keep the entrance to the road as narrow as
possible. Remove all trash, such as lunch wrappers, oil cans, Styrofoam or
plastic containers and miscellaneous junk during and after the harvest.
(d)
After the harvest is completed, landings should be smoothed
so that they are free of ruts and seeded if necessary in order to reestablish
cover. Water diversion devices should be installed where necessary in order
to prevent erosion and sedimentation. Roadside ditches shall be cleaned and
regraded as necessary in order to restore them to their condition prior to
harvest.
(5)
Visual impacts.
(a)
Where logging operations occur along public roads or
near property boundaries and are not screened by topography, maintain a one-hundred-foot
buffer strip along public roads. Keep at least 50 square feet of basal area
in residual trees, including some trees over 12 inches in diameter breast
height (DBH), where present. Directionally fell standing trees within the
buffer strip so the tops land away from the road.
(b)
Pull down hung-up or partly fallen trees.
(c)
Park skidders back in the woods and off the highway right-of-way.
(d)
Keep stumps low, that is, no higher on the uphill side
than the diameter of the tree at the cut.
(e)
Keep all logging debris out of the ditches and back 100
feet from the right-of-way of public roads.
A.
After the approval of the application and before the
issuance of any permit, the applicant shall file with the Town Clerk one of
the following performance guaranties:
(1)
A certified check in an amount satisfactory to the Environmental
Director.
(2)
A performance bond which shall be satisfactory to the
Town Attorney as to form, amount, sufficiency, manner of execution, surety
and period of execution.
(3)
An irrevocable letter of credit from a bank approved
by the Town Board and Town Attorney.
B.
The party or parties filing the performance guaranties
shall provide that, either upon termination of the permit or the operation,
whichever may come first, the project shall be in conformity with both the
approved specific requirements of the permit and the provisions of this chapter.
In the event of default of such and violation of any other applicable laws,
such performance guaranty shall be forfeited to the town. The Town shall return
to the applicant any amount that is not needed to cover the costs of restoration,
administration and any other expenses incurred by the Town as a result of
the applicant's default. Such performance guaranty shall continue in
full force and effect until a certificate of compliance shall have been issued
by the Code Enforcement Officer after such consultation with any agencies
or individuals as he or she deems necessary to insure that all provisions
of this chapter and of the permit have been met.
A.
Where practical difficulties, unnecessary hardships and
results inconsistent with the general purpose of this chapter or planning
provisions thereof are encountered, waiver of requirements may be granted
by the Planning Board.
B.
If the Planning Board has delegated its authority to act on a permit application to the Code Enforcement Officer in accordance with § 187-7F of this chapter, any applicant aggrieved by a decision of the Code Enforcement Officer may appeal said decision to the Planning Board or, alternatively, may appeal said decision to the Zoning Board of Appeals in accordance with § 267 of the Town Law.
A.
General procedure. The Planning Board, Code Enforcement
Officer and/or the Environmental Director may enter upon the lands or waters
for the purpose of inspections to determine compliance with this chapter and/or
for the purpose of undertaking any investigations, examinations, surveys or
other activities necessary for the purposes of this chapter. When at all possible,
the landowner shall be notified prior to field investigation.
B.
Inspection fee. Where the Planning Board deems inspections
to be necessary, an applicant shall be required to pay an inspection fee in
an amount set forth in a fee schedule established by resolution of the Town
Board.[1]
[1]
Editor's Note: Specific fee amounts are on file and available
for inspection in the office of the Town Clerk.
C.
Notification. The applicant shall notify the Code Enforcement
Officer 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.
Stop-work orders. The Code Enforcement Officer may issue
a stop-work order when he or she finds that the permittee is in violation
of the provisions of applicable laws, ordinances and/or regulations, has not
complied with any term of such permit issued pursuant to this chapter, has
exceeded the authority granted in the permit or has failed to undertake or
complete the project in the manner set forth in the permit. A stop-work order
shall be issued by notifying the permittee performing the work to suspend
all work. Any person served with a stop-work order shall forthwith suspend
all activity until the stop-work order has been rescinded. Such order and
notice shall be in writing, shall state the conditions under which work may
be resumed and shall be served upon the person to whom it is directed either
by delivering it to the individual personally or by posting the same upon
a conspicuous portion of the area and sending a copy of the same, by registered
or certified United States mail, return receipt requested, to the permittee
at the address shown on the permit or approval. The Code Enforcement Officer
shall immediately notify the Environmental Director and the Planning Board
when a stop-work order has been issued. The Town Engineer and Environmental
Director must inspect and approve corrective actions prior to any lifting
of a stop-work order issued.
B.
Any infraction of the provisions of this chapter by failure
to comply with any of its requirements, including any infraction of a condition
of a permit issued pursuant to this chapter, shall constitute a violation.
Any person, firm, partnership, corporation or other party who violates any
provision of this chapter shall, upon conviction thereof, be punishable by
a fine of no less than $50 nor more than $350 or by a term of imprisonment
of not more than 15 days, or both. The imposition of any such penalty for
the violation of this chapter shall not excuse such violation nor permit the
continuance thereof. The application of the above penalty or penalties for
a violation of the provisions of this chapter shall not be held to prevent
the removal of conditions prohibited by this chapter by such legal means as
may be proper.
C.
In addition to the foregoing, if there is any damage
due to violation of this chapter or if any soil, liquid or other material
is caused to be deposited upon or to roll, flow or wash upon any public property,
private property or right-of-way in violation of this chapter, the person,
firm, partnership, corporation or other party responsible shall be notified
and shall cause the same to be removed from such property or way within 36
hours of notice. In the event of an immediate danger to the public health
or safety, notice shall be given by the most expeditious means; the violation
may then be remedied by the town. The cost of such remedy by the Town shall
be paid to the Town by the party who failed to so remedy.
D.
Every day that a violation of any of the provisions of
this chapter occurs shall constitute a separate violation of this chapter.
All development and improvement allowed by right or allowed by permit
shall also conform to all rules and regulations contained in the Code of the
Town of Pawling and all other applicable laws and regulations.
