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.

Stockpiled topsoil shall be applied in the following order of priority:

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.

While it is known that trees and forests have commercial value and may be a source of income to the landowner, it has also been established that trees and forests stabilize the soil, especially on steep slopes; control water pollution by preventing soil erosion and flooding; assist with the reduction in greenhouse gases through the absorption of carbon dioxide and the provision of oxygen; yield advantageous microclimatic effects including providing cooling shade; provide recreation; offer a natural barrier to noise; provide a natural habitat for wildlife; and yield mulch, nuts, fruits and maple syrup. The forest resources of the Town of Beekman help to provide clean water, a diversity of habitat for wildlife, outdoor recreational activities, and a wide range of products.

Zoning laws that discourage forestry uses, or that make the practice of forestry uneconomical, may force forest owners to change their property to other uses. It is in the best interest of the Town to encourage forest parcels to be continued as forest land and to encourage the creation of new forest land where possible.

Timber harvesting is not incompatible with the maintenance of a forested landscape. Good forest management helps to maintain forests and is often necessary for the health of a forest. However, indiscriminate, unregulated cutting, clearing or other removal of trees and forests may deprive the landowner, individual and the community of these benefits; have adverse impact on future growth of trees and forests; adversely affect soils and water resources and supplies and result in soil erosion and sedimentation; create a detrimental effect on neighboring property; and disrupt ecological systems in which trees and forests are an integral part. The Town of Beekman recognizes that timber is a renewable resource of significant value. The Town also recognizes that, if timber harvesting is not conducted properly, this activity can result in significant and direct environmental damage to water quality, soils, adjacent lands, public roads, land and infrastructure, and future forest quality. This section is intended to require the landowner and the timber harvester to be responsible for implementation of the best management practices as outlined herein.

The lot on which such use is to occur consists of at least 10 acres.

Any parcels currently receiving a tax exemption pursuant to Real Property § 480-a, Forest Tax Law, shall be deemed to comply with all requirements of this section, without need for further investigation.

Residential dwellings are permitted at a density no greater than one dwelling per 15 acres.

Felling trees for firewood production for the personal use of the landowner or the immediate family members of such landowner fewer than 20 standard cords within a 12-month period shall be permitted.

Production of saw logs by the landowner for the personal use of the landowner or the immediate family members of such landowner of fewer than 10,000 board feet within a 12-month period shall be permitted.

Passive recreation shall be permitted.

Maple syrup production shall be permitted.

The landowner's name, address, telephone number and signature;

If there is an authorized representative, their name, address and telephone number, and an affidavit from the landowner stating that the representative is authorized to seek the permit and harvest the timber;

The property location, including its tax parcel identification number(s), street address(es) and cumulative acreage;

Approximate dates of harvesting and approximate volume of timber to be harvested;

A timber harvesting plan, as set forth below.

The name of the forester who prepared the plan, and his or her forestry qualifications.

A performance bond, in an amount to be determined by the Town Forester, in conjunction with the Code Enforcement Officer, and approved by the Town Board, such amount being deemed sufficient to guarantee that the specified best management practices are utilized, and the site satisfactorily stabilized during the tree harvesting and upon completion of the work. Such bond shall be released only upon certification by the Code Enforcement Officer and the Town Forester that all requirements of the tree harvesting permit have been met.

A road bond, in an amount deemed sufficient by the Superintendent of Highways to remediate the damage, if any, that may occur to Town roads as a result of the activities permitted herein. If the Superintendent of Highways is unable or unwilling to make such a determination, it shall be made by the Code Enforcement Officer. Prior to the release of any such road bond, an inspection shall be made by the Highway Superintendent or his designee, and a report given to the Code Enforcement Officer, as to the condition of any Town roads impacted by the harvesting and, if applicable, the need for repair of any damage resulting from the timber harvesting, and the anticipated cost of such repair. Such bond shall be released only upon certification by the Highway Superintendent or the Code Enforcement Officer that the Town roads have been satisfactorily remediated.

Payment of an escrow fee in an amount determined by the Code Enforcement Officer in conjunction with the Town Forester sufficient to cover the anticipated fees to be charged by the Town Forester for the review of the project, including the timber harvesting plan and the associated inspections.

Payment of any application fee as may be set from time to time by resolution of the Town Board.

Copies of any other local, State or Federal permits, where required for stream crossings, wetland disturbance, compliance with the Town's overlay districts (ridgelines, scenic roads, scenic view sheds, and aquifer overlays), or otherwise, as may be required, or a statement from NYS Department of Environmental Conservation (DEC) that no additional permits are required.

A copy of a United States Geological Survey 7.5-minute quadrangle topographic map, a US TOPO Map, or a property survey with elevation contours at a scale of 1:24,000 or less, showing the area to be harvested and all lands within 1/4 mile thereof, wetlands, water bodies (including permanent streams), roads and the approximate locations of property boundaries, landing areas, haul roads, and skid trails clearly marked;

Identification of streams, water bodies and wetlands, and any stream crossings;

Identification of all roads within the Town on which vehicles carrying timber are anticipated to travel;

An estimate of number of trees to be harvested;

The planned Best Management Practices (BMPs) to protect water quality identified in detail, landings and public road access identified, in accordance with recommendations in the current NYS DEC Forestry BMP guide;

The anticipated dates of harvest;

The silvicultural objectives for stand(s) to be harvested;

The Plan preparer's name and qualifications;

The planned post-harvest BMPs identified and located to minimize erosion, sedimentation or pollution of waters from skid trails, haul roads and landings;

Evidence that access to public roads provides adequate sight distance so as to not create any hazards;

A silvicultural prescription including the following:

An incidental taking permit for endangered, and threatened species issued by DEC pursuant to the provisions of 6 NYCRR 182 or a letter from DEC issued pursuant to 6 NYCRR 182.9 that the proposed activity is not subject to regulation. A forest management plan, Real Property Tax Law § 480-a management plan, a forest stewardship incentive plan, or any other qualified forest management plan previously approved by DEC is exempt from this provision as the review has previously been done;

A description of the best management practices that are proposed to be applied to skid trails, landings and haul roads within the harvest area for erosion and sediment control and any other information that is necessary to comply with the provisions of Chapter 128, Stormwater Management; Erosion and Sediment Control; and

A driveway permit issued pursuant to Chapter 65 of the Town Code, if required, or an equivalent authorization for the use of state and county highways issued by the controlling jurisdiction.

Haul roads, skid trails and landings shall have permanent erosion control and drainage structures installed as necessary to prevent soil movement and water quality degradation.

Waterbars, dips, diversion ditches or other appropriate management structures should be placed in accordance with Best Management Practices for Water Quality BMP Field Guide to reduce erosion.

Stumps are being removed or there is other evidence which indicates land clearing rather than timber harvesting;

Adverse weather conditions, such as spring thaw or excessive rain make soil erosion and stream sedimentation, or damage to public roads, or damage beyond or outside of the boundaries of the area of the timber harvesting operation, likely; or

A violation exists of New York State Forestry Best Management Practices (BMP) for Water Quality Field Guide, 2011 Edition, or any other conditions of the Timber Harvesting Permit.

The map required by Subsection G(2)(a) showing:

A description of the location and nature of any harvesting on the area to be clear-cut or within 1/4 mile thereof within the prior 10 years.

A description of harvest methods (including use of portable chippers), preharvest and postharvest techniques and harvest objectives.

In the event pesticide or herbicide use is proposed, the name of the chemical, the applicator and the manner and rate of application.

If the Code Enforcement Officer is not a qualified forester, the Code Enforcement Officer shall retain the services of an independent qualified forester in the manner provided for by Subsection G(4) to review the clear-cutting application.

The Code Enforcement Officer will not issue a permit to allow clear-cutting unless:

For a first offense, a fine of not less than $100 nor more than $1,000.

For a second offense committed within five years of the first offense, a fine of not less than $300 nor more than $2,000, or a period of imprisonment not to exceed 15 days, or both.

For a third offense committed within five years of the first offense, a fine of not less than $1,000 nor more than $5,000, or a period of imprisonment not to exceed 15 days, or both.

Town of Beekman Water Resources Map.

Map entitled "Habitats and Conservation Zones in the Town of Beekman, NY," prepared by Hudsonia, Ltd., 2009.

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.

Soils Map of Dutchess County/Soil Survey Series.

The National Wetland Inventory (NWI) maps developed by the United States Fish and Wildlife Service.

United States Geological Survey Maps.

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.

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.

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.

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.

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.

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:

A statement of the anticipated completion date of the project, including any future development proposals for the property.

When alternative locations exist for the proposed activity, a detailed analysis explaining why an alternative location was not selected for the project.

Groundwater table elevations. Showing depth to water table and direction of flow and hydrologic connections with surface water features.

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.

Quantity of material. The estimated quantities of material to be deposited or removed.

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.

A description of the vegetative cover of the regulated area, including dominant species.

Soil profile, including soil color and texture.

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.

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.

Infilling of a wetland or other modification of natural topographic contours.

Disturbance or destruction of natural flora and fauna.

Influx of sediments or other materials causing increased water turbidity and/or substrate aggradations.

Removal or disturbance of wetland soils.

Alterations in wetland water supply.

Interference with wetland water circulation.

Damaging reduction or increases in wetland nutrients.

Influx of toxic chemicals and/or heavy metals.

Damaging thermal changes in the wetland water supply.

Destruction of natural aesthetic values.

Destabilization of a regulated area, channel or bank, including:

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.

The proposed regulated activity is reasonable and necessary.

There is no practicable alternative for the proposed regulated activity on a site which is not a wetland or buffer.

The proposed activity does not measurably impinge upon the public health, safety, and welfare; and

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.

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.

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.

Display of permit. The permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit.

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.

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.

Permit revocation. Any permit where the issuance of which was based on erroneous or incomplete information is subject to revocation by the approving authority.

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.

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;

Modification of waste disposal and water supply facilities;

Imposition of operation controls and sureties;

Dedication of easements to protect wetlands, water bodies and watercourses;

Setbacks for structures, fill, deposit of spoil and other activities from the wetland;

Modifications in project design to ensure continued water supply to the wetland and circulation of waters; and

Replanting of wetland vegetation and construction of new wetland areas to replace damaged or destroyed areas.

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.

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.

The time period over which compliance monitoring shall occur;

Field measurements to verify the size and location of the impacted wetland area and the restored/replacement wetland area;

The date of completion of the restoration/replacement; and

Field verification of the vegetative, hydrologic, and soils criteria as specified in the mitigation plan and permit.

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:

In the case of the subdivision of land, conditional approval of a final plat as the term is defined in the Town Law.

In the case of a site plan not involving the subdivision of land, adoption by the Planning Board of a resolution granting approval.

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.

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.

The padding or terracing of building sites, including but not limited to the mounding of septic tile fields shall be minimized.

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.

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.

Any regrading shall blend in with the natural contours and undulations of the land.

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.

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).

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.

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.

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.

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:

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.

Disturbance of existing vegetative ground cover shall not take place more than 15 days prior to grading and construction.

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.

Soil stabilization must be applied within two days of disturbance if the final grade is not expected to be established within 60 days.

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.

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.

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.

Replanting shall consist of indigenous vegetation and shall replicate the original vegetation on the site as much as possible.

No organic material or rock with a sufficient diameter to not allow appropriate compaction or cover by topsoil shall be used as fill material.

Compaction of fill materials in fill areas shall be such to ensure support of proposed structures and stabilization for intended uses.

Sanitary sewage disposal systems shall be prohibited on extremely steep slopes and very steep slopes.