New Paltz Town City Zoning Code
ARTICLE XIIIA
Clearing and Grading Control
[Added 5-23-2002 by L.L. No. 3-2002]
§ 140-117.1 Title.
This article shall be known and may be cited as the "Clearing and Grading Control Local Law of the Town of New Paltz."
§ 140-117.2 Findings, purpose and intent.
A.
The Town Board of the Town of New Paltz finds and affirms:
(1)
The Community Comprehensive Plan of the Town of New Paltz, adopted August 1995, "Executive Summary" set forth a development policy for the Town, to guide future growth while protecting the community's many resources for the future. Community values were expressed in the objectives of the Comprehensive Plan, which included:
(a)
Preservation and enhancement of the natural beauty and rural quality of the community;
(b)
Protection of environmentally sensitive areas and natural resources, scenic roads and vistas, waterways, floodplain and wetlands by establishing guidelines and regulating development density.
(2)
The Community Comprehensive Plan of the Town of New Paltz includes Comprehensive Plan Development Policies which guide the Town to: "(3) Establish environmentally sound land use development policies to ensure a balanced and orderly pattern of future growth."
(3)
The Community Comprehensive Plan of the Town of New Paltz Environmental Protection Measures encourage the Town to consider techniques for "protecting the unique physical attributes of the community."
B.
It is the purpose of this article to protect water and soil resources, wildlife habitats and the public health, safety and welfare in the Town of New Paltz by providing reasonable regulations with respect to timber harvesting, site preparation, construction activities and other activities impacting on the land, including excavation, filling, grading and clearing, so as to protect the natural environment, prevent the indiscriminate and excessive cutting of trees and natural vegetation and prevent problems related to erosion, sediment or drainage. In relation to this purpose the article is intended to:
(1)
Preserve the quality of the natural environment from such adverse effects of activities impacting on the land 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, wildlife habitats or unique geological features; and
(e)
Failure to restore sites to a stable natural condition.
(2)
Protect people and properties from such adverse effects of activities impacting on the land as:
(a)
Increased runoff, erosion and sediment;
(b)
Increased threat to life and property from flooding or stormwaters;
(c)
Increased slope instability and hazards from landslides and sloughing; and
(d)
Modifications of groundwater regime that adversely affect wells and surface water levels (i.e., the building of ponds).
§ 140-117.3 Definitions.
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURE
All agricultural operations and activities related to the growing or raising of crops, livestock or livestock products, and agricultural products, as such terms are defined in or governed by the Agriculture and Markets Law of the State of New York on lands qualified under Ulster County and NYS law for an agricultural exemption by the Assessor of the Town of New Paltz.
CLEAR-CUTTING
Any cutting of trees over six inches in diameter at breast height over any ten-year cycle where the average residual basal area of trees over six inches in diameter at breast height remaining after such cutting is less than 15 square feet per half acre, measured within the area harvested; provided, however, that where regeneration is assured by stand conditions such that, after such cutting, the average residual basal area of trees at least one inch in diameter measured at breast height is at least 15 square feet per half acre, measured within the area harvested, a clear-cut shall not be deemed to have taken place unless the average residual basal area of trees over six inches in diameter at breast height is less than five square feet per half acre, similarly measured.
CLEARING
Destruction and removal of vegetation by manual, mechanical, biological or chemical methods.
DOMESTIC GARDEN
A maintained vegetable, flower or cutting garden, or bed of shrubs and plants not cultivated for commercial resale.
DRAINAGE
The gravitational movement of water or other liquids by surface runoff or subsurface flow.
EMERGENCY ACTION
That which is immediately necessary for the protection or preservation of life, property or intrinsic resource values. Examples of emergency activities include search-and-rescue operations, and the preventive and remedial activities related to large-scale contamination of land, air or water.
EROSION
The wearing away of the land surface by action of wind, water, gravity or other natural forces.
EXCAVATION
Any activity which intentionally removes or significantly disturbs rock, gravel, sand, soil or other natural deposits.
FILLING
Any activity which intentionally deposits natural or artificial material so as to modify the surface or subsurface conditions of land, lakes, ponds or watercourses.
FLOODPLAIN
The land within an area of special flood hazard identified by the Federal Emergency Management Agency subject to a 1% or greater chance of flooding in a given year. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."
GRADING
The alteration of surface or subsurface conditions of land, lakes, ponds or watercourses by excavation or filling.
LAND STEWARDSHIP PLAN
A written description of land management and stewardship practices employed on the property, and how such practices are in keeping with the intent of this article as set forth in the purposes section herein. Said written description shall include an enumeration of all such land management practices, but does not need to be specific in terms of location, scope or duration of said practices.
NATURAL LANDMARKS
Glacial and other geomorphic or physiographic features; areas of natural or ecological value.
SEDIMENT
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.
SENSITIVE ENVIRONMENTAL AREA
Land areas that include, but are not limited to, the following physical conditions and/or environmental settings:
A.
Slopes greater than 15% as mapped and defined on US Geological Survey topographic quadrangle maps, the Ulster County Soil Survey, or as delineated by the Town of New Paltz;
B.
Wetlands, bogs and marshes, as mapped and regulated by state and/or federal agencies;
C.
Floodplains, as shown on Federal Emergency Management Agency (FEMA) mapping;
D.
Historic places, landmarks, structures or landscapes of local, state or national importance, as listed on State or National Registers of Historic Places, as identified by the Town Comprehensive Plan, or as identified by the Town of New Paltz Historic Preservation Commission;
E.
Natural landmarks, scenic views and open spaces as identified by the Town Comprehensive Plan, or as inventoried by the Environmental Conservation Commission of the Town of New Paltz;
F.
Critical environmental areas supporting rare, threatened, or endangered plant and/or animal species as identified by the New York State Natural Heritage Program, the NYS Department of Environmental Conservation, or as delineated by the Town of New Paltz.
SITE PREPARATION
The activities of clearing, excavation, filling, grading or any other activity that prepares a site for a land use change or modification.
TOPSOIL
The natural surface layer of soil, usually darker than subsurface layers, to a depth of at least six inches within an undisturbed area of soils.
WATERCOURSE
A river, creek, stream, ditch, or channel in which water flows as listed (classified and unclassified) by the NYS Department of Environmental Conservation, or as delineated by the Town of New Paltz.
§ 140-117.4 Resource protection: activities subject to plan approval.
Unless specifically exempt pursuant to § 140-117.5, no person shall commence, continue, complete or otherwise engage in any of the following activities without having first applied for and having been granted a permit pursuant to the requirements of § 140-117.7:
A.
Clear-cutting of 10,000 square feet or more of ground surface upon any one parcel, or contiguous parcels under common ownership;
B.
Site preparation, filling, excavation, grading, clearing or other activity (except where it is required in connection with incidental landscaping or minor site improvements, such as the construction of walks, retaining walls, and fences) which involves an area of land disturbance greater than 10,000 square feet in area, or involving the addition or removal of greater than 40 cubic yards of fill.
C.
Harvesting by any means in any one calendar year more than six cords (8'0 L x 4'0 W x 4'0 H) of live timber, or equivalent measured in board feet, upon any one parcel, or contiguous parcels under common ownership;
D.
Cutting of any timber or trees associated with any new curb cut, driveway, access or other opening upon any roadway, unless associated with a building permit;
E.
Site preparation within a floodplain;
F.
Clearing, grading or filling within 50 feet of a watercourse.
§ 140-117.5 Exempt activities.
The following are exempt activities:
A.
Agriculture, as defined herein;
B.
Site preparation, filling, excavation or grading upon any parcel of land undertaken for the purpose of constructing, enlarging, removing, improving, changing or otherwise altering any building or structure for which a valid building permit has been issued; provided, however, that the following minimum requirements shall apply to the permitted activity:
(1)
Significant wooded areas and hedgerows, including their root systems, and standing trees having a diameter of three inches or more measured at breast height and located within 20 feet from any exterior property boundary line shall be preserved;
(2)
When existing vegetation is destroyed or removed from the land during the project, work shall be diligently pursued and completed so as to keep the exposure to the shortest possible time, using techniques such as straw or hay bales, silt fences or similar measures as specified in the New York Guidelines for Urban Erosion and Sediment Control, latest edition, utilized where necessary and maintained to remove sediment from runoff waters on lands affected by project activities, where necessary;
(3)
Permanent final vegetation and structures should be installed as soon as practical upon completion of the project. Wherever feasible, natural vegetation should be retained and protected.
C.
The removal, replacement or repair of wells and septic systems;
D.
Soil mining and land reclaimation activities conducted pursuant to laws, rules, regulations or orders of any appropriate federal, state or local governmental board, body or authority having jurisdiction of the regulated activity;
E.
Harvesting of trees with a diameter of less than six inches at breast height, and of trees, firewood, dead trees and tree limbs for the personal use of the property owner, except where such activities are regulated pursuant to Chapter 130, Tree Conservation, of the Code of the Town of New Paltz, or regulated pursuant to § 140-117.4, Resource protection: activities subject to plan approval, Subsection A(1);
F.
Maintenance of driveways, roads, carriageways, hiking trails, culverts and drainage ditches, swales and other drainage courses;
G.
Temporary stockpiles or storage of materials during otherwise approved construction or maintenance activities, provided that such storage or stockpiling not take place within 50 feet of any watercourse or sensitive area;
H.
Trimming of vegetation related to utility lines and public safety;
I.
Routine landscape maintenance of existing landscaped areas on developed lots, including mowing or brush-hogging of grasses and weedy vegetation which does not disturb soils, pruning, weeding, planting annuals and domestic gardening activities;
J.
Site preparation, clearing, grading, filling and the cutting or removal of trees which is in compliance with any site plan or subdivision plan which has previously been lawfully approved by the appropriate governmental board, body or agency having jurisdiction to issue such approval;
K.
Cutting of any timber or trees associated with a curb cut, driveway, or other opening upon a roadway for purposes of providing access to any property for which a building permit has been issued;
L.
Regulated activities on lands which are open to the public for a park, nature preserve or wildlife refuge, for recreation or tourism, whether or not a fee is charged for such use, or lands governed by the terms of a conservation easement on file with the Assessor of the Town of New Paltz and the County Clerk, or on lands protected by a conservation easement or owned in fee by a not-for-profit land trust or conservation organization, or nonpublic lands owned and maintained by bona fide religious/apostolic organizations possessing a tax exemption under Section 501(d) of the United States IRS Code, or on lands designated as a national landmark, provided that all such lands are managed by a land stewardship plan on file with the Town of New Paltz Environmental Conservation Commission, which plan is determined by said Conservation Commission to meet the spirit and intent of this article.
M.
Emergency actions, and measures necessary to protect human life and preserve property, such as clearing rock slides, creating a fire break to fight fire, or other situations in which the public health, safety and welfare are threatened.
N.
The Town of New Paltz Highway Department shall be exempt from the procedural requirements of this article, upon filing a memorandum of understanding (MOU) along with the annual 284 Agreement with the Town Board. Such MOU shall be subject to annual review and renewal requiring practices keeping to the purpose, intent and spirit of this article as set forth in this chapter.
§ 140-117.6 Permit required.
No person shall commence, continue or enter upon any lands for the purpose of commencing or continuing any activity not expressly exempt by this article, or enter upon any lands for the purpose of commencing or continuing such activity, without first having obtained a permit for such activity approved and issued pursuant to the provisions of this article.
§ 140-117.7 Permit application.
A.
Any person seeking to commence, continue or to otherwise conduct any activity subject to plan approval as described in this article shall submit to the office of the Building Inspector an application upon forms furnished by such office, which application shall set forth the following for each project for which application for a permit is made.
B.
Application documents.
(1)
Initial application documents may be a survey or a freehand sketch made directly upon a print of a topographic survey or an enlargement of a USGS topographic map of the proposed parcel accurately dimensioned and drawn to scale showing existing physical conditions, the proposed plan, streets, highways, property lines, buildings and other structures, together with all other physical and geologic features and topographic data required for compliance with the provisions of this article and such other data as the Planning Board considers necessary for its review and approval of the plan pursuant to the provisions of this article.
(2)
The applicant shall describe or outline existing conditions of the site wherever necessary to explain and/or to supplement the map, plan, survey or sketch submitted. This information shall include existing data on land characteristics, available community facilities, the location of streets, highways, driveways, roadways and all other physical improvements located upon and immediately adjacent to the site.
(3)
In addition to the foregoing requirements, additional application documents may be required to facilitate Planning Board review. In determining to waive, modify or require additional application documents, the Planning Board shall additionally be authorized to require such alternative submissions as will assure substantial compliance with the objectives and standards of this article.
C.
Referral of application to the Planning Board.
(1)
Upon receipt of an application, the Building Inspector shall determine whether or not it conforms to the basic requirements of this section. If such conformance is determined, the Building Inspector shall expeditiously refer copies of the application to the Planning Board.
(2)
Upon Planning Board determination that an application is complete, the Planning Board shall act to approve, disapprove or approve with modifications the proposed plan within 62 days. This period may be extended by mutual consent of the applicant and the Planning Board. Upon approval of the plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the plan and shall forward a copy to the applicant, the Building Inspector, or if not the Building Inspector, then such other duly authorized person or persons as designated by the Town Board, and file same with the Town Clerk. The Building Inspector, or his/her designee, shall issue the permit. In the event of disapproval, the Planning Board shall state its reasons therefor in writing in its records and shall send a written notice of its decision to the Building Inspector, or if not the Building Inspector, then such other duly authorized person or persons as designated by the Town Board. The Planning Board shall also notify the applicant in writing of its decisions and its reasons for disapproval, and file them with the Town Clerk. The plan application fee shall be in addition to the regular fee for issuance of the permit.
(3)
Standards for plan approval. In acting on any plan application, the Planning Board shall take into consideration the public health, safety and general welfare, the recommendations of the Town Master Plan and the Official Map, recommendations of other agencies as identified within this article, and the compliance of the proposed plan with the requirements of this article.
(4)
Standards. In applying the provisions of this section, the Planning Board shall, whenever possible, adhere to the following standards so as to encourage the preservation of natural features which contribute positively to the community, such as mature trees or groves, watercourses and falls, and sensitive environmental areas as defined herein:
(a)
The proposed plan shall preserve, insofar as possible, the natural terrain, natural watercourses and drainage areas.
(b)
Appropriate measures shall be taken to preserve significant wooded areas and hedgerows, including their root systems, which exist on the site. If the plan requirements indicate that existing trees probably would not stand the shock of the site development, appropriate replacement trees should be considered by the applicant.
(c)
Natural fertility of the soil shall be preserved by disturbing it as little as is possible; maximum reuse of topsoil should be accomplished by stockpiling the topsoil material within an appropriate area of the site, and to be respread during final site regrading. The Planning Board shall have the authority to establish the amount of area that may be disturbed at one time, taking into account the nature and extent of the area to be disturbed, the need to undertake appropriate mitigating measures to minimize or eliminate wind or water erosion, and the type of mitigation required.
(d)
The Planning Board shall have the authority to require mitigating activity to minimize, to the extent practicable, adverse impacts on watercourses on property affected by the plan and/or on adjoining property.
(e)
The applicant shall provide effective erosion and sediment control measures for planning and construction in accordance with the criteria set forth in § 140-117.5B(2).
D.
Application procedures.
(1)
The applicant may submit a written request to the Planning Board for waiver of any of the above-listed plan requirements. This waiver request must specifically state the reason or reasons why the particular plan requirement is not applicable to the particular plan application. The Planning Board may consider the submitted plan requirement(s) waiver request(s) and waive a requirement, or requirements, for a plan if such requirement, or requirements, are found not to be requisite in the interests of the public health, safety or general welfare, or if found inappropriate for a particular plan. If a waiver to the plan requirements is granted, the Planning Board may impose appropriate conditions on such waiver.
(2)
Reimbursable costs. Costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed plan shall be charged to the applicant, as determined by the Town Board in its sole discretion.
(3)
Performance guarantee and inspection of improvements. No certificate of compliance shall be issued until all work shown on the plan is completed or a sufficient performance guarantee has been posted for work not yet completed. The sufficiency of such performance guarantee shall be determined by the Town Board after consultations with the Planning Board, the Building Inspector, the Town Engineer, the Town Attorney and other appropriate parties. The Building Inspector, or if not the Building Inspector, then such other duly authorized person or persons as designated by the Town Board, shall be responsible for the overall inspection of the project, including coordination with the Planning Board and other officials and agencies, as appropriate.
(4)
Expiration of approval. Any plan approval shall expire if the work to be performed on the project is not begun within one year of the date of approval; provided, however, that the applicant may make written application to the Planning Board, before such approval expires, for an initial extension of such approval for an initial period of 180 days and, thereafter, for additional extensions of not more than 90 days each, which extensions may, for good cause shown, be granted or denied by the Planning Board.
[Amended 12-15-2011 by L.L. No. 6-2011]
§ 140-117.8 Land stewardship plan.
For lands eligible to submit a land stewardship plan (see § 140-117.5, Exempt activities, Subsection L), to ensure that such lands are managed consistent with the intent and spirit of this article, the following procedures apply and shall supercede all other application procedures:
A.
The owner of said land shall submit to the Planning Board a land stewardship plan as defined herein to define practices employed on the property. The plan shall demonstrate that all such practices are in keeping with the intent of this article, as set forth in the findings, purpose and intent section herein. Said written description shall enumerate all such land management practices, but shall not necessarily specify the precise locations, scope, schedules or duration of said practices on forms provided by the Planning Board.
B.
The Planning Board shall refer the land stewardship plan to the Town of New Paltz Environmental Conservation Commission to determine if such description conforms to the intent of this article. Upon written finding that the land stewardship plan conforms, the Planning Board shall issue the landowner a permit allowing such activities without restriction or other plan approval as required under this article.
C.
Said landowner shall submit updated descriptions if its land management plan activities change or new techniques are added, in which case it shall submit an updated description to the Planning Board for review.
§ 140-117.9 Compliance with State Environmental Quality Review Act.
All actions by the Planning Board under the provisions of this article shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
§ 140-117.10 Fees.
A.
The Town Board of the Town of New Paltz shall establish by resolution the fee to be charged, collected and received for the granting of each permit required by this article.
B.
The fees required pursuant to the provisions of this article shall be paid in advance upon submission of an application, and the failure to submit the full payment required shall render the application incomplete.
§ 140-117.11 Penalties for offenses.
A.
Every person who shall fail to comply with a violation order issued by the enforcement officer within the time limit stated thereon shall be deemed to have committed an offense against this article and also shall be liable for any such violation or the penalty therefor.
B.
A violation of this article is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
C.
Any person violating this article shall be subject to a civil penalty enforceable and collectible by the Town. Such penalty shall be collectible by and in the name of the Town for each week that such violation shall continue.
D.
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article.
E.
The enforcement responsibility, procedure and fines shall be coordinated with zoning enforcement and flood damage control law provisions so that in any instance where multiple violations occur because of the same set of facts, they can be effectively and efficiently prosecuted.
§ 140-117.12 Relief from decisions.
Any person or persons jointly or severally aggrieved by any decision of the Planning Board under this article may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated, as therein provided, within 30 days after the filing of the Planning Board's decision in the office of the Town Clerk.