Wilton City Zoning Code
ARTICLE XXVII
Timber, Silviculture, Soil and Stream Regulations
§ 129-195 General requirements.
[Amended 4-5-2007]
Activities requiring Planning Board review under this article are thereby subject to the Town of Wilton preliminary site plan approval regulations. No modification of existing stream channels, filling of lands or wetlands, grading, mining, or removal of vegetation or excavation of soils for the construction of site improvements shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of the Zoning Ordinance. Where necessary, final site plan approval may require additional review and modification, the removal of unapproved site improvements or the revegetation of the site.
§ 129-196 Timber harvesting and silvicultural practices.
[Amended 11-10-2005; 4-5-2007]
A.
Timber harvesting and silvicultural practices are hereby prohibited in any zoning district prior to the issuance of a timber harvesting or silvicultural permit, as outlined in § 129-199, or as otherwise presented under this article.
B.
Timber harvesting shall be permissible within the vegetative buffer strip, provided for in § 129-198C(2), with the conditions that not more than 1/3 of the crown canopy is removed within any ten-year period.
C.
The harvesting, cutting, culling, removal or thinning of vegetation on pasture and cultivated land devoted to agriculture within 50 feet of the center of a stream shall be allowed, provided that a riparian vegetative buffer strip consisting of woody shrubs or trees are retained sufficient to maintain the stability of the stream bank and minimize stream bank erosion and direct runoff to the stream.
D.
The above cutting standards are in addition to and not exclusive of the standards detailed § 129-198 (Stream Resource Management.)
E.
Refer to the NYSDEC Timber Harvesting BMP Manual for standards.
§ 129-197 Soil disturbance; excavation, mining, removal and filling of lands.
[Amended 11-10-2005; 4-5-2007]
A.
The use of land for the excavation, removal, filling or depositing of any type of earth material, topsoil, gravel, rock, mining, garbage, rubbish or other waste or by-products is hereby prohibited in any zoning district, except upon prior approval by the Planning Board or as otherwise presented under this chapter.
B.
A certificate may be requested of the applicant which would entail filing a surety bond that is executed only by surety company authorized to do business in the State of New York. The amount of the bond shall be established by the Planning Board upon advice from the Town Engineer and shall be sufficient to rehabilitate the property upon default of the operator of the excavating or filling operations. Court costs and other reasonable expenses shall be covered by the applicant.
C.
This regulation does not apply to normal soil removal for landscaping and general home improvements, basements or foundation work when a legal building permit has been previously issued by the Town of Wilton. When basement or foundation work is not completed within six months and if found by the Building Inspector to constitute an eyesore or hazard, it may be filled and the cost assessed to the property owner.
§ 129-198 Stream resource management.
A.
Findings, objectives and applicability.
(1)
Streams provide a variety of benefits, including drinking water, process and cooling water for industry, water for agriculture, a means for a community to assimilate its wastes, as well as habitat for fish and wildlife. Streams also provide a community open space amenity and recreational benefits.
(2)
Aesthetically pleasing waters add to the quality of human experience. They also provide recreational opportunities, may enhance property values of adjoining properties (public and private), and provide focal points of interest in which a community can take pride.
[Amended 11-10-2005]
(3)
The objectives of stream resource management are:
(a)
Protection of the natural environment, including water quality, soil conservation, aquatic ecology (fisheries) and terrestrial ecology (wildlife).
(b)
Protection of health and safety from flooding and storm damage.
(c)
Improved cultural and economic environment through the protection of aesthetic conditions along streams.
(4)
Stream resource management places primary emphasis on water quality protection and enhancement through the control of nonpoint sources of pollution, such as erosion and sedimentation, and on protection of natural and cultural resources in the stream corridor. Floodplain management places emphasis on the protection of people and structures from flood hazards. Floodplains are part of stream corridor and can serve as a buffer zone to filter the sediment and pollution produced by urbanization and other land use activities, such as agriculture or timber harvesting. Floodplains can also provide a margin of safety from flood and erosion hazards to adjacent populations.
[Amended 11-10-2005]
(5)
The provisions of this section apply to the Snook Kill, Little Snook Kill, Delegan Brook and the Bog Meadow Brook. The streams leading to Lake Elizabeth and Loughberry Lake, as well as the lakes themselves, shall also be included.
B.
Highways and roads.
(1)
No new public road or private road shall be located within 100 feet of the center of the stream except for such roads as are necessary for crossing the stream.
(2)
If there is no other vehicular access to a new or existing land use or development within the stream conservation corridor, a new private road shall be allowed, but only if such road is not open to the general public, if it is located at all points at least as far from the stream as the land use or development to which it shall provide access and if it is not located within 100 feet of the center of the stream. This is not to preclude crossing of streams to gain access to lands on the other side.
(3)
Any new public or private road trail for motorized open space recreation uses or new private woods road and any new bridge associated with any such road or trail shall be so located, designed and constructed as to minimize its visibility from the stream, minimize alteration of the natural environment and avoid undue adverse environmental impact; shall be reasonable and necessary; and shall have its uses effectively restricted to those specified by the person undertaking such activity. Any bridges associated with such road or trail over the stream shall not interfere with the recreational use of the stream.
(4)
Any bridge associated with a new trail for an open space recreational use shall be constructed of naturally occurring materials, such as wood and stone, to the extent feasible and shall not interfere with the recreational use of the stream.
(5)
No new fills shall be placed within a minimum of 50 feet from the edge of the stream.
[Amended 11-10-2005]
C.
Structures.
(1)
New structures, whether above or below ground, other than fences, poles, bridges and fisherman parking areas, shall be constructed a minimum of 100 feet from the edge of the stream.
[Amended 11-10-2005]
(2)
A buffer strip consistent with the following standards shall separate all new structures and septic systems, except for fences, poles, bridges and fisherman parking areas, from the stream:
[Amended 11-10-2005]
Slope of Land (degrees) | Width of Buffer Strip (Distance from Edge of Stream) (feet) |
|---|---|
0 | 100 |
10 | 120 |
20 | 130 |
30 | 170 |
40 | 210 |
50 | 250 |
60 | 290 |
70 | 330 |
80 | 370 |
90 | 410 |
100 | 450 |
(3)
Fences, poles, bridges and fisherman parking areas shall be constructed a minimum of 50 feet from the center of the stream.
(4)
New structures and septic systems shall be designed and constructed so as to avoid undue adverse environmental impacts and in accord with erosion and stormwater control standards acceptable to the Planning Board of the Town of Wilton.
D.
Utilities.
(1)
Uses subject to review pursuant to Article VII or Article VIII of the Public Service Law shall be limited to locations where structures, support structures, lines, cables, pipes, equipment and accessories shall be substantially invisible from the stream. Except at stream crossings, such structures, support structures, lines, cables, pipes, equipment and accessories shall not be located within 100 feet of the center of the stream. In addition, such structures and facilities shall be located only where the impact on the scenic qualities of the stream corridor can be eliminated.
(2)
New stream crossings by private or public utility uses shall be minimized and shall be limited to the extent feasible to those points along a stream corridor where crossings are now made, but in no case shall they be more frequent than once every 1,000 feet as measured along the course of the stream.
(3)
A stream corridor utility use under these guidelines shall be located, designed and constructed so as to avoid undue adverse environmental impact and to minimize visibility from the stream and the stream corridor from structures, support structures, lines, cables, pipes and other associated equipment and accessories.
E.
Signs.
(1)
No new signs shall be placed within 100 feet of the center of a stream with the exception of the following:
(a)
Informational, directional, public safety or regulatory signs may be placed in such a location by any authorized federal, state or local government entity with the permission of the landowner where such signs are otherwise allowed by law, provided that no such sign exceeds four square feet in size or a height of 10 feet.
(b)
Any person, with the permission of the landowner, may place in such location a posting sign pursuant to and in conformity with §§ 11-2109[1] and 11-2111 of the Environmental Conservation Law, provided that no such sign exceeds four square feet in size or a height of 10 feet.
[1]
Editor's Note: Section 11-2109 was repealed L. 1994, c. 570, eff. 7-26-1994.
§ 129-199 Permit required.
[Amended 11-10-2005; 12-7-2006 by L.L. No. 4-2006; 4-5-2007; 8-1-2019]
No person shall engage in any soil disturbing or timber harvesting activity, excluding silvicultural activities, which involves one or more acres without first obtaining a permit from the NYSDEC for discharges from construction activities, as per NYSDEC General Permit. A stormwater pollution prevention plan consistent with the requirements of §§ 129-205 through 129-210 of this chapter shall be required. The SWPPP shall meet the performance and design criteria and standards in § 129-206. The approved erosion control permit shall be consistent with the provisions of Article XXVIII of this chapter.
§ 129-200 Permit issuance.
A.
Nothing contained in this chapter shall preclude soil disturbing and timber harvesting activities in the event of:
(1)
A bona fide emergency.
(2)
Authorized governmental activities.
(3)
The customary cultivation of farmland.
(4)
The removal of diseased vegetation or of rotten or damaged trees or of other vegetation that presents safety, environmental or health hazards.
(5)
The cutting of firewood by the owner of land for personal use in his own dwelling.
B.
The Building Inspector shall issue a written permit to allow timber harvesting or soil disturbance practices on less than five acres of land, and silvicultural practices on more than one acre of land upon submission of all required information. The Building Inspector may impose limitations, conditions or other such criteria which shall be noted on the written permit. The following information shall be provided to the Building Department prior to permit issuance:
[Amended 11-10-2005; 4-5-2007]
(1)
The applicant shall notify adjoining property owners by certified mail, return receipt requested, prior to starting work. Proof of mailings shall be submitted to the Building Department.
(2)
Silvicultural practices shall be carried out as part of a silvicultural plan and overseen by a certified forester. A copy of this plan shall be submitted to the Building Department at the time of application.
(3)
The applicant must pledge that the operations carried out under the permit will conform to the Best Management Practices for Water Quality in New York State.
(4)
Timber harvesting activities, as opposed to silvicultural practices, are subject to a NYS DEC General Permit for stormwater discharges from construction activities greater than one acre.
[Amended 8-1-2019]
(5)
All stumps, grubbings, logs, limbs generated from subdivision or commercial projects shall be hauled off and disposed of properly. Chipping/grinding of this material on site will be allowed in lieu of off-site disposal. No waste materials from the chipping/grinding shall be allowed to be buried on site.
[Added 8-4-2022]
C.
The Building Inspector shall issue a permit for timber harvesting or soil disturbance activities on five or more acres only with the consent of the Planning Board of the Town of Wilton. The Planning Board may give its consent only after giving consideration to the following:
[Amended 11-10-2005; 4-5-2007]
(1)
Review of a sketch plan delineating the extent and amount of timber harvesting or soil disturbance activities and a general vicinity map presented by any person desiring to engage in such activities of five or more acres, whether on a single parcel or a series of adjacent or contiguous parcels.
(2)
When indicated by the State Environmental Quality Review guidelines, the submission of an environmental assessment form shall be required.
(3)
Timber harvesting activities, as opposed to silvicultural activities, are subject to a NYSDEC GP 02-01 SPDES permit for stormwater discharges from construction activities greater than one acre.
(4)
At its discretion, the Planning Board may require a bond or letter of credit prior to the issuance of a permit to cover the cost of constructing and maintaining all soil erosion and sediment control measures which it deems necessary. The amount of the bond or letter of credit shall not exceed $1,000 per acre.
(5)
The applicant shall notify adjoining property owners by certified mail, return receipt requested, prior to starting work. Proof of mailings shall be submitted to the Building Department.
(6)
Applicant must pledge that the operations carried out under the permit will conform to the Best Management Practices for Water Quality in New York State.
(7)
All stumps, grubbings, logs, limbs generated from subdivision or commercial projects shall be hauled off and disposed of properly. Chipping/grinding of this material on site will be allowed in lieu of off-site disposal. No waste materials from the chipping/grinding shall be allowed to be buried on site.
[Added 8-4-2022]
§ 129-201 Penalties for offenses.
Any person violating any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $1,000 or by imprisonment in the County jail for not more than one year, or both, for each offense. When a violation of this chapter is continuous, each 24 hours thereof shall constitute a single, separate and distinct offense. The Town Board may also bring a civil action to restrain any violation of this article.