NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW
TOWN OF NEWBURGH
NOTICE OF PUBLIC HEARING
ON PROPOSED LOCAL LAW
PLEASE TAKE NOTICE that there has been reintroduced before the Town Board of the Town of Newburgh in the County of Orange and State of New York on July 25, 2022, the Introductory Local Law designated as Introductory Local Law No._4__ of the Year 2019 entitled “A Local Law Adding Chapter 172 Entitled ‘Tree Preservation and Protection to the Code of the Town of Newburgh” The purpose and effect of the local law are to add provisions pertaining to the preservation and protection of trees to the Municipal Code in order to protect the various benefits to the community which are provided by trees while allowing property owners to develop their properties in a reasonable manner. The local law includes definitions of Authorized Official, Buildable Area, Building Area, Canopy Cover Tree, Clear Cutting or Wholesale Tree Cutting, Critical Root Zone, DBH, Development, Development Activity, Disturb, Disturbance Zone, Drip Line, Natural Preserve, Protected Tree, Significant Tree, Specimen Tree, Topping, Tree Inches, Tree Professional and Vernal Pool. The local law will apply to property being developed in connection with site plans and subdivisions where trees would be removed in buildable areas and driveway and to parcel(s) over 5 acres in size on which Significant or Protected trees are to be removed or disturbed without a permit or approval or in excess of certain thresholds within 24 months prior to submission of an application to develop the parcel. The local law establishes thresholds for removal or disturbance of Significant and Specimen Trees in residential and commercial zoning districts, which if crossed, will subject the applicant or owner to reforestation or restitution requirements. The local law requires tree surveys and preservation plans to be submitted with applications for permits and approvals for properties within the scope of the local law and provides for reforestation pursuant to approved reforestation plans meeting requirements specified by the local law or the payment of restitution, or a combination thereof, if the established thresholds for removal or disturbance are or have been crossed. The local law also provides that every effort shall be made to avoid removal of trees from Vernal Pools and a surrounding buffer area at least 20 feet in width. The local law includes provision for review of plans by the Authorized Official and payment of costs by applicants for the Town’s engagement of competent professionals for the reviews from escrows established with applicant funds. The local law includes requirements for performance guarantees for the planting and survival of trees, for tree protection during development, for inspections and final approvals, for enforcement, including the issuance of stop work orders, for appeals and variances to be granted by the Zoning Board of Appeals, for penalties for offenses for violations of the local law as violations under the New York State Penal Law and for injunctive relief and civil penalties.
PLEASE TAKE FURTHER NOTICE that pursuant to Section Twenty of the Municipal Home Rule Law, a public hearing will be held on the aforesaid proposed Local Law before the Town Board of the Town of Newburgh at the Town Hall at 1496 Route 300 in the Town of Newburgh, New York at 7:00 o'clock p.m. on August 22, 2022 at which time all interested parties will be heard.
The Town of Newburgh provides reasonable accommodations for the disabled. Disabled individuals who need assistance in order to participate should contact the Town Clerk’s office at
(845) 564-4554. Advance notice is requested
Dated: August 2, 2022
Lisa M. Vance Ayers
Town Clerk, Town of Newburgh