[HISTORY: Adopted by the Town Board of the
Town of Shandaken 6-11-1997 by L.L. No. 3-1997. Amendments noted where
applicable.]
It is the intent of this chapter to promote
the welfare of the people of the Town of Shandaken by providing for
regulation of the removal of trees in such a way as to protect and
preserve the environment, roads and quality of the community in general.
Trees are a natural resource and an integral part of the natural landscape
of the Town, providing soil erosion control, surface water flow barriers
and scenic beauty and fostering myriad plant and wildlife species.
Improper timber harvesting practices can result in significant damage
to the forest environment. The removal or harvest of trees is therefore
of prime concern to the people of the Town of Shandaken and shall
not be permitted, except as hereinafter provided.
For the purpose of this chapter, certain words
and terms used herein are defined as follows:
A.
General construction of language. All words used in
the present tense include the future tense; all words in the plural
number include the singular number; and all words in the singular
number include the plural number, unless the natural construction
of the wording indicates otherwise. Unless otherwise specified, all
distances shall be measured horizontally. The word "Town" means the
Town of Shandaken; the term "Town Board" means the Councilmen of said
Board and the Supervisor of said Town; the term "Zoning Enforcement
Officer" means the individual designated by the Town to administer
this chapter and shall include the term "Building Inspector;" the
term "Town Clerk" means the Town Clerk of said Town. The word "shall"
is mandatory.
B.
CLEAR-CUTTING
COMMERCIAL TIMBER HARVESTING
HAUL ROAD
LANDING
LOGGING SLASH AND DEBRIS
MINIMUM STUMP DIAMETER
PROFESSIONAL FORESTER
RESOURCE MANAGEMENT AREAS
(1)
(2)
SELECTION CUTTING
SKID TRAIL
SMALL-SCALE TIMBER HARVESTING
STANDARD CORD
STREAM
STREAM, INTERMITTENT
THINNING
WATERBARS
ZONING ENFORCEMENT OFFICER
Definitions.
A method of harvesting where all or virtually all trees on
a site larger than eight inches in diameter are removed.
Timber harvesting activity that fells standing trees and/or
removes downed trees, stems, tops or branches within any twelve-month
period whose volume is greater than 100,000 board feet of timber as
measured by the International 1/4 Inch Log Rule.
A constructed road of dirt and/or gravel utilized for moving
cut trees from the point where they were loaded on a truck to an exit
from the site.
An open or cleared area used for loading logs onto trucks
or used for any general purpose, such as for storing logs or for servicing
equipment.
Any residue of trees or of the associated cutting left on
the site after harvesting operation, including but not limited to
undesirable tree trunks, treetops and litter.
The designated diameter of the stumps of trees to be cut,
measured at a point 12 inches above the high ground level, which diameter
of the remaining stumps can be checked after the tree is cut.
A graduate forester from a Society of American Foresters
accredited forestry curriculum who has at least two years of experience
in the field of forest management or timber product harvesting.
Environmentally unique or sensitive areas that warrant special
development consideration and protection. The definition of the two
different resource management areas are as follows:
STREAM CORRIDOR AREASThe area, as mapped in the Zoning Law,[1] on each side of a stream or shore necessary to protect
the banks and maintain or improve water quality.
CRITICAL SLOPESSlopes that show signs of severe erosion or creep.
A method of harvesting where trees to be cut are stated and
marked via some specified criteria before harvesting begins.
A trail or rough road used to move a tree from the place
where it was cut to a pile or landing where it is loaded onto a truck.
Timber harvesting activity that fells standing trees and/or
removes down trees, stems, tops or branches within any twelve-month
period whose volume is less than or equal to 100,000 board feet of
timber as measured by the International 1/4 Inch Log Rule and is not
exclusively for the use of the landowner and his/her immediate family.
A cut pile of wood measuring four feet by four feet by eight
feet.
A body of running water flowing most months of the year in
a channel on the surface of the ground, except a body of running water
that the Town Board determines to be too insignificant in size to
justify such classification.
A channel on the surface of the ground in which water flows
intermittently, except a channel that the Town Board determines to
be too insignificant in size to justify such classification.
A selective cutting or deadening of trees in an immature
stand of trees for the purpose of upgrading the quality and/or growth
of the trees left.
Small humps or diversions for the purpose of erosion and
sediment control built upon or across roads and landings which catch
and divert runoff into adjacent vegetated areas and release the runoff
in a nonerosive manner.
The Zoning Enforcement Officer who may utilize the services
of a professional forester as needed.
It is hereby required that a timber harvesting permit be obtained by the landowner desiring to conduct commercial or small-scale timber harvesting as defined above on any one parcel or series of contiguous parcels in the same ownership. In the event of small-scale timber harvesting, a permit shall be issued by the Zoning Enforcement Officer if it complies with § 109-7 standards and further subject to the Zoning Officer sending written notice of the proposed timber harvest to the New York State Department of Environmental Conservation (DEC) and the New York City Department of Environmental Protection (DEP). The applicant must secure any additional approvals required by the New York State DEC and/or New York City DEP. The harvesting plan, as approved, must be signed by the logger prior to the commencement of any timber harvesting. A fee of $100 is to be paid by the landowner to obtain the permit. In the case of commercial timber harvesting, the landowner must secure a permit from the Town Board pursuant to § 109-5 et seq.
The application of this chapter shall not be
construed in any way to prohibit or to require a permit for:
A.
The clearing of land for rights-of-way for utilities,
except that said clearing shall comply with accepted forest management
practices and shall be approved by a professional forester.
B.
The clearing of land for construction of residential
or commercial structures, so long as said clearing does not exceed
five acres.
C.
The harvesting of trees for personal use by the landowner
and his/her immediate family, as long as such harvesting does not
exceed 10,000 board feet in any twelve-month period.
The Town Board shall receive the following information
from the landowner before considering a permit for commercial timber
harvesting:
A.
Summary. A summary of cutting operations to include:
(1)
Total land area involved in cutting operations.
(2)
The number of trees of each species to be cut.
(3)
The range, in inches, of diameter of trees to be cut.
(4)
The total board foot volume for each species to be
cut.
(5)
The total volume to be removed from the cutting area.
(6)
The average number of trees per acre to be removed.
(7)
The average number of board feet per acre to be cut.
(9)
A certificate of insurance and paid receipt insuring
the landowner and naming the Town of Shandaken as an additional insured
in the minimum sum of $500,000 for any claims, damages or causes of
action arising out of injury to persons or property. Said insurance
shall also specifically provide coverage to roadways, bridges and
culverts owned or maintained by the Town. In the event of cancellation
of insurance, any permit issued shall immediately be null and void.
(10)
Bond requirements. A performance bond shall
be posted with the Town Board in an amount and form to be determined
by the Town Board to ensure conformance to the approved plans and
this chapter and to ensure repair of any Town road or Town property
which may be damaged as a result of harvesting operations. The Town
Board shall set a reasonable time limit for such bond, but not to
exceed two years; a bond may be renewed or extended with each permit
renewal. Said bond shall remain in full force and effect until a certificate
of completion has been issued by the Zoning Inspector indicating that
all the provisions of this chapter and conditions of the permit have
been complied with. In lieu of such a bond, the applicant may post
a cash deposit or certified check with the Town Supervisor.
(11)
The application shall be made by the landowner,
or the landowner may designate another individual to make the application
by delivering a duly notarized written statement granting said permission.
(12)
The name, address and telephone number of the
landowner and logger shall be provided.
(13)
The section, block and lot number of the property
and a copy of the landowner's deed shall be provided.
(14)
A completed environmental assessment form, which
shall be considered in the context of State Environmental Quality
Review Act regulations and requirements.
B.
Sketch map. A sketch map to show:
C.
Landowner's statement. A statement from the landowner
that each tree to be removed has been designated by a professional
forester with paint or other distinctive means at two points so as
to be readily visible by the buyer. One point shall be low enough
on the tree so as to be visible on the stump after the tree is removed.
Trees being removed for other than sawtimber need not be marked on
the stump.
D.
The foregoing requirements are separate from and in
addition to any other rules or permits which may be required of the
applicant by the County of Ulster, City of New York or State of New
York.
A.
Each application for a commercial timber harvesting permit, together with the required information described in § 109-5, shall be referred to the Town Board by the Town Clerk within five days of the date of application for preliminary review. Within 30 days of the date the application is determined to be complete, the Town Board shall call a public hearing on the application. Within 45 days after the close of the public hearing, the Town Board shall forward its findings to the applicant and the Zoning Enforcement Officer indicating that the application has been approved, disapproved or approved with modifications or conditions. A copy of the Town Board's findings shall also be maintained in the office of the Town Clerk.
B.
Applicants for a permit shall bear the expense of
public hearing notice advertising.
C.
Should the Town Board determine that one or more consultants
should be retained to review the application, the applicant shall
bear the cost of the consultants.
A.
Conservation practices. The proposed operation shall
not adversely affect drainage, nor shall it contribute to soil erosion
by water or wind.
B.
Adjacent property. Tree falling on adjacent properties
as a result of an improvement operation shall immediately be returned
to the permittee's property. No trees shall be cut within 25 feet
of any property line.
C.
Management practices. Loading areas shall be smoothed
to remove all ruts and debris. Waste materials shall be buried or
removed to a point out of sight of any public road.
D.
Hours of operation. No harvesting, cutting, processing,
hauling, stockpiling or removal of timber, logs or wood shall take
place between the hours of 7:00 p.m. and 7:00 a.m. nor at any time
on Sundays or legal holidays.
E.
Expiration and extensions. The term of the permit
shall be for one year. However, since forest stand improvement operations
may be adversely affected or delayed by unusual circumstances of weather
or other occurrences, an extension of one year shall be available
upon written request by the landowner and a public hearing and a finding
by the Town Board that all terms and conditions of this chapter have
been complied with.
F.
Standards. The Town Board shall recommend that the
following standards be invoked where necessary:
Except for site clearing for residential and commercial construction as provided in § 109-4B above or for utility rights-of-way pursuant to the limitations in § 109-4A above, no clear-cutting shall be permitted on any lands within the Town. Live trees less than eight inches in diameter are not to be cut or removed during a commercial timber harvest or a small-scale timber harvest or harvest for use by the owner's immediate family.
A.
This chapter shall be enforced by the Town Zoning
Enforcement Officer. The Zoning Enforcement Officer may request and
shall receive, so far as may be necessary in the discharge of his/her
duties, the assistance and cooperation of the police, the Town Highway
Department and all other municipal officials exercising jurisdiction
over property being harvested or harvesting operations.
B.
The Town Board, Zoning Enforcement Officer and assistants
described above, upon the showing that they are officers and/or employees
of the Town of Shandaken, and in the discharge of their duties, may
enter upon any property at any reasonable hour where timber harvesting
is reported, proposed or being conducted, and no person shall interfere
with such entry, nor shall any liability be incurred by reason of
said entry.
C.
Violations. Upon determination by the Zoning Enforcement
Officer that there may be a violation of any of the provisions of
this law, he/she may do the following:
(1)
Direct that the act which is in violation or apparent
violation cease immediately and/or direct immediate action to comply
with the license and/or this chapter and any other such laws, codes,
rules and regulations.
(2)
Issue a stop-work order suspending the licensee's
operation for a period up to 30 days.
(3)
Notify the licensee to appear before the Town Board
to explain why the license should not be suspended for a period in
excess of 30 days or terminated.
(4)
Charge the logger and landowner with a violation of
this chapter and direct them to appear before the Town Justice for
violating this chapter. The violator shall be subject to a fine of
not more than $250 or a sentence of not more than 15 days in jail,
or both, for each day it is determined that the violation was in effect.
A.
The Town Board may revoke a commercial timber harvesting
permit and the Zoning Enforcement Officer may revoke a small-scale
timber harvesting permit theretofore issued in the following instances:
(1)
Where it is found that there has been any misleading
or false statement or misrepresentation as to a material fact in the
application, plans or information on which issuance of the permit
was based.
(2)
Where it is found that the permit was issued in error
and should not have been issued in accordance with applicable law.
(3)
Where the permittee fails or refuses to comply with
a written order issued by the Zoning Enforcement Officer within the
time fixed for compliance therewith.
(4)
Where the permittee conducts the timber harvesting
in a manner in which the Town Board or Zoning Enforcement Officer
determines is harmful to the health, safety or welfare of the citizens
of the Town of Shandaken.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, the judgment shall not affect, impair
or invalidate the remainder of this chapter but shall be confined
in its operation to the clause, sentence, paragraph, section or part
of this chapter that shall be directly involved in the controversy
in which said judgment shall have been rendered.
