[HISTORY: Adopted by the Town Board of the Town of Forestburgh 8-6-2015 by L.L. No. 2-2015. Amendments noted where applicable.]
The purpose and intent of this chapter is to promote the health,
safety and welfare of the residents of the Town of Forestburgh by
protecting Town roads, streets and highways from damage as the result
of timber harvesting. The Town recognizes that the timber resource
in the Town is a renewable resource of significant value and may be
harvested. The Town also recognizes that if the timber harvesting
practices are poorly carried out, they can result in significant damage
to Town roads, streets and highways at substantial cost to residents
and taxpayers of the Town. Thus, this chapter is intended to impose
minimal regulations upon timber harvesting activities in order to
mitigate damage therefrom to Town roads, streets and highways.
A.
Prior to the commencement of any timber harvesting operation, the
property owner and timber harvester shall register with the Town.
B.
Exclusions from registration. The following activities shall not
require registration:
(1)
The clearing of land for rights-of-way for utilities.
(2)
The harvesting of trees by the owner for personal use.
(3)
The harvesting of 10 or less trees for personal sale.
(4)
The removal of trees for site preparation for construction of land
development that has been approved by the Town Code Enforcement Officer
or the Town Planning Board.
(5)
The harvesting of Christmas trees.
A.
The following shall be submitted to the Town Clerk:
(1)
A registration fee in such amount as shall be fixed from time to
time by resolution of the Town Board.
(2)
A registration form containing the following information:
(a)
The name, address and telephone number of the property owner(s).
(b)
The name, address and telephone number of the harvester.
(c)
The deed recording information and Tax Map designation for the
property from which timber is being harvested.
(d)
The number of acres to be harvested, harvesting dates and the
means of ingress to and egress from the property from which timber
is being harvested, including identification of all Town roads, streets
and highways to be utilized in connection with the harvesting.
B.
The registration form shall be signed by the property owner(s) and
the harvester.
C.
The registration form shall be accompanied by proof of general liability
insurance coverage held by the property owner(s) and the harvester
in an amount of not less than $1,000,000, which insurance coverage
must be maintained in full force and effect for the entirety of the
registered timber harvesting activities. The timber harvester shall
also provide proof of workers' compensation insurance coverage
in the statutory limits.
A.
Copies of the registration information received by the Town Clerk
shall be provided to the Code Enforcement Officer and the Town Highway
Superintendent.
B.
Within five days after receipt by the Town Highway Superintendent,
he shall inform the property owner, the timber harvester and the Code
Enforcement Officer as to whether a surety bond shall be required
to secure the Town against damages to its roads, streets and highways
and the amount of any such bond required. The bond shall be in form
and surety acceptable to the Town Attorney.
C.
Within 10 days after receipt of all of the registration information, the surety bond (if required) and fee required pursuant to § 155-3 of this chapter, unless the time is extended by mutual consent, the Code Enforcement Officer shall review the registration information and, if found to be complete and in conformance with the requirements of this chapter, the Code Enforcement Officer shall give written notice to the property owner, the timber harvester and the Town Highway Superintendent that the registration has been accepted for filing and that the timber harvesting operation may proceed.
D.
No bond required hereunder shall be released until the property owner
and timber harvester have notified the Code Enforcement Officer and
Town Highway Superintendent that the timber harvesting operation has
been fully completed and the Town Highway Superintendent has certified,
in writing, to the Code Enforcement Officer that there has been no
damage to any Town road, street or highway from the subject timber
harvesting operations.
A.
Any person who commences or allows commencement of a timber harvesting
operation without first registering and receiving written notice of
acceptance of the registration and authorization to proceed shall
be guilty of a violation of this chapter.
B.
Any person who violates this chapter shall be deemed guilty of an
offense and, upon conviction thereof, shall be fined not exceeding
$500. Each day that a violation shall continue shall constitute a
separate offense.
C.
A lapse, cancellation or termination of any insurance coverage or bond required hereunder shall constitute a violation of this chapter and, in addition to any penalty that may be imposed therefor pursuant to Subsection B above, the property owner and timber harvester may be directed by the Code Enforcement Officer to cease and desist all timber harvesting operations until the Code Enforcement Officer is in receipt of documentation establishing that such insurance and/or bond has been reinstated. Each day that timber harvesting operations continue after issuance of a cease and desist order by the Code Enforcement Officer shall constitute a separate and distinct violation of this chapter, also subject to the penalties provided in Subsection B above.
