[HISTORY: Adopted by the Town Board of the Town of Clifton Park 9-16-1996
by L.L. No. 7-1996. Amendments noted where applicable.]
The purpose of this chapter is the regulation of logging operations
in order to protect and preserve the environment, to preserve the rights of
residents living near logging operations and to protect the interests of the
taxpayers of the Town of Clifton Park and the County of Saratoga. Trees are
a natural resource and an integral part of the natural landscape of the town.
Trees provide soil erosion control, surface water flow barriers and scenic
beauty. Selective timber harvesting ensures the continued health and viability
of a forest area and its related ecosystems. The removal or harvest of trees
is therefore of prime concern to the people of the Town of Clifton Park and
shall not be permitted, except as provided herein.
As used in this chapter, the following term shall have the meaning indicated:
The cutting of trees six inches or more in diameter at breast height
at a rate of more than 12 trees per acre. This shall not include the cutting
of dead or diseased trees; trees creating a dangerous condition, the cutting
of trees necessary for construction activities as approved by the Building
Inspector or cutting of trees by the landowner for personal use, unless otherwise
prohibited. Cutting as defined herein cannot result in less than 30 square
feet per acre of remaining basal area.
A.
Before any timbering operation may begin, the property owner shall obtain a special use permit from the Planning Board following the procedure contained in § 208-79, Article XIV of Chapter 208 of this Code. If the special use permit is granted, the Town Highway Superintendent shall be notified by the applicant so he can determine whether or not a driveway-opening permit will be required for the particular operation. Before the issuance of a permit, the applicant shall show proof that the logger has liability insurance in the amount of $500,000/$1,000,000, property damage insurance in the amount of $100,000, both in favor of the town and the landowner, and workers' compensation insurance.
B.
This section shall not apply to:
(1)
Work performed on subdivision roads approved by the Planning
Board; or
(2)
Individual lots in which the maximum area affected by
the logging operation is less than one acre in R-1 through R-3 Districts.
However, the Town Highway Superintendent shall be notified by the applicant
before any logging operation begins in any district so that he may determine
whether or not a driveway-opening permit will be required for the particular
operation.
C.
The area to be logged shall first be reviewed by a consulting
forester or state forester to be retained by the applicant to advise the applicant,
in writing, concerning the proposed operation. Said report is to be submitted
to the Planning Board.
D.
The application for a special use permit for timbering
shall include, as a minimum, the following:
(1)
The name and address of the owner of the property to
be harvested.
(2)
The name and address of the logger.
(3)
The total land area involved in logging operations.
(4)
The approximate number of trees to be cut and remaining
basal area after harvesting.
(5)
The range, in inches, of diameter measured at the standard
breast height (4 1/2 feet above ground) of the trees to be cut.
(6)
A plan for restoration of the property and the access
driveway to the road.
(7)
A sketch map to show:
(a)
The location and boundaries of the property.
(b)
DEC classified streams and wetlands.
(c)
Approximate acreage of forest affected by the harvesting
activities and the approximate acreage of wetlands and buffer zones.
(d)
Linear feet of streams affected by any stream crossings.
(e)
The names and addresses of the owners of adjacent properties.
(f)
The access roads into the property and proposed vehicle
routes.
(g)
The area within the property where the logging operation
will be conducted.
(h)
The location of the product loading areas.
(8)
A statement from the landowner that each tree to be removed
has been designated by the forester, with paint or other distinctive means,
at two points so as to be readily visible by the logger. One point shall be
low enough on the tree so as to be visible on the stump after the tree is
removed.
(9)
Copies of any permits from the New York State Department
of Environmental Conservation or other agencies.
(10)
An indication of the method to be used in harvesting
and debris disposal.
B.
The application shall be submitted by the Planning Board
to the Environmental Conservation Commission.
C.
When a special use permit is issued by the Planning Board,
both the landowner and the logger shall be jointly and severally liable for
compliance with each and every aspect of this chapter, notwithstanding any
agreement to the contrary between the landowner and the logger.
A.
Trees falling on adjacent properties as a result of a
logging operation shall immediately be returned to the permittee's property
who shall be responsible for any restoration.
B.
Loading areas, which must be located in the same zone
as the operation, shall be smoothed to remove all ruts and debris. Waste materials
shall be buried or removed to a point out of sight of any road or adjacent
property. A fifty-foot buffer zone shall be required between any logging area
or landing site and any public road or adjacent property.
C.
No logging operations or removal of products shall take
place between the hours of 7:00 p.m. and 8:00 a.m. or any time on Sunday or
legal holidays.
D.
The Building Inspector shall have the authority to order
the suspension of logging operations if, in his opinion, conditions created
by the spring thaw, adverse weather or any other cause make soil erosion likely.
E.
The Town Highway Superintendent shall have the authority
to:
(1)
Order the suspension of logging operations if, in his
opinion, conditions created by the spring thaw, adverse weather or any other
cause make damage to public roads likely.
(2)
Restrict the weight of logging trucks in accordance with
the capabilities or condition of roads, bridges and culverts.
(3)
Require the repair of roads, bridges and culverts damaged
as a result of a logging operation.
F.
All streams shall be crossed in accordance with the provisions
of New York State Environmental Conservation Law, Article 15, and all other
applicable state and federal laws.
G.
There shall be no skidding in any stream channel except
at approved stream crossings.
H.
Haul and skid trails shall be maintained and abandoned
in a manner that will prevent erosion.
I.
The logger shall clean up any debris or deposits of any
kind on public thoroughfares and shall repair or pay the cost of repair of
any damage done to streets, curbs, utility lines and any other property resulting
from the harvesting operation.
J.
The Building Inspector may require that, prior to completion
of the operation, a report be filed with his office by the forester indicating
what measures have been taken in order to restore the property.
K.
The term of this permit shall be for one year. However,
since the operation may be adversely affected or delayed by unusual circumstances
of weather or other occurrences, a one-year extension, after payment of renewal
fee equal to the initial permit fee, may be granted by the Building Inspector.
Any additional extensions shall require application to the Planning Board.
L.
The Planning Board shall have the right to waive any
of the requirements, except the requirement to notify adjacent property owners,
and to add any additional conditions, including restoration of damaged roads,
deemed necessary to protect the health, welfare and safety of the residents
of the Town of Clifton Park.
M.
To ensure compliance by the permittee with the requirements
set forth in this section, a security in the form of a cash bond, letter of
credit or client fund account shall be submitted, the amount of which is to
be determined by the Planning Board. Said security shall be released only
upon the recommendation and site inspection reports filed by the Building
Inspector and the Town Highway Superintendent.
N.
Any logging operation in existence at the time of the
enactment of this chapter may continue without interruption, provided that
application be made within 30 days of said enactment for a special use permit
under the provisions of this chapter and that such permit be granted by the
Planning Board.
The provisions of this chapter shall be enforced by the Building Inspector.
[Amended 5-2-2005 by L.L. No. 4-2005]
Each violation of any of the provisions of this chapter, or each failure
to comply with any condition of a permit issued hereunder, shall, upon conviction,
be punishable by a fine not to exceed $2,000, or by a term of imprisonment
not to exceed 30 days, or by both such fine and imprisonment. Each day during
which such violation or failure exists or continues shall constitute a separate
and distinct offense.
