[HISTORY: Adopted by the Town Board of the Town of Horseheads 5-11-1994.
Amendments noted where applicable.]
The purpose and intent of this chapter is to promote the health and
safety of the residents of the Town of Horseheads by protecting the natural
environment as affected by timber harvesting. The town recognizes that the
timber resource in the town is a renewable resource of a 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 environmental
damage to the land and to adjacent lands, waters and roads. Thus, this chapter
is intended to regulate those harvesting activities that most readily affect
the environment, such as stream crossings and the location of landings, haul
roads and skid trails, particularly to control soil erosion and sediment-laden
runoff, and to encourage the use of professional forest management expertise
in the preparation and evaluation of timber harvests.
A.
Prior to the start of any timber harvesting operation,
the property owner shall register with the town.
B.
Exclusions from registration. The following acts shall
not require registration:
(1)
The clearing of land for rights-of-way for utilities,
except that said clearing shall comply with accepted forest management practices.
(2)
The harvesting of trees by the owner for personal use
of said owner.
(3)
The removal of trees for site preparation for construction
or land development which has been approved by the Town Board or Town Planning
Board.
(4)
The harvesting of Christmas trees.
A.
The following shall be provided to the town:
(2)
The name, address and phone number of the property owners(s).
(3)
The name, address and phone number of the harvester.
(4)
The name, address and phone number of the consultant
forester, if any.
(5)
The number of acres to be harvested, harvesting dates,
type of harvest, stream crossings and other permits required.
(6)
The book and page of deed for property and Tax Map number.
B.
The registration form shall be signed by the property
owner(s) and the harvester.
C.
At the time of registration, the town shall provide the
timber harvesting guidelines of the town, as may have been promulgated by
the Town Board, and the responsibilities of the owner and/or harvester upon
completion of the timber harvesting operation.
D.
Review of the registration by the Town Highway Superintendent
shall be required.
A.
The harvester and/or the property owner shall include
with the registration proof of current liability insurance in the amount of
five hundred thousand dollars ($500,000.) and keep it in force during the
life of the harvesting contract.
B.
The harvester shall include with the registration proof
of worker's compensation and disability coverage.
A.
Within ten (10) days after the receipt of the completed
registration, unless the time is extended by mutual consent, the Code Enforcement
Officer shall review the registration certificate and advise the property
owner that the registration has been accepted for filing and he or she may
proceed with the logging operation.
B.
The Code Enforcement Officer shall review all registrations
and shall submit a copy of the decision to the Town Board. If review by the
Town Board is required under any section herein, the Code Enforcement Officer
shall refer the registration to the Town Board.
C.
The Town Board shall review the registration when:
(1)
The applicant has been cited for a violation of this
section within five (5) years prior to the date of the request for registration.
(2)
A waiver of any of the provisions of this section or
guidelines of operation has been requested, except when the Code Enforcement
Officer determines that the waiver is insignificant.
(3)
When a registrant seeks an interpretation of this chapter.
(4)
The operation of the registrant does not meet the standards
set under the generic determination of environmental significance which may
have been issued by the town.
D.
When the registration has been referred to the Town Board
for decision, the Town Board may require surety for performance in a form
satisfactory to the town by the harvester and/or property owner in the amount
of fifty dollars ($50.) per acre or a minimum of one thousand dollars ($1,000.)
to insure compliance with the provisions of this chapter. The maximum amount
of any such bond shall be five thousand dollars ($5,000.). Upon completion
of harvesting activities and compliance with all provisions of this section,
as certified by a written statement from the Code Enforcement Officer, the
security shall be returned. In the case of noncompliance with this chapter,
the Town Board shall utilize the security or such portion thereof as may be
necessary to ameliorate such noncompliance.
E.
The Town Highway Superintendent may require posting of
any additional bond to protect the town roads in an amount to be established
by the Town Highway Superintendent.
F.
Any bond held hereunder shall be released within ten
(10) working days after the reclamation has been completed, inspected and
approved by the Code Enforcement Officer. Inspection shall be conducted within
ten (10) days of notice that operation is complete.
A.
This chapter shall be enforced by the Code Enforcement
Officer appointed by the Town Board.
B.
Any person registering hereunder or person or persons
authorizing or consenting to such registration shall be deemed to have authorized
the Code Enforcement Officer or his or her designee to enter upon the premises
at any reasonable time for the purpose of inspecting the same. Said Officer
shall be authorized and have the right in the performance of his or her duties
to enter upon any property proposed to be harvested, in the process of being
harvested or in the process of being reclaimed after harvesting to make such
inspections as are necessary to determine satisfactory compliance with the
provisions of this chapter. Such entrance and inspection shall be initiated
at reasonable time upon notice to the harvester and property owner and in
emergencies whenever necessary to protect the public interest. Owners, agents
or harvesters on a property being harvested shall be responsible for allowing
walking access to appropriate parts of the premises within their control to
the Code Enforcement Officer or his inspectors acting in accordance with the
requirements of these provisions.
C.
It shall be the duty of the Code Enforcement Officer
to investigate all complaints made under this chapter and to take appropriate
legal action on all violations of this chapter.
D.
As part of the registration, the applicant shall submit
to personal jurisdiction of all matters of violation under this chapter to
the Town Justice of the Town of Horseheads.
A.
Upon determination by the Code Enforcement Officer that
there has been a violation of any provision of this chapter, he or she shall
serve upon the property owner, the owners' representative or the harvester
a written stop-work order direction that conditions therein specified be brought
into compliance within three (3) working days after the serving of such order.
Work that is in compliance shall be permitted to continue while violations
are brought into compliance.
B.
Where violations cannot reasonably be corrected within
three (3) days and where the violator has demonstrated good faith efforts
to comply, said time period may be extended by the Code Enforcement Officer
for not more than thirty (30) days.
C.
If, after the expiration of such period or any extension
thereof, the conditions are not corrected, the Code Enforcement Officer shall
serve written notice upon the owner and the harvester, suspending the registration
and requiring them to appear before the Town Justice of the town.
D.
The Town Justice may, after a hearing at which the testimony
and witnesses of the Code Enforcement Officer and violator shall be heard,
call for compliance within thirty (30) days. If compliance is not achieved,
a fine of not less than five hundred dollars ($500.) nor more than five thousand
dollars ($5,000.) may be imposed for each violation cited.
Whenever a registration has been suspended or is restricted or suspended,
the town shall, personally or by certified or registered mail, serve notice
upon the harvester, property owner and consulting forester, if any, which
shall state that the registrant may request an appeal hearing before the Town
Board by delivery of a written request therefor to the Town Clerk within seven
(7) days of personal service or ten (10) days after service by certified or
registered mail. A request for hearing shall be signed by the party requesting
the hearing and shall state his or her address, that a hearing is requested
and the facts and law relied upon. The hearing shall be held at the next regularly
scheduled Town Board meeting unless sooner scheduled. If scheduled at a time
other than at the next regularly scheduled Town Board meeting, the town shall
give the appealing party at least five (5) days' written notice of the time
and place of the hearing, but the appealing party may waive the notice provision
by filing a written waiver thereof with the Town Clerk.
The following shall be grounds for suspension, restricting or conditioning
a registration of any harvester, property owner or any person connected or
associated with the registrants as a partner, director, officer, stockholder,
general manager or person who is exercising managerial authority of or in
behalf of the registrant or acting under the authority of such registrant:
A.
Violation of any provisions of this chapter or other
applicable statutes, codes, rules or regulations pertaining to the harvesting
or trees for commercial use, or a violation of any of the restrictions or
conditions placed upon the harvesting operation of the registrant.
B.
Making any false, misleading or fraudulent statement
of a material fact in the registration or any report or record required to
be kept or filed with the town.
C.
Operation of the tree harvesting in a manner so as to
be detrimental to the health, welfare and safety of the public.
Any person aggrieved by any decision of the Code Enforcement Officer
may take an appeal to the Town Board. Any determination by the Town Board
under this chapter may be appealed to the Supreme Court under Article 78 of
the Civil Practice Law and Rules.
