[HISTORY: Adopted by the Town Board of the
Town of Southport 9-5-2000 (Res. No. 173-2000) (Ch. 34 of the 1975
Municipal Code). Amendments noted where applicable.]
The Town of Southport encourages the responsible
use of timber as a renewable resource. This chapter applies to timber
harvesting operations within the Town of Southport, and is intended
to protect the landowner, the timber harvester, and the public.
As used in this chapter, the following terms
shall have the meanings indicated:
Refers to a publication produced by the Chemung County Soil
and Conservation District in 1997, or its successor document.
Any timber harvesting operation where all timber larger than
four inches in diameter is harvested.
The official designated by the Town Board to enforce the
provisions of this chapter.
Harvesting for profit or payment.
Any opening of a new road, driveway, or laneway onto a public
roadway.
A compilation of maps and documents demonstrating steps to
be taken to prevent the erosion of soil on and from a property during
and after timber harvesting operations.
Any cutting of trees for timber, lumber, or firewood.
Privately or publicly owned land within the Town of Southport.
Any road or highway which is publicly or privately owned
or maintained and which is accessed and regularly used by the public.
Any stream, creek, river, or other flowing body of water.
Trees cut from the stump for any use.
A.
Unless a stream is crossed or a new curb cut is made,
no permit or registration is required for the following.
(1)
Harvesting of timber or timber products by the owner
or resident of any property for use by that owner or resident; or
(2)
The commercial harvesting and removal from any property
of not more than three ten-wheel or triaxle loads, or not more than
two tractor trailer loads, of timber or timber products per 100 acres
of land per calendar year.
B.
Registration by the owner of any property will be required when the limits of Subsection A of this section are exceeded or anticipated to be exceeded, but not more than eight ten-wheel or triaxle loads, or five tractor trailer loads, are removed per 100 acres of property, or when any property exceeding five acres is "clear cut." Such registration shall be filed with the Code Enforcement Officer.
(1)
Permit fee: a permit fee, as set from time to time
by resolution of the Town Board.
[Amended 7-12-2016 by
ordinance (Res. No. 123-2016)]
(2)
A completed registration document shall contain the
following information:
(a)
Name, address, and phone number of the property
owner.
(b)
Name, address, and phone number of the owner's
agent, if any.
(c)
Name, address, and phone number of the logger.
(d)
Address and Tax Map identification number of
the property to be harvested.
(e)
The date of registration.
(f)
The approximate date that the harvesting is
to commence.
(g)
The approximate date that the harvesting operation
is to be completed.
(h)
The state county, and local roads within the
Town of Southport that are expected to be used to transport harvested
timber from the logging site to market.
(i)
The signature of the property owner and the
date signed.
(j)
The signature of the logger and the date signed.
(3)
The logger shall submit to the Code Enforcement Officer
proof of not less than $500,000 of general aggregate liability insurance.
(4)
A copy of the Chemung County Soil and Water Conservation
District publication "Best Management Practices During Timber Harvesting
Operations" will be given to the property owner with a recommendation
that the Soil and Water Conservation District and the Code Enforcement
Officer be contacted for advice.
(5)
If damage to adjacent property, runoff, or depositing of a significant or measurable amount of mud or debris on any public roadway occurs, the timber harvesting operation shall stop and the requirements of Subsection C of this section shall apply.
(6)
No harvesting of timber pursuant to this subsection
shall commence prior to the filing of a completed registration.
(7)
The property owner or the owner's agent shall notify
the Code Enforcement Officer when the harvesting is complete.
C.
A revocable permit shall be required when the limits of Subsection B of this section are exceeded, or when any property exceeding 10 acres is "clear cut." In addition to the provisions of Subsection B, the following conditions shall apply:
(1)
An erosion control plan shall be developed and filed
with the application for a permit. The erosion control plan will be
reviewed by the Code Enforcement Officer using the "Best Management
Practices" contained within the Chemung County Soil and Water Conservation
District's publication "Best Management Practices During Timber Harvesting
Operations" as a reference.
(2)
The harvesting of timber pursuant to this subsection
shall not commence until the Code Enforcement Officer has approved
the erosion control plan and issued a permit, and may not continue
after a permit has been revoked.
(3)
Any deviation from the erosion control plan, or any
damage to adjacent property, runoff, or depositing of mud or debris
on any public roadway or in a stream shall cause a revocation of the
permit, and will cause all harvesting to stop. The permit may be reissued
by the Code Enforcement Officer after a resolution of the problem
causing the revocation of the permit and the adjudication of any related
enforcement action.
