The purpose of this Article is to promote the
health and safety of the residents of the town by protecting the natural
environment as affected by timber harvesting. The town recognizes
that the timber resource in the town is of significant value and will
be harvested. The town also recognizes that if timber harvesting practices
are poorly carried out, they can result in significant environmental
damage to the land and to adjacent lands and waters. Thus, the following
requirements are intended to regulate those harvesting activities
that most readily render environmental damage, such as stream crossings
and the location of landings, haul roads and skid trails; to require
reclamation efforts that can limit subsequent environmental damage,
particularly to control soil erosion and sediment-laden runoff; and
to utilize professional forest management expertise in the preparation
and evaluation of timber harvest plans.
For the purpose of this Article, the following
terms shall apply:
A measure of lumber 12 inches by 12 inches by one inch.
A method of harvesting where virtually all trees on a site
are removed.
Timber harvest activity that fells trees whose volume in
any year is greater than 20 standard cords of wood or 1,600 cubic
feet of wood or 10,000 board feet of timber as measured by the International
Log Rule. In addition to normal harvesting activities, the clearing
of lands for agricultural or building purposes or utility line rights-of-way
which shall fell trees greater than the aforesaid volumes shall specifically
be included within this definition.
A method of harvesting where merchantable trees of a particular
diameter or larger are cut.
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.
A professionally recognized and accepted methodology for
grading and measuring logs.
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, tree tops and litter.
The designated diameter of the stumps of trees to be cut,
which diameter of the remaining stumps can be checked after the tree
is cut.
A graduate forester from an accredited forestry college who
has at least two years of experience in the field of forest management
or timber product harvesting.
A method of harvesting where trees to be cut are selected
and marked via some specified criteria before the 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.
A cut pile of wood measuring four feet by four feet by eight
feet.
A body of running water flowing continuously or intermittently
in a channel on the surface of the ground.
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 up across roads and landings which catch and
divert runoff into adjacent vegetated areas and release the runoff
in a nonerosive manner.
[Amended 9-22-1988 by L.L. No. 4-1988]
It is hereby required that a timber harvesting
permit be obtained from the Planning Board by anyone desiring to harvest
timber in quantities greater than 50 standard cords of wood or 4,000
cubic feet of timber as measured by the International Log Rule in
any one year in the town. Such permit shall be applied for jointly
by the property owner and the logger. If the owner of the property
on which said timber is located is an active cooperator under the
New York State Cooperative Forest Management Program or the Forest
Practice Act[1] Program or if the property is currently receiving tax
benefits under the provisions of § 480-a of the Real Property
Tax Law, the Planning Board, in its discretion, may waive this permit
requirement provision. However, the town shall enforce all other provisions
of this Article in pertaining to the application procedure.
[1]
Editor's Note: See § 9-0301 of the
Environmental Conservation Law.
All commercial timber harvesting pursuant to
this Article shall comply to the following standards:
A.
No forest haul road or skid trail shall be constructed
to exceed a slope of 25% for a distance of more than 200 feet. The
applicant shall take appropriate measures to divert running water
from the roads at intervals in order to minimize erosion.
B.
Slopes that are designated in yellow on the map adopted
with this chapter may be harvested if a permit is issued but shall
have no haul roads or constructed skid trails located on them. One
haul road may be constructed across a critical slope solely for the
purpose of connecting a noncritical harvestable area to a town road
if no other access is available and upon such conditions as may be
imposed by the Town Board. Random individual tree skidding will be
allowed.
C.
All streams shall be crossed by temporary culverts
or bridges and such crossings shall be made in a direction at a right
angle to the flow of the stream unless, under the provisions of the
Stream Protection Law,[1] a Department of Environmental Conservation permit requires
more stringent measures, which more stringent measures shall be complied
with by the logger and the landowner.
[1]
Editor's Note: See § 15-0501 et
seq. of the Environmental Conservation Law.
D.
There shall be no skidding in any stream channel,
and all logging slash and debris shall be promptly removed from any
stream channel.
E.
The Planning Board may require placement and maintenance
of waterbars to protect streams at such points as landings or other
areas of considerable disturbance.
[Amended 9-22-1988 by L.L. No. 4-1988]
F.
Buffer strips shall be retained at least 50 feet wide
along streams and at least 100 feet wide along pubic roads. Within
such buffer strips, no trees of less than 12 inches' stump diameter
shall be harvested unless the property is in the Cooperative Forest
Management Program and the trees have been marked by a Department
of Environmental Conservation forester. No landings shall be located
within buffer strips abutting streams. Landings located within buffer
strips abutting roads shall be properly graded and waterbarred to
prevent sediment from washing into the drainage ditches along the
public road.
G.
The entrance of haul roads onto town roads shall be
done in compliance with town regulations.
H.
Site reclamation.
(1)
Upon completion of the harvesting activity, reclamation
of the site shall be performed by the applicant. Haul roads shall
have waterbars placed at the following intervals:
|
Road Grade
(percent)
|
Spacing
(feet)
|
|---|---|
|
2 to 5
|
300 to 500
|
|
6 to 10
|
200 to 300
|
|
11 to 15
|
100 to 200
|
|
16 and greater
|
100
|
(2)
Haul roads and skid trails shall be smoothed, sloped,
ditched and seeded with perennial grasses, as needed. Landings shall
be smoothed, seeded and protected with waterbars, as needed. At stream
crossings, temporary stream culverts and bridges shall be removed,
and stream banks shall be restabilized and protected with waterbars.
All reclamation efforts shall be subject to inspection by the town
to assure compliance with this provision.
A.
No commercial timber harvesting shall be undertaken until granted a special permit, as approved by the Planning Board, in accordance with procedures outlined in § 219-74 herein.
B.
An application for a timber harvesting permit shall
include:
(1)
An application fee of $1 per acre.
(2)
A description of the proposed harvesting activity,
including a description of the type of harvesting, i.e., clearcutting,
diameter limit cutting (in which case the minimum stump diameter shall
be designated), thinning or selection cutting.
(3)
The dates between which such harvesting activity will
occur.
(4)
Sufficient information to determine that the proposed
harvesting activity will comply with the standards for harvesting
set forth herein.
[Amended 9-22-1988 by L.L. No. 4-1988]
(5)
A map showing the specific areas to be harvested and
the location of proposed forest haul roads, landings and stream crossings.
The map shall be at a scale of 1:24,000 (such as a United States Geological
Survey Topographic Map, a New York State Department of Transportation
Planimetric Map or Town Tax Map) or any scale of a smaller ratio such
that a larger map is produced.
(6)
A bond or certified check as required herein.
C.
Upon receipt of an application for a timber harvesting
permit, the Planning Board shall, at its option, submit the application
to the Department of Environmental Conservation and request a review
of the application by a Department of Environmental Conservation forester
or to a professional forester selected by the Planning Board for review.
In a case where the timber is being harvested for the purpose of clearing
the land for conversion to agricultural use, building purposes or
for utility line rights-of-way, the Planning Board may, in its discretion,
waive this review requirement.
D.
Performing bond. As a part of the permit requirement procedure as defined in § 219-49, a performance bond or certified check shall be posted with the Town Clerk by the logger in amount of $30 per acre of land up to an amount not to exceed $2,500 in order to assure compliance with the provisions of this Article.
[Amended 9-22-1988 by L.L. No. 4-1988]
