The purpose of this chapter is to promote the health and safety
of the residents of the Town of Mamakating by protecting the natural
environment as affected by timber harvesting. The Town recognizes
that the timber resource is of significant value to the landowner
and society in general and, like any crop, can be harvested. The Town
also recognizes that if timber harvesting practices are improperly
carried out, they can result in significant damage to the forest environment,
as well as to adjacent lands and waters. This chapter is intended
to regulate those harvesting activities that can cause environmental
damage, such as stream crossing, the location of landings, haul roads
and skid trails; to require reclamation efforts that can limit subsequent
environmental damage, such as soil erosion and sediment-laden runoff;
and to utilize professional forest management expertise in the preparation
and evaluation of timber harvest planning.
For the purpose of this chapter, the following definitions shall
apply:
BOARD FOOT
A measure of lumber 12 inches by one inch by 12 inches.
CLEAR-CUTTING
A method of harvesting where all trees two inches and over
on a site are removed.
CLEARING
Any activity that removes the vegetative surface cover.
CODE ENFORCEMENT OFFICER
The Building Inspector and, if applicable, the Deputy Building
Inspector of the Town, which enforcement officers may utilize the
services of a professional forester as needed.
COMMERCIAL TIMBER HARVESTING
A timber harvesting activity that fells standing trees and/or
removes downed trees, stems, tops or branches within any twelve-month
period whose volume is greater than 20 standard cords of wood or 2,560
cubic feet of wood or 10,000 board feet of timber, as measured by
the International One-Fourth-Inch Lag Rule.
CULL
A tree or log of marketable size that is useless for all
but firewood or pulpwood because of crookedness, rot, injuries, or
damage from disease or insects.
GRADING
Excavation, fill, or movement of material, including the
resulting conditions thereof, including surface or subsurface conditions
of land, lakes, ponds or watercourses.
HAUL ROAD
A constructed road of dirt and/or gravel utilized for moving
cut trees from the point where they were loaded onto a truck to an
exit from the site.
LANDING
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.
LOGGING SLASH AND DEBRIS
Any residue of trees or of the associated cutting left on
the site after harvesting operation, including but not limited to
undesirable tree trunks, treetops and litter.
MINIMUM STUMP DIAMETER
The designated diameter of the stumps of trees to be cut,
measured at a point 12 inches above the high ground level, which diameter
of the remaining stumps can be checked after the tree is cut.
PROFESSIONAL FORESTER
A graduate forester from a Society of American Foresters'
accredited forestry curriculum who has at least two years of experience
in the field of forest management or timber product harvesting.
RESOURCE MANAGEMENT AREAS
Environmentally unique or sensitive areas which warrant special
development consideration and protection. The definitions of the two
different resource management areas are as follows:
A.
STREAM CORRIDOR AREASThe area as mapped in the Zoning Law on each side of a stream or shore necessary to protect
the banks and maintain or improve water quality: remove tops from
streambed.
SELECTION CUTTING
A method of harvesting where trees to be cut are selected
and marked via some specified criteria before harvesting begins.
SILVICULTURAL ACTIVITY (exempt from Chapter 117, Clearing, Filling, Grading and Erosion and Sediment Control)
Activities related to the dedicated and cyclic use of land
for the periodic production of timber that have limited potential
to cause soil disturbance, including tree nursery operations, reforestation
and subsequent cultural treatment, thinning, prescribed burning, pest
and fire control.
SILVICULTURAL ACTIVITY (regulated by Chapter 117, Clearing, Filling, Grading and Erosion and Sediment Control)
Activities related to the dedicated and cyclic use of land
for the periodic production of timber that have the potential to cause
soil disturbance, including harvesting operations such as felling,
skidding, and clear-cutting; surface drainage; harvest-related road
construction and maintenance; site preparation for forest regeneration;
or the processing, sorting, or storing of harvested timber which has
been transported from one or more active harvesting sites. Tree removal
in preparation for development or other conversion to a nonforestry
use is not silviculture.
SKID TRAIL
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.
STANDARD CORD
A cut pile of wood measuring four feet by four feet by eight
feet.
STREAM
A body of running water flowing continuously in a channel
on the surface of the ground, except a body of running water which
the Town Board or the Town Enforcement Officer determines to be too
insignificant in size to justify such classification.
STREAM, INTERMITTENT
A channel on the surface of the ground in which water flows
intermittently, except a channel which the Town Board or the Town
Enforcement Officer determines to be too insignificant in size to
justify such classification.
THINNING
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.
WATER BARS
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.
The following information shall be submitted with any permit
application:
A. Summary. A summary of cutting operations, to include:
(1) The total land area involved in cutting operations;
(2) The number of trees of each species to be cut;
(3) The range, in inches of diameter, of trees to be cut;
(4) The total board-foot volume for each species to be cut;
(5) The total volume to be removed from the cutting area;
(6) The average number of trees per acre to be removed;
(7) The average number of board feet per acre to be cut; and
(8) For harvesting of products such as Christmas trees, fence posts, pilings and firewood, the units to be removed per acre and the total units for the area to be removed shall be shown in lieu of information required in Subsection
A(2),
(4),
(5) and
(7).
B. Sketch map. A sketch map to show:
(2) Access roads into property, to include driveway approval from the
Town Highway Superintendent;
(3) Area within the property where harvesting or improvement cutting
will occur; and
(4) Location of product loading areas.
C. Landowner's statement. A statement from the landowner that each
tree to be removed has been designated by a professional forester,
with paint or other distinctive means, at two points so as to be readily
visible by the buyer. One point shall be low enough on the tree so
as to be visible on the stump after the tree is removed. Trees being
removed for other than saw timber need not be marked on the stump.
It shall be grounds for suspending, restricting, conditioning
or terminating a permit or denying an application for a permit that
any permittee, his agent or employee or any person connected or associated
with the permittee as a partner, director, officer, stockholder, general
manager or person who is exercising managerial authority of or in
behalf of the permittee or acting under the authority of such permittee:
A. Violated any provisions of this chapter or any other applicable statutes,
codes, rules or regulations pertaining to the harvesting of trees
for commercial use or violated any of the provisions of the permit
issued to the applicant.
B. Made any false, misleading or fraudulent statement of a material
fact in the application for a permit or any report or record required
to be kept or filed with the Town of Mamakating.
C. Operates the tree harvesting in a manner so as to be detrimental
to the health, welfare, safety and comfort of the residents of the
Town of Mamakating.
Town officials, in performance of their official duties, shall
be authorized to enter upon the property for purposes of reviewing
an application and to determine compliance with the application as
approved. Such entrance and inspection shall be initiated at reasonable
times and in emergencies whenever necessary to protect the public
interest. Owners, agents or operators on a property being harvested
shall be responsible for allowing access to all parts of the premises.