[HISTORY: Adopted by the Town Board of the
Town of Mamakating 5-2-1985 by L.L. No. 3-1985; amended in its entirety 12-17-2019 by L.L. No. 7-2019. Subsequent amendments noted where applicable.]
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:
A measure of lumber 12 inches by one inch by 12 inches.
A method of harvesting where all trees two inches and over
on a site are removed.
Any activity that removes the vegetative surface cover.
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.
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.
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.
Excavation, fill, or movement of material, including the
resulting conditions thereof, including surface or subsurface conditions
of land, lakes, ponds or watercourses.
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.
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, treetops and litter.
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.
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.
Environmentally unique or sensitive areas which warrant special
development consideration and protection. The definitions of the two
different resource management areas are as follows:
STREAM CORRIDOR AREASThe area as mapped in the Zoning Law[1] on each side of a stream or shore necessary to protect
the banks and maintain or improve water quality: remove tops from
streambed.
CRITICAL SLOPESSlopes which show signs of severe erosion or creep.
A method of harvesting where trees to be cut are selected
and marked via some specified criteria before harvesting begins.
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.
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.
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 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.
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.
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.
A.
It is hereby required that a timber harvesting permit be obtained from the Town by the landowner desiring to conduct a commercial timber harvesting operation, as defined in § 181-2, in the Town of Mamakating on any one parcel or series of contiguous parcels in the same ownership. The application must be accompanied by a harvesting plan, and this plan, as approved, must be signed by the logger prior to the commencement of any timber harvesting.
B.
A fee is required for a permit as set forth in the fee schedule of
the Town of Mamakating, as shall be set by the Town of Mamakating
Town Board by resolution, and must be paid by the landowner when the
completed application and required supporting documentation are provided
to the Code Enforcement Officer/Building Department.
C.
The application for the permit shall be completed in full and submitted
to the Code Enforcement Officer, who shall forward a copy of the completed
application, along with all supporting documentation, to a professional
forester working on behalf of the Town (Town Forester) for a full
review and advice. If, after full review of the application and supporting
documentation, the Code Enforcement Officer, after receiving confirmation
from the Town Forester, determines that the application is complete
and complies with applicable codes and laws, the Code Enforcement
Officer/Building Department shall issue the permit. Said permit shall
be subject to whatever requisites the Code Enforcement Officer shall
determine are necessary as hereinbelow stated. At the discretion of
the Code Enforcement Officer, after consultation with and review from
the Town Forester, the application may be referred to the Town Engineer
and/or the Planning Board for their review. In such a case the Code
Enforcement Officer may request the applicant to establish an escrow,
in an amount to be determined, to pay any fee that may be incurred
by the Town by its consultants during the review of the application.
A.
None of the following activities shall be commenced until a permit
has been issued under the provisions of this chapter:
(1)
Commercial timber harvesting proposed on property that is enrolled
in the NYSDEC Forest Tax Law Program (480a) which takes access from
a Town road must submit documentation of such enrollment and of approval
of the proposed harvesting plan to the Code Enforcement Officer. These
applications shall require only the review of the Town Highway Superintendent
and the posting of a maintenance bond in the amount determined by
the Highway Superintendent prior to issuance of a permit. Properties
that take access from county- or state-owned roads shall demonstrate
approvals for the proposed activities from the appropriate agency
prior to issuance of a permit. No further review from the Code Enforcement
Officer or a professional forester on behalf of the Town (Town Forester)
is required.
(2)
Commercial timber harvesting proposed on property that is not enrolled in the NYSDEC Forest Tax Law Program (480a) which takes access from a Town road must submit documentation described in § 185-5 to the Code Enforcement Officer. These applications shall require the review of a professional forester on behalf of the Town (Town Forester) and the Town Highway Superintendent and the posting of a maintenance bond in the amount determined by the Highway Superintendent prior to issuance of a permit. Properties that take access from county- or state-owned roads shall demonstrate approvals for the proposed activities from the appropriate agency prior to issuance of a permit. The Code Enforcement Officer, upon advice of the professional forester (Town Forester) shall determine if the application qualifies as a silvicultural activity that is exempt from Chapter 117, Clearing, Filling, Grading and Erosion and Sediment Control, as defined in § 181-2, and complies with the requirements of this chapter. Upon satisfactory review of the information described in § 181-4A(3), the Code Enforcement Officer shall issue a permit.
(3)
Commercial timber harvesting proposed on property that is not enrolled in the NYSDEC Forest Tax Law Program (480a) and which a professional forester on behalf of the Town (Town Forester) has determined as a silvicultural activity that is regulated by Chapter 117, Clearing, Filling, Grading and Erosion and Sediment Control, as defined in § 181-2, or does not qualify as silviculture activity shall be referred to the Planning Board for review.
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
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.
A.
Clearing which will affect more than one acre of ground surface within two calendar years within any individual parcel or any one subdivision shall obtain a clearing, filling and grading permit per § 117-4A(6) prior to commencing any activity associated with such clearing.
A.
Conservation practices. The proposed operation shall not adversely
affect drainage or possible growth of vegetation, nor shall it contribute
to soil erosion by water or wind.
B.
Adjacent property. Trees falling on adjacent properties as a result
of an improvement operation shall immediately be returned to the permittee's
property; no trees shall be cut within 25 feet of any property line.
C.
Management practices. Loading areas shall be smoothed to remove all
ruts and debris. Waste materials shall be buried or removed to a point
out of sight of any public road.
D.
Hours of operation. No harvesting, cutting or sawmill operations
or removal of products shall take place between the hours of 7:00
p.m. and 7:00 a.m. or at any time on Sundays or legal holidays.
E.
Expiration and extensions. The term of this permit shall be for one
year. However, since forest stand improvement operations may be adversely
affected or delayed by unusual circumstances of weather or other occurrences,
an extension of one year shall be available when requested by the
landowner.
F.
Standards. The Town Planning Board shall recommend that the following
standards be invoked, where necessary:
(1)
Top lopping or removal of debris within 50 feet of any Town road
or leaving an uncut screen along such roads.
(2)
Construction of water bars to prevent or reduce erosion.
(3)
To ensure compliance of the permittee with the standards of this
chapter, a performance bond (in a suitable amount) may be required.
G.
Additional requisites. The Town Enforcement Officer, with the advice of the Town Forester on approved forestry practices, may make additional rules regarding the periods of operation, size of trees cut, incidental earthmoving, access roads and prevention of forest fires. If any operations associated with the timber harvest application involve clearing or grading, as defined herein, that exceeds the thresholds established in § 117-4 of Town Code, the applicant must also obtain a grading permit.
A.
It shall be the duty of the Town and/or Town Forester and/or the
Town Enforcement Officer to investigate all complaints made under
this chapter and to take appropriate legal action on all violations
of this chapter.
B.
Upon determination by said Forester and/or Enforcement Officer that
there may be a violation of any of the provisions of this chapter,
he may do the following:
(1)
Direct that the act which is in violation or apparent violation cease
immediately and/or direct immediate action to comply with the license
permit and/or this chapter and any other such laws, codes, rules and
regulations.
(2)
Issue a stop-work order suspending the license permittee's operation
for a period of up to 15 days.
(3)
Notify the license permittee to appear before the Planning Board,
etc.
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.
A.
When an applicant applies pursuant to the provisions of this chapter
for a permit, the Licensing Board may require, in its discretion,
surety for performance in a form satisfactory to it by the logger
in an amount not to exceed $25,000 in order to assure compliance with
the provisions of this chapter.
B.
Upon completion of such harvesting activities and the compliance
with all the provisions of this chapter, as certified by a written
statement from the Town Enforcement Officer attesting to such compliance,
said security shall be returned. In the case of noncompliance with
this chapter, the Town Enforcement Officer shall utilize said security
or such portion thereof as may be necessary to ameliorate such noncompliance,
upon notice to the logger.
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.
