It is the intent of this chapter to promote
the welfare of the people of the Town of Shandaken by providing for
regulation of the removal of trees in such a way as to protect and
preserve the environment, roads and quality of the community in general.
Trees are a natural resource and an integral part of the natural landscape
of the Town, providing soil erosion control, surface water flow barriers
and scenic beauty and fostering myriad plant and wildlife species.
Improper timber harvesting practices can result in significant damage
to the forest environment. The removal or harvest of trees is therefore
of prime concern to the people of the Town of Shandaken and shall
not be permitted, except as hereinafter provided.
For the purpose of this chapter, certain words
and terms used herein are defined as follows:
A. General construction of language. All words used in
the present tense include the future tense; all words in the plural
number include the singular number; and all words in the singular
number include the plural number, unless the natural construction
of the wording indicates otherwise. Unless otherwise specified, all
distances shall be measured horizontally. The word "Town" means the
Town of Shandaken; the term "Town Board" means the Councilmen of said
Board and the Supervisor of said Town; the term "Zoning Enforcement
Officer" means the individual designated by the Town to administer
this chapter and shall include the term "Building Inspector;" the
term "Town Clerk" means the Town Clerk of said Town. The word "shall"
is mandatory.
B. Definitions.
CLEAR-CUTTING
A method of harvesting where all or virtually all trees on
a site larger than eight inches in diameter are removed.
COMMERCIAL TIMBER HARVESTING
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 100,000 board feet of timber as
measured by the International 1/4 Inch Log Rule.
HAUL ROAD
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.
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 that warrant special
development consideration and protection. The definition of the two
different resource management areas are as follows:
(1)
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.
SELECTION CUTTING
A method of harvesting where trees to be cut are stated and
marked via some specified criteria before harvesting begins.
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.
SMALL-SCALE TIMBER HARVESTING
Timber harvesting activity that fells standing trees and/or
removes down trees, stems, tops or branches within any twelve-month
period whose volume is less than or equal to 100,000 board feet of
timber as measured by the International 1/4 Inch Log Rule and is not
exclusively for the use of the landowner and his/her immediate family.
STANDARD CORD
A cut pile of wood measuring four feet by four feet by eight
feet.
STREAM
A body of running water flowing most months of the year in
a channel on the surface of the ground, except a body of running water
that the Town Board 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 that the Town Board 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.
WATERBARS
Small humps or diversions for the purpose of erosion and
sediment control built upon or across roads and landings which catch
and divert runoff into adjacent vegetated areas and release the runoff
in a nonerosive manner.
It is hereby required that a timber harvesting permit be obtained by the landowner desiring to conduct commercial or small-scale timber harvesting as defined above on any one parcel or series of contiguous parcels in the same ownership. In the event of small-scale timber harvesting, a permit shall be issued by the Zoning Enforcement Officer if it complies with §
109-7 standards and further subject to the Zoning Officer sending written notice of the proposed timber harvest to the New York State Department of Environmental Conservation (DEC) and the New York City Department of Environmental Protection (DEP). The applicant must secure any additional approvals required by the New York State DEC and/or New York City DEP. The harvesting plan, as approved, must be signed by the logger prior to the commencement of any timber harvesting. A fee of $100 is to be paid by the landowner to obtain the permit. In the case of commercial timber harvesting, the landowner must secure a permit from the Town Board pursuant to §
109-5 et seq.
The application of this chapter shall not be
construed in any way to prohibit or to require a permit for:
A. The clearing of land for rights-of-way for utilities,
except that said clearing shall comply with accepted forest management
practices and shall be approved by a professional forester.
B. The clearing of land for construction of residential
or commercial structures, so long as said clearing does not exceed
five acres.
C. The harvesting of trees for personal use by the landowner
and his/her immediate family, as long as such harvesting does not
exceed 10,000 board feet in any twelve-month period.
The Town Board shall receive the following information
from the landowner before considering a permit for commercial timber
harvesting:
A. Summary. A summary of cutting operations to include:
(1) 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.
(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).
(9) A certificate of insurance and paid receipt insuring
the landowner and naming the Town of Shandaken as an additional insured
in the minimum sum of $500,000 for any claims, damages or causes of
action arising out of injury to persons or property. Said insurance
shall also specifically provide coverage to roadways, bridges and
culverts owned or maintained by the Town. In the event of cancellation
of insurance, any permit issued shall immediately be null and void.
(10)
Bond requirements. A performance bond shall
be posted with the Town Board in an amount and form to be determined
by the Town Board to ensure conformance to the approved plans and
this chapter and to ensure repair of any Town road or Town property
which may be damaged as a result of harvesting operations. The Town
Board shall set a reasonable time limit for such bond, but not to
exceed two years; a bond may be renewed or extended with each permit
renewal. Said bond shall remain in full force and effect until a certificate
of completion has been issued by the Zoning Inspector indicating that
all the provisions of this chapter and conditions of the permit have
been complied with. In lieu of such a bond, the applicant may post
a cash deposit or certified check with the Town Supervisor.
(11)
The application shall be made by the landowner,
or the landowner may designate another individual to make the application
by delivering a duly notarized written statement granting said permission.
(12)
The name, address and telephone number of the
landowner and logger shall be provided.
(13)
The section, block and lot number of the property
and a copy of the landowner's deed shall be provided.
(14)
A completed environmental assessment form, which
shall be considered in the context of State Environmental Quality
Review Act regulations and requirements.
B. Sketch map. A sketch map to show:
(1) The boundaries of the property.
(2) Access roads into the property, to include driveway
approval from the Town Highway Superintendent.
(3) The area within the property where harvesting or improvement
cutting will occur.
(4) The 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 sawtimber need not be marked on
the stump.
D. The foregoing requirements are separate from and in
addition to any other rules or permits which may be required of the
applicant by the County of Ulster, City of New York or State of New
York.
Except for site clearing for residential and commercial construction as provided in §
109-4B above or for utility rights-of-way pursuant to the limitations in §
109-4A above, no clear-cutting shall be permitted on any lands within the Town. Live trees less than eight inches in diameter are not to be cut or removed during a commercial timber harvest or a small-scale timber harvest or harvest for use by the owner's immediate family.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, the judgment shall not affect, impair
or invalidate the remainder of this chapter but shall be confined
in its operation to the clause, sentence, paragraph, section or part
of this chapter that shall be directly involved in the controversy
in which said judgment shall have been rendered.