Town of Fallsburg, NY Article II Permit Requirements

§ 278-6 Plans and specifications.

Each application for a timber harvesting permit shall be accompanied by specifications submitted for review by the Town Engineer and Code Enforcement Officer. The material submitted shall show the following:

A. A location map.

B. Property lines.

C. Land description and names and addresses of owner, logger and owners of adjoining properties.

D. Location of all buildings, structures, roads or existing cut or fill slopes within 30 feet on either side of the property lines.

E. A topographical map, showing the area to be harvested and the location of forest haul roads, skid trails, landings and stream crossings.

F. A description of the proposed harvest operation, including a description of the type of harvesting, i.e., clear-cutting, diameter-limit cutting (in which case, the minimum stump diameter shall be stated), thinning, selective cutting, etc., certified to by a professional forester to be in accordance with normal and accepted forest management practices. The plan submitted shall set forth how the applicant shall comply with the New York State Timber Harvesting Guidelines and how the applicant will control the erosion or sedimentation that may result from the harvesting.

G. The dates between which such harvesting activity will occur.

H. Detailed plans of all drainage devices, walls, dams or other erosion control devices to be constructed in connection with, or as part of, the proposed work.

§ 278-7 Supplemental reports.

Supplemental reports and data (geology, soils, etc.) may be required. Supplemental reports are to be prepared by qualified professionals, as appropriate. Recommendations included in such reports, as approved by the Town, shall be incorporated in the plan.

§ 278-8 Review of application.

A. Initial review. An application will be reviewed by the Code Enforcement Officer for thoroughness of description and to assure compliance with the provisions of this chapter.

B. Referrals. Upon receipt of an application for a permit, the Code Enforcement Officer may, at his option, submit the application to the New York State Department of Environmental Conservation and request a review of the same or to a professional forester selected by the Planning Board. The Planning Board shall also have the right to submit the application to other agencies for an advisory opinion.

C. Decision; time limit. The Code Enforcement Office shall issue either a permit or a notice of rejection of the application within 30 days of receipt of a fully completed application, together with all supplemental reports as may be required by the Code Enforcement Officer. The Board may impose such stipulations on the issuance of the permit as will, in its judgment, ensure compliance with the purposes of this chapter.

D. Responsibility of landowner and logger. When a permit is issued by the Code Enforcement Office, both the landowner and the logger will be jointly and severally liable for compliance with each and every aspect of this chapter, notwithstanding any agreement to the contrary between the landowner and logger.

§ 278-9 Permit limitations and conditions.

A. Generally. The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the approved plan or application for the permit.

B. Jurisdiction of other agencies. Permits issued shall not relieve the permittee of the responsibility for securing required permits for work to be done which is regulated by any other code, department or governing agency.

C. Time limits.

(1) The permittee shall fully perform and complete all of the work authorized by the permit within the time limit specified. If no time limit is specified, the permittee shall complete the work within 180 days after the date of issuance.

(2) If the permittee is unable to complete the work within the specified time, the permittee shall, prior to the expiration date of the permit, present in writing to the Code Enforcement Officer a request for an extension of time, setting forth the reasons for the requested extension. Such extension of time shall be for a maximum of an additional 180 days.

D. Public safety and storm damage precautions.

(1) All persons performing any timber harvesting operations shall put into effect all necessary precautions, such as removing all loose dirt from the site and providing adequate anti-erosion and/or drainage devices, debris basins or other safety devices to protect the life, limb, health and welfare of persons or private and public property from damage of any kind.

(2) In granting a permit, any such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property may be attached by the Town Engineer, Planning Board or Code Enforcement Officer.

(3) If at any stage of the work it is determined that further timber harvesting as authorized will not provide adequate protection, additional safety precautions or revision may be required, as a condition to allowing the work to proceed.

E. Liability. Neither the issuance of a permit, nor the compliance with the provisions hereof or with any conditions imposed in the permit issued hereunder, shall relieve the permittee from the full responsibility for any damage whatsoever to other persons or property, nor impose any liability upon any official, appointee, agent or employee of the Town of Fallsburg for damage to persons or property.

§ 278-10 Denial of permit.

A permit will not be issued in any case where the work as proposed by the applicant will not comply with the requirements contained herein. If it can be shown to the satisfaction of the Code Enforcement Officer that compliance with these requirements can be attained by the construction of protective devices or by other means, the permit may be issued with the condition that such work be performed by such means.

§ 278-11 Compliance with plans and requirements.

A. All permits issued hereunder shall be presumed to include the provision that the permittee, his or her agent, contractors or employees shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all applicable requirements.

B. If existing conditions do not conform to those stated in the permit or on the approved plans, work may be stopped until approval is obtained for a revised work plan which will conform to the existing conditions. All modifications of approved plans must be approved by the Town Engineer in writing.

§ 278-12 Protection of utilities.

During timber-harvesting operations, the permittee shall be responsible for the prevention of damage to public or private utilities or services. This responsibility is not confined to the lands within the limits of the timber-harvesting operations.

§ 278-13 Protection of adjacent property.

The permittee is responsible for the prevention of damage to adjacent property, and no person shall engage in timber harvesting on land sufficiently close to the property line to endanger any adjoining public street, or any adjacent property, supporting and protecting such property from any damage which might result.

§ 278-14 Loading areas.

All loading areas for the loading of harvested timber shall be not less than 50 feet from any public road.