[HISTORY: Adopted by the Town Board of the Town of Naples 8-10-1998 by L.L. No. 2-1998. Amendments noted where applicable.]
This chapter shall hereafter be known as the "Town of Naples Commercial Timber Harvesting Law."
The purpose of this chapter is to promote the general welfare of the residents of the Town of Naples by requiring real property owners who engage in the commercial harvesting of timber and firewood on their land to register those activities.
This chapter is enacted pursuant to the provisions of the Municipal Home Rule Law of the State of New York and any other pertinent provisions of the laws of the State of New York.
The following terms shall have the meanings indicated:
- Any person, corporation, firm, partnership or other entity having written authorization from the owners of real property, which real property is situate either wholly or in part within the geographical limits of the Town of Naples, outside the geographical limits of the Village of Naples, to represent such owner(s) with respect to the registration and permit process required by this chapter.
- APPROVED REGISTRATION
- A completed registration filing which has complied with the provisions of this chapter.
- CODE ENFORCEMENT OFFICER
- The individual empowered by the Town Board to enforce the provisions of this chapter, whether the Town CEO, Town Deputy CEO or other person or entity so empowered.
- FULL CORD
- A volume of wood which, when stacked, contains 128 cubic feet.
- An individual, corporation, firm, partnership or other entity engaged by an owner of real property for the purpose of logging on said property.
- LOGGING (COMMERCIAL TIMBER HARVESTING)
- The business of felling trees for commercial lumber or firewood production other than:
- The filing by a real property owner, or his agent, of the form provided by the town for such purpose, containing all the information required by this chapter, together with the requisite insurance certificates.
- The Town of Naples, Ontario County, State of New York.
- TOWN BOARD
- The Town Board of the Town of Naples.
Prior to any logging on real property within the Town of Naples, the owner of such real property, or the agent of such owner, shall have obtained an approved registration with respect thereto.
Registration of a logging activity is the responsibility of the real property owner, who may appoint an agent for the purpose of completing the registration process.
A registration form shall be accompanied by a registration fee in an amount set from time to time by resolution of the Town Board.
Such registration form shall contain the following information:
The name, address and telephone number of the property owner.
The name, address and telephone number of the owner's agent, if any.
The name, address and telephone number of the individual directly supervising or performing the logging.
The address and tax map identification number of the property.
The date on which the registration form was filed with the Code Enforcement Officer.
The approximate date on which logging is to commence, and the date on which logging is expected to be finished.
The town roads that are expected to be used to transport logs or firewood from the logging site to market, to point of use, or to the town boundary.
The name of the insurance company, the policy number and policy term for the insurance required hereunder.
The signature of the property owner and his agent, if any, and the date on which such registration has been signed.
At such time as the registration is complete, the Code Enforcement Officer shall indicate his approval thereof on the registration form. Such approval shall include the signature of the Code Enforcement Officer and the date such approval is made. The Code Enforcement Officer shall file approved registration forms with the Town Clerk and shall provide a copy thereof to the real property owner or his agent.
No logging operation shall commence for a period of five days from the date of approval of the registration form, in order to allow notification by the Code Enforcement Officer to the Highway Superintendent of the town, the New York State Department of Environmental Conservation, the appropriate Watershed Inspector, Ontario County Soil and Water Conservation District, and such other agencies as the Code Enforcement Officer shall in his sole discretion deem appropriate in the circumstances.
The property owner, or his agent, shall notify the Code Enforcement Officer, in writing, when the logging operation has been finished.
No part of a logging storage, staging or loading area shall be located within the bounds of any public right-of-way.
If, as a result of a registered commercial logging operation, logs or firewood are to be transported on any public road or roads in the town, then the person, corporation, firm, partnership or other entity performing such logging operation shall deliver to the Code Enforcement Officer, as part of the registration, a certificate of insurance, and such certificate shall become part of the registration. Such insurance shall provide for a minimum of $250,000/$500,000 property damage and personal liability insurance coverage naming the Town of Naples as an insured. Such insurance shall further provide specifically for coverage of damage to roadways and culverts, naming the town as beneficiary.
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter.
Any person violating any provision of this chapter shall be guilty of an offense punishable by a fine not to exceed $350 or imprisonment not to exceed 15 days, or both. For the purpose of conferring jurisdiction, violation of this chapter shall be deemed a violation and, for such purposes only, all provisions of law relating to violations shall apply to such offenses, except with respect to the level of fine, which is established by this chapter.
Upon written notification by the Code Enforcement Officer to the property owner or his agent of violation of this chapter, logging operations shall be immediately suspended and shall not resume until such violation has been corrected and such corrections have been approved by the Code Enforcement Officer.
In addition to, or as an alternative to, the above provided penalties, the town may also maintain an action in the name of the town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction, any violation of this chapter.