[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.
A completed registration filing which has complied with the provisions
of this chapter.
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.
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.
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.
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:
A.Â
The name, address and telephone number of the property
owner.
B.Â
The name, address and telephone number of the owner's
agent, if any.
C.Â
The name, address and telephone number of the individual
directly supervising or performing the logging.
D.Â
The address and tax map identification number of the
property.
E.Â
The date on which the registration form was filed with
the Code Enforcement Officer.
F.Â
The approximate date on which logging is to commence,
and the date on which logging is expected to be finished.
G.Â
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.
H.Â
The name of the insurance company, the policy number
and policy term for the insurance required hereunder.
I.Â
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.
