[HISTORY: Adopted by the Town Board of the
Town of Rochester 8-2-1984 by L.L. No. 6-1984. Amendments noted where
applicable.]
The purpose of this chapter is to protect the
health, safety and welfare of the residents of the Town of Rochester
by providing regulations governing logging operations within said
town so as to protect the roads and highways within the Town of Rochester
and for the purpose of ensuring that such logging operations are conducted
with due regard for environmental concerns.
As used in this chapter, the following terms
shall have the meanings indicated:
That process or processes which result in the felling of
trees for purposes of using the timber therefrom for construction
purposes, firewood and any other uses to which such timber or logs
would ordinarily be subjected. Included in this definition is not
only the process of cutting down trees, but all attendant processes
in making such timber usable for the purpose for which it is intended,
including but not limited to removal of limbs, cutting of logs to
predetermined sizes, on-site splitting of logs and the removal of
logs from property by means of transport by any method, including
what is commonly known as "skidding," motorized or animal-driven means.
Includes an individual, society, club, firm, partnership,
corporation or association of persons, and the singular number shall
include the plural number.
A.
Any person who, after the effective date of this chapter,
shall commence a logging operation in the town shall be required to
obtain a permit for the same. Application for said permit shall be
made on a form approved by the Town Board and shall require the following
information:
(1)
The name and address of the person conducting the
logging operation;
(2)
The Tax Map location of the premises to be logged;
(3)
A letter or affidavit from the record owner of the
property to be logged granting permission to the logger or operator,
by name, to cut trees and designating the area(s) in which they may
be cut.
(4)
The name(s) of the town road(s) to be utilized by
the applicant in removing said logs.
(5)
The anticipated period of time that the parcel of
land designated shall be utilized for the logging operation.
B.
A logging permit shall be issued by the Code Enforcement
Officer upon completion of said application and approval of the same
by said officer and upon receipt of a fee in an amount set by resolution
of the Town Board. Upon approval of the permit application, the Code
Enforcement Officer shall notify the Highway Superintendent of the
issuance of such permit and provide him with a copy thereof.
C.
A separate permit shall be required for each separate
parcel or logging operation by each logging operator.
A.
The Town Highway Superintendent is hereby granted
the power to order the cessation of logging operations within the
Town of Rochester when weather conditions are such that the utilization
of town roads for purposes of a logging operation may result in damages
to said roads or the creation of a hazard to residents utilizing said
town roads.
B.
The Town Highway Superintendent is further empowered
to impose reasonable restrictions as hereinafter set forth when a
logging operation may result in the creation of a hazardous condition
to residents or damage to town roads, regardless of weather conditions.
The Highway Superintendent may require the following of the logging
operator:
(1)
The erection of signs indicating "truck entrance;"
(2)
The installation of temporary culverts and/or planking
at the entrance to a logging operation which abuts a town road; and
(3)
Off-street parking for all vehicles utilizing the
logging operation.
(4)
Such other conditions of operation may be imposed
that, in the judgment of the Highway Superintendent, effectuate the
provisions of this section, including but not limited to the following:
(a)
The loading and storing of logs shall be located
at least 30 feet from the traveled way of any highway;
(b)
Timber shall not be skidded across any highway
nor shall log skidders cross the highway as part of the logging operation
at any time; and
(c)
All debris resulting from tree cutting along
the highway and at the loading area within 50 feet of the highway
shall be cleaned and removed by the applicant.
Town residents who engage in logging activities
as heretofore defined solely for their own personal use and not for
resale to third parties are hereby exempt from the provisions of this
chapter.
A violation of this chapter shall constitute
a violation and shall be punishable by a fine of $1,000 or imprisonment
not to exceed 15 days, or both. Each day a violation continues shall
constitute a separate offense of this chapter.
