[HISTORY: Adopted by the Town Board of the Town of Richmond 12-11-2007 by L.L. No.
2-2007. Amendments noted where applicable.]
The purpose of this chapter is to promote the health, safety
and welfare of the residents of the Town of Richmond by protecting
the natural environment as affected by timber harvesting. The Town
of Richmond recognizes that timber resources are of significant value
and will be harvested. The Town of Richmond also recognizes that when
timber harvesting practices are carried out poorly, direct and significant
environmental damage can occur to the property, as well as to adjacent
lands and waters. This chapter requires an applicant to be responsible
for implementing best management practices as outlined below. Best
management practices will mitigate the potential for environmental
damage, particularly from soil erosion and sediment-laden runoff.
Therefore, the following requirements are intended to regulate those
harvesting activities that are most likely to cause environmental
damage, such as stream crossings, location of landings, haul roads
and skid trails and reclamation efforts.
As used in this chapter, the following terms shall have the
meanings indicated:
The landowner(s) of the property upon which harvesting activities
occur along with any agent representing such property owner(s).
Devices and procedures to be considered and utilized as necessary
to protect the values and functions of forested land during harvesting
and other forest management operations. The New York State Department
of Environmental Conservation Timber Harvesting Guidelines and New
York State Forestry Best Management Practices for Water Quality BMP
Field Guide are referenced examples of the appropriate best management
practices for timber harvesting. Any revised or future editions approved
by New York State will be considered the then-current standards.
A measure of lumber of 12 inches by 12 inches by one inch.
A stream protected under Article 15 of the Environmental
Conservation Law. A permit is required from the NYSDEC for any work
disturbing a classified stream's bed or banks.
The official designated by the Town Board to enforce the
provisions of this chapter.
An open or cleared area used for loading logs onto trucks
or used for any purpose such as storing logs or servicing equipment.
Cut wood stacked measuring four feet in height and four feet
in width and eight feet in length.
A.
A timber harvesting permit, to be issued by the Town Code Enforcement
Officer, shall be required before any timber harvesting operation
is conducted within the Town. Timber harvesting carried out during
any 12 consecutive months to remove more than 10,000 board feet or
25 standard cords, or such equivalents, shall require a permit and
be subject to review. Such review shall require a written statement
from a Department of Environmental Conservation (DEC) Forester or
Department of Environmental Conservation Recognized Cooperating Consulting
Forester or New York State Master Forest Owner.
B.
Such written statement shall contain:
(1)
The size of the property affected and the size of the project within
that parcel.
(2)
How the material is to be removed.
(3)
The season of the year, and duration, the activities will be confined
to.
(4)
Restrictions to activities based upon weather and ground conditions.
(5)
How streams and watercourses are to be crossed.
(6)
How any potential erosion is to be mitigated.
(7)
Public and private roads to be used in connection with the harvesting
operation.
(8)
Proof that proper permits have been granted as to any classified
streams.
(9)
Locations of all landings.
C.
Notice. Notification of commencement of timer harvesting operations
is required as follows:
(1)
At least 10 days prior to the commencement of timber harvesting,
written notice shall be provided to the Town. This notice shall be
provided on permit applications available from the Richmond Code Enforcement
Officer and shall include, at a minimum, the following items:
(a)
Expected dates for the timber harvesting operations.
(b)
Public roads being used within the Town to travel to and from the timber harvesting operation. NOTE: § 302 of Article XI, Miscellaneous Provisions, of Chapter 25 of the State Highway Law reads: "Whoever shall injure any highway or bridge maintained at public expense, by obstructing or diverting any creek, watercourse or sluice, or by dragging logs or timber on its surface, or by drawing or propelling over the same a load of such weight as to injure or destroy the culverts or bridges along the same, or of such weight that will destroy, break or injure the surface to any improved state highway, county road, or town highway or by any other act, or shall injure, deface or destroy any milestone or guidepost erected on any highway, shall for every such offense forfeit treble damages."
(c)
If exempt from review under this chapter, the reasons for that
exemption.
(2)
Notification of a timber harvesting project shall be made by publication
in the official newspaper of the Town at least five days prior to
the start of operation.
(3)
The applicant shall place one poster on the property for which a
timber harvest permit is requested. Said poster shall be two feet
high by two feet wide and be placed in a location which is easily
read from a public street. If the property affected by the application
does not front on a public street, then said poster shall be placed
on the property in a location visible from the private street to those
passing by, and, in addition, a location at the closest public street
to the parcel affected which is easily read from the public street.
The provisions for regulating timber harvesting shall not apply
to the cutting and storage of timber which is offered for sale as
firewood on the same property if all operations are carried out by
the owner of the property and as long as the operation does not provide
a threat to the health and safety of the adjacent property owners.
A permit application fee shall be paid in an amount deemed reasonable by the Town Board and set by resolution of the Town Board. Chapter 27, Reimbursement of Fees, provides the Town the authority to recoup and be reimbursed for its administrative and out-of-pocket costs and expenses incurred in the processing of municipal applications. The Town Code Enforcement Officer shall be authorized to hire a professional forester (as described in § 175-3A) to provide consultant services regarding any timber harvesting application. The applicant shall be responsible for these costs and expenses.
This chapter shall be enforced by the Code Enforcement Officer
appointed by the Town Board. Pursuant to § 150.20 of the
Criminal Procedure Law and in accordance with § 10(4)(a)
of the Municipal Home Rule Law, the Code Enforcement Officer of the
Town is hereby authorized to issue and serve appearance tickets in
respect to any violation of this chapter. Any person violating any
provision of this chapter shall be guilty of a offense punishable
by a fine not to exceed $300 or imprisonment for a period not to exceed
15 days, or both.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, safety and general welfare. This chapter
hereby repeals all other ordinances or local laws of the Town of Richmond
in conflict with the provisions of this chapter and are hereby superseded
or repealed to the extent necessary to give this chapter force and
effect during its effective period.
