[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-27-1985 by L.L. No. 1-1985 (Ch. 35B of the 1977
Code)]
The purpose of this article is to promote the health and safety
of the residents of the Village of Hillburn through the protection
of the natural environment where affected by timber harvesting. The
Village recognizes that the timber resources in the Village are of
significant value and may be harvested. The Village also recognizes
that if timber harvesting practices are improperly performed, they
can result in significant environmental damage to the land as well
as to adjacent lands and waters. Thus, this article is intended to
regulate those harvesting activities that most often result in environmental
damage, to require reclamation efforts that will limit subsequent
environmental damage, particularly to control soil erosion and sediment-laden
runoff, and to utilize professional forest management expertise in
the preparation and evaluation of timber harvest planning.
As used in this article, the following terms shall have the
meanings indicated:
A method of harvesting where virtually all trees on a site
are removed.
A method of harvesting where merchantable trees of a particular
diameter or larger are cut.
The enforcement officer as specified by the Village Board,
which enforcement officer shall utilize the services of a professional
forester as provided herein and may utilize such services as needed.
A constructed road of dirt and/or gravel utilized for moving
cut trees from the point where they were loaded on a truck to an exit
from the site.
An open or cleared area used for loading logs onto trucks
or used for any general purpose, such as for storing logs or for servicing
equipment.
The person or persons who will be performing the actual work
required to cut and remove the timber from the work site.
Any residue of trees or of the associated cutting left on
the site after the harvesting operation, including, but not limited
to, undesirable tree trunks, tree tops and litter.
The designated diameter of the stumps of trees to be cut,
which diameter of the remaining stumps can be checked after the tree
is cut.
Guidelines as published by the New York State Department
of Environmental Conservation, and any revision of those guidelines.
A graduate forester from an accredited forestry college who
has at least two years of experience in the field of forest management
or timber product harvesting.
A method of harvesting where trees to be cut are selected
and marked via some specified criteria before the harvesting begins.
A trail or rough road used to move a tree from the place
where it was cut to a pile or landing where it is loaded onto a truck.
A cut pile of wood measuring four by four by eight feet.
A body of running water flowing continuously or intermittently
in a channel of natural formation on the surface of the ground.
A selective cutting or deadening of trees in an immature
stand of trees for the purpose of upgrading the quality and/or growth
of the trees left.
Timber harvest activity that removes trees whose volume in
any year is greater than 10 standard cords of wood or 800 cubic feet
of wood. In addition to normal harvesting activities, the clearing
of lands for agricultural or building purposes or utility line rights-of-way
which will result in the removal of trees greater than the aforesaid
volumes shall specifically be included within this definition.
Small diversion berms, for the purpose of erosion and sediment
control, built up across haul roads, skid trails and landings and
which are designed to divert stormwater runoff into adjacent vegetated
areas and release the runoff in a manner to minimize erosion damage.
It is hereby required that a timber harvesting permit shall
be obtained from the Village Board by anyone desiring to remove timber
in quantities greater than 10 standard cords of wood or 800 cubic
feet of wood in any one year in the Village of Hillburn. Such permit
shall be applied for jointly by the property owner and the prospective
logger.
A.
The contents of the application shall be as follows:
(1)
The name and address of the landowner.
(2)
The name and address of the logger.
(3)
A topographical map, showing the area to be harvested and the location
of forest haul roads, skid trails, landings and stream crossings.
(4)
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.
(5)
The dates between which such harvesting activity will occur.
(6)
A copy of the contract with the logger, and if the same is not available
at the time of filing for the permit, the contract must be filed before
commencement of the logging operation.
A.
An application will be reviewed by the Village Board and the enforcement
officer for thoroughness of description and to assure compliance with
the provisions of this article.
B.
Upon receipt of an application for a permit, the Village Board may,
at its 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 Village Board. The Village
Board shall also have the right to submit the application to the Village
Zoning Board of Appeals and Planning Board for advisory opinions.
C.
The Village Board shall issue either a permit or a notice of rejection
of the application within 60 days of its receipt. The Board may impose
such stipulations on the issuance of the permit as will, in its judgment,
ensure compliance with the purpose of this article.
D.
When a permit is issued by the Village Board, both the landowner
and the logger will be jointly and severally liable for compliance
with each and every aspect of this article, notwithstanding any agreement
to the contrary between the landowner and logger.
All timber harvesting pursuant to this article shall comply
to the following standards:
A.
No forest haul road or skid trail shall be constructed to exceed
a slope of 25% for a distance of more than 200 feet; the applicant
shall take appropriate measures to divert running water from the roads
at approved intervals in order to minimize erosion.
B.
All streams shall be crossed in accordance with the provisions contained
in New York State Environmental Conservation Law, Article 15, on the
protection of streams, and Sections 204 and 208 of Public Law 92-500
of the Federal Water Pollution Control Act, as they apply.
C.
There shall be no skidding in any stream channel or intermittent
stream channel except at approved stream crossings; structures and
all logging slash and debris shall be promptly removed from any stream
channel, intermittent stream channel and any other area as requested
by the enforcement officer.
D.
Haul roads and skid trails shall be maintained and abandoned in a
manner that will prevent erosion.
E.
Except as otherwise provided by the Village Board, buffer strips
shall be retained at least 50 feet wide along streams and public roads,
and buffer strips shall be retained within 50 feet of any property
line. Within such buffer strips, no trees shall be harvested.
F.
No landings shall be located within buffer strips. Landings shall
be properly graded and water-barred to prevent sediment from washing
into the drainage ditches along the public road.
G.
Haul roads and skid trails.
(1)
Haul roads and skid trails shall have water bars placed at the following
intervals:
|
Road Grade
(percent)
|
Spacing
(feet)
| |
|---|---|---|
|
2 to 5
|
300 to 500
| |
|
6 to 10
|
200 to 300
| |
|
11 to 15
|
100 to 200
| |
|
16 and greater
|
100
|
(2)
Haul roads and skid trails shall be smoothed, sloped, ditched and
seeded as required with approved perennial grasses. Landings shall
be smoothed, seeded and protected with water bars, as needed. At stream
crossings, temporary stream culverts and bridges shall be removed
and stream banks shall be restabilized and protected with water bars.
All reclamation efforts shall be subject to approval by the enforcement
officer to assure compliance with this provision.
H.
The logger shall clean up any debris or deposits of any kind on public
thoroughfares and shall repair or pay the cost of repair of any damage
done to streets, curbs, utility lines and other property resulting
from the logging operation.
I.
Harvesting shall be conducted in a manner consistent with the objectives
of the Timber Harvesting Guidelines or this article, whichever is
stricter.
J.
No processing of felled trees, other than limbing, chipping and cutting
to convenient lengths, shall be permitted.
K.
No open burning of brush or felled trees will be permitted.
L.
No harvesting, cutting or removal of products shall take place between
the hours of 7:00 p.m. and 7:00 a.m. or at any time on Sundays or
legal holidays.
M.
Clear-cutting as a method of harvesting is prohibited unless approved
by the enforcement officer as clearly justified by the requirements
of sound forest management.
This article shall be enforced by the enforcement officer of
the Village. Said officer shall be authorized and have the right,
in the performance of his duties, to enter upon any property proposed
to be harvested, in the process of being harvested or in the process
of being reclaimed after harvesting to make such inspections as are
necessary to review applications for timber harvesting and to determine
satisfactory compliance with the provisions of this article. Such
entrance and inspection shall be initiated at reasonable times and
in emergencies whenever necessary to protect the public interest.
Owners, agents or operators on a property being harvested shall be
responsible for allowing access to all parts of the premises within
their control to the enforcement officer or his inspectors acting
in accordance with the requirements of these provisions. It shall
be the duty of the enforcement officer to investigate all complaints
made under this article and to take appropriate legal action on all
violations of this article.
A.
The owner, general agent, lessee or tenant and logger of land where
a violation of any provision of this article has been committed or
shall exist or the owner, general agent, lessee, tenant or any other
person who commits, takes part or assists in any such violation shall
be guilty of a misdemeanor, punishable by a fine not exceeding $250
per week or imprisonment not to exceed six months, or both.
B.
Each week's continued violation, after notice thereof shall
have been given as herein provided, shall constitute a separate violation.
Such notice shall be in writing, signed by the enforcement officer,
and shall be served upon the person or persons committing such violation
either personally or by registered mail addressed to such person or
persons at his or their last known address.
C.
In addition, the Village shall have such other remedies as are provided
by law to restrain, correct or abate any violation of this article.
As a part of the permit requirement procedure as defined in § 222-3, a performance bond or certified check shall be posted with the Village Clerk by the logger in the amount of $75 per acre of land, up to an amount not to exceed $5,000, in order to assure compliance with the provisions of this article. In lieu of the foregoing requirements, the logger may, subject to the approval of the Village Board, file with the Village Clerk a general undertaking of indemnity in a form to be approved by the Village Board. Upon completion of such harvesting activities and the compliance with all provisions of this article, as certified by a written statement from the enforcement officer attesting to such compliance, such bond shall be returned. In the case of noncompliance with this article, the Village Board shall utilize such bond or such portion thereof as may be necessary to correct such noncompliance.
At the time of the filing of the application for the required
permit under this article, said application shall be accompanied by
a permit application fee as set from time to time by the Village Board
of Trustees.
The holder of a permit under this article shall also be required
to deposit with the Village moneys, in an amount determined by the
Village Board, to be held in escrow by the Village and to be used
by the Village to satisfy all claims, if any, for professional services
rendered to the Village to assure that the purposes of this article
and compliance therewith are met.
[Adopted 5-15-1991 by L.L. No. 3-1991 (Ch. 36A of the 1977
Code)]
This article shall be known and may be cited as the "Shade Tree
Law of the Village of Hillburn."
A.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
and words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory.
B.
BUILDING INSPECTOR
PERSON
PLANNING BOARD
SHADE TREE EASEMENT
SHADE TREE or TREE
VILLAGE
For the purposes of this article, the following terms, phrases, words
and their derivations shall have the meanings given herein:
The Building Inspector of the Village of Hillburn and/or
his agent.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Planning Board of the Village of Hillburn.
A five-foot-wide easement for the benefit of the Village
and for the planting and maintenance of shade trees, adjoining the
right-of-way of the road or roads abutting or through the property.
A tree in a public place, except where otherwise indicated.
Village of Hillburn, County of Rockland, State of New York.
Any person who obtains final subdivision approval from the Planning Board of the Village shall plant shade trees on the property on which such subdivision is located. Such trees are to be planted within five feet of the right-of-way of the road or roads abutting or through said property. One tree shall be planted for every 40 feet of shade tree easement frontage along and within said property unless the Planning Board waived this requirement upon final subdivision approval by operation of § 222-15, which waiver shall be in writing.
The Planning Board may grant a waiver only if there are trees
growing along such rights-of-way or on the abutting property near
the right-of-way line which, in the opinion of the Planning Board,
comply with the intent of this article. The Building Inspector shall
have this authority only if the Planning Board shall not have denied
a waiver request.
A.
New trees are to be provided pursuant to this article and shall be
approved by the Village Engineer or his agent and shall be planted
in accordance with specifications, rules and regulations promulgated
by the office of the Village Engineer; and the Village Engineer is
hereby authorized to promulgate such specifications, rules and regulations.
B.
The sum of $75 for each tree required to be planted by the Planning
Board must be deposited with the Village to guarantee that the trees
planted will survive in good condition for two planting seasons. The
money so deposited will be held in the same account as money paid
in lieu of planting. If the trees are healthy after two planting seasons
following the planting, as determined by the Village Engineer, the
money will be returned less any moneys required to be expended for
maintenance of the trees.
In lieu of planting trees in accordance with this article, a
person may deposit with the Village, in cash or by good certified
check, the sum provided for in the Village's Schedule of Fees,[1] which money shall be held by the Village of Hillburn to
be used for the sole purpose of planting and maintaining shade trees
required by this article. No street, after the effective date of this
article, shall be accepted for dedication until the Village Engineer
shall duly inform the Village that compliance, where necessary, has
been made with the provisions of this article.
[1]
Editor's Note: The current Schedule of Fees is on file
in the Village Clerk's office.
Any person violating any of the terms or provisions of this
article or refusing to comply with the rules, regulations and specifications
of the Planning Board shall, upon conviction, be subject to a fine
not exceeding $100 for each day of violation. Each day a violation
exists shall be considered a separate violation, with a fine assessed
for each violation charged.
