[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 3-26-2012 by L.L. No. 1-2012. Amendments noted where applicable.]
Timber harvesting is the cutting, skidding, on-site processing and logging of trees or logs onto trucks or equipment and transported off site.
Notwithstanding provisions of the foregoing, the removal of fives trees (with a diameter of 12 inches at the height of four feet) within a twelve-month period, shall constitute timber harvesting.
The following requirements shall apply to timber harvesting, logging operations and sawmills:
The owner of the property shall submit a letter or affidavit granting permission to the logger or operator, by name, to cut trees and designating the areas in which they may be cut.
The Code Enforcement Officer shall receive approval, in writing, from the Village Street Department with recommendation as to such matters as specified entrance and exit from the Village streets/public highway to the operations site, with signs posted noting "truck entrance."
The loading area and loading operation and storing of logs shall be located at least 30 feet from the traveled way of any highway.
Timber shall not be skidded across any streets/highway nor shall log skidders cross same as part of the logging operation at any time.
The New York State Department of Environmental Conservation shall approve the crossing of any stream as part of any logging operation, where required by law.
All debris resulting from tree cutting along the highway and at the loading area within 50 feet of the streets/highway shall be cleaned and removed by the applicant.
An off-street parking area for logging equipment and other vehicles shall be located on the logging site at least 30 feet from any adjacent streets/highways.
Logging operations shall occur only within the bounds of the property leased or designated for tree cutting by the owner and shall not occur within 50 feet of any property line. No logging operations shall occur within 20 feet of the bounds of any stream.
A logging operation plan shall be submitted. It shall include, but not be limited to, such information as type, size and location of trees to be cut, periods of operation, and intensity and extent of operations. No area shall be logged or clear-cut without the written approval of the Planning Board.
The adjacent public highway shall be cleaned each and every day, to the satisfaction of the Code Enforcement Officer, of mud and debris left on the highway as a result of the logging operations.
The Code Enforcement Officer shall inspect the logging operation on a frequent basis, and loggers shall be held responsible for any damage to pavement, shoulder, roads or drainage areas connected with adjacent highways being used for logging operations. The Code Enforcement Officer shall have the authority to issue a stop-work order in any case where the Code Enforcement Officer believes that a Village roadway or bridge is in jeopardy from the logging operation.
Because of narrow roads and conflicts with school bus operations, and to avoid unnecessary disruption to the Village of Ellenville residents, loggers may be restricted from transporting logs during certain hours or periods of the day.
Upon completion of the logging operation, damaged slopes and areas will be graded and seeded (if required), and tops of logged trees shall be cut into small sections and left upon the logging site.
By applying for and obtaining a special permit for a logging operation, the logger agrees to indemnify, defend and hold harmless the Village, its officers, employees, agents, or any of them from and against any losses, damages, and drainage problems related to logging, liabilities, expenses, costs (including attorneys' fees) claims, suits, demands, actions, causes of action, proceedings, judgments, assessments, deficiencies and charges on account of physical damage to tangible property and personal injuries, including death, to the Village, its officers, employees or agents and other persons arising from any occurrence caused by negligent or willful acts or omissions of the logger, its employees, agents, contractor or representatives, with regard to the logger's logging operations and transportation of logs.
All loggers operating in the Village of Ellenville adjacent to any Village road shall post financial security in the amount of not less than $10,000, for the purpose of assuring compliance with this chapter and the directions of the Code Enforcement Officer, in such form and in such amounts as determined by resolution of the Village Board of the Village of Ellenville for each logging operation or loading area location. Such security aforesaid shall be in the form of a cash bond, certified check, letter of credit or surety bond in such amounts as determined by the Village Board. An additional sum, to be determined by resolution of the Village Board, shall be deposited with the Village for each additional loading area. The loading area shall consist of not more than 100 linear feet adjacent to one side of a Village highway. The Code Enforcement Officer shall make a written recommendation to the Village Board with respect to the security deposit required in this subsection. The Planning Board shall recommend to the Board of Trustees an amount of security and/or bonding to be paid to or deposited with the Village in respect to possible damage to public improvements or neighboring properties. The Code Enforcement Officer may consult with the Village engineer with respect to said sums, and the logger shall be required to pay for said consultation.
For any logging operation, the logger shall provide the Village Clerk with a certificate of insurance and a policy from a New York State admitted carrier, naming the Village as the co-insured or additional insured on a liability insurance policy providing coverage for not less than $1,000,000 for death or injury to persons and damage to property.
No logging operation shall take place in the Village of Ellenville during those periods as the Village Board shall determine, upon recommendation of its Code Enforcement Officer, based upon existing weather and road conditions.
The Code Enforcement Officer shall, prior to the logger conducting logging operations, determine the carrying load limit of logging trucks and the routes that they shall be permitted to take.
All timber harvesting practices shall comply with proper land/forest management practices and environmental protection as per New York State Department of Environmental Conservation (NYSDEC) Timber Harvesting Guidelines to the greatest extent practicable.
At the recommendation of the Code Enforcement Officer or the Village Planning Board, they may require the following:
Back blade landings and access roads so they are smooth, level and free of ruts and mud holes;
Placement of diversion devices to prevent erosion onto Village roads;
Regrade and clean ditches along the roadside and closing temporary roads; and
Where needed, seeding of access roads, landings and ditches.