[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.]
A.
Timber harvesting is the cutting, skidding, on-site processing and
logging of trees or logs onto trucks or equipment and transported
off site.
B.
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:
A.
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.
B.
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."
C.
The loading area and loading operation and storing of logs shall
be located at least 30 feet from the traveled way of any highway.
D.
Timber shall not be skidded across any streets/highway nor shall
log skidders cross same as part of the logging operation at any time.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
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.
S.
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.
T.
At the recommendation of the Code Enforcement Officer or the Village
Planning Board, they may require the following:
(1)
Back blade landings and access roads so they are smooth, level and
free of ruts and mud holes;
(2)
Placement of diversion devices to prevent erosion onto Village roads;
(3)
Regrade and clean ditches along the roadside and closing temporary
roads; and
(4)
Where needed, seeding of access roads, landings and ditches.
