[HISTORY: Adopted by the Town Board of the Town of Saratoga
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-2017 by L.L.
No. 4-2017]
The purpose of this article is to properly preserve forested land in the Town of Saratoga. Forested land is an important natural resource and an integral part of the scenic beauty and healthy ecosystem of the Town. Forested land provides soil erosion controls and surface water flow barriers. Accordingly, the clear cutting of forested land is of concern to the people of the Town. The provisions of this article are intended to supplement the erosion and sediment controls for land development set forth in § 400-8.12 of the Town Code.
As used in this article, the following terms shall have the
meanings indicated:
A parcel of land of greater than two acres in which substantially
all trees are removed in a single operation or a series of related
operations.
[Amended 6-12-2017 by L.L. No. 5-2017]
[Amended 6-12-2017 by L.L. No. 5-2017]
Before any clear cutting of trees may begin, the property owner
shall apply for and obtain a special permit from the Town of Saratoga
Planning Board. The applicant and the Board shall follow the procedures
for special permits set forth in Article VIII of the Zoning Ordinance.[1] Approval shall be consistent with the purposes of this section, and with the provisions of § 400-8.12 of the Town Code. Approval shall also be subject to all regulations of NYSDEC involving streams, wetlands, and protected species.
The following uses and activities shall be exempt from this
article:
A.
Clear cutting in connection with an ongoing bona fide "farm operation"
as that term is defined in Section 301(11) of the New York State Agriculture
and Markets Law. However, such clear cutting shall still require a
written application to the Code Enforcement Officer and the issuance
of a permit consistent with the provisions of this article and NYSDEC
regulations. Such application shall be made by the property owner,
and (if applicable) the lessee of the property. The fee for such application
is $25.00.
B.
Clear cutting as part of work performed on a development subdivision
previously approved by the Planning Board.
[Amended 6-12-2017 by L.L. No. 5-2017]
Any person, firm or corporation who or which violates this article
shall be guilty of a misdemeanor, and upon conviction may be penalized
by a fine of not less than $2,000, nor more than $25,000, or alternatively,
a higher amount not exceeding double any gain realized from the commission
of the violation, or by a term of imprisonment not to exceed one year,
or both. In addition, the Town Board may also maintain an action in
the name of the Town in a court of competent jurisdiction to compel
compliance with or to restrain by injunction such violation, to compel
arboreal restoration of the affected forested land, and to impose
a civil penalty in an amount equal to $2,000 for each tree removed.
