The purpose of this bylaw is to conserve the forest landscape and prevent over-harvesting while protecting sensitive areas and encouraging good forestry practices. This bylaw shall apply to forest harvesting operations within the Town of Sturbridge.
[HISTORY: Adopted by the Town Meeting of the Town of Sturbridge 6-7-2021 ATM by Art. 34. Amendments noted where applicable.]
As used in this bylaw, the following terms shall have the meanings indicated:
A harvesting and regeneration technique that removes all the trees, regardless of size, on an area in one operation. Clear-cutting is most often used with species like aspen or black cherry, which require full sunlight to reproduce and grow well, or to create specific habitat for certain wildlife species. Clear-cutting produces an even-aged forest stand.
A regeneration cut designed to create and perpetuate an uneven-aged forest. Trees may be removed singly or in small groups. A well-designed selection cut removes trees of lesser quality and trees in all diameter classes along with merchantable and mature high-quality sawlog trees. Should be differentiated from "select" or "selective cuts, which often equate to high-grading.
It is strongly recommended that the harvester follow the practices in the latest edition of the Massachusetts Forestry Best Practices Manual.
The Town shall be notified for selective harvesting of forest products on more than four acres of land in any twelve-month period and for clear-cutting on more than two acres of land.
No harvesting operation shall commence unless the landowner has received the Board of Selectmen's written consent (the "certificate of approval"). The landowner shall comply with the terms and conditions set forth herein, except to the extent modified in the certificate of approval.
A.
To obtain a certificate of approval, the applicant must submit the following materials to the office of the Town Administrator:
(1)
Copy of state-certified cutting plan signed by State Forester and copy of overall plot plan.
(2)
Proof of notification to the Sturbridge Conservation Commission.
(4)
Certified list of abutters within 200 feet of the cutting area.
(5)
Proof of landownership and/or a notarized letter from the landowner giving permission to harvest or to gain access to harvesting operations if the operation requires access from property other than that being harvested.
(6)
Copy of Massachusetts state timber harvester's license.
(7)
Reforestation plan for clear-cutting projects.
(8)
Filing fee in an amount set by the Board of Selectmen.
B.
The office of the Town Administrator shall forward the applicant's information to the Board of Selectmen, Department of Public Works and Conservation Department for review and comment.
C.
The Board of Selectmen shall hold a public hearing on each application for a certificate of approval, notice of which hearing shall be published in a local newspaper. The cost of such notice is to be borne by the applicant. The applicant must mail notice of said public hearing by certified mail, return receipt requested, to all parties on the certified abutters list at least seven days prior to the hearing date. The form of said notice shall be provided by the office of the Town Administrator.
The applicant shall appear at the time and date of the scheduled hearing and shall furnish proof of notification to abutters by certified mail. At this time, the applicant may bring dated photographs showing the condition of all access roadways prior to the operation in order to document the condition of said roadways and avoid repair claims post-operation. The Board of Selectmen shall hear comments from any and all interested parties.
A.
The Board of Selectmen has established certain reasonable restrictions and conditions for harvesting permits issued within the Town. They are:
(1)
Harvesting operations shall be allowed Monday through Friday (with no harvesting on recognized Massachusetts legal holidays) from 7:00 a.m. to dusk; and on Saturdays from 8:00 a.m. until 12:00 noon; no Sunday or holiday hours.
(2)
Prior to the commencement of harvesting operations, the applicant shall coordinate transportation with the Town's school bus schedule to avoid conflict between harvesting operations and school bus operations.
(3)
Work shall be performed when the ground is dry, frozen or otherwise stable.
(4)
A road maintenance bond in an amount set by the Board of Selectmen after consultation with the DPW Director shall be submitted to the Town Administrator before work commences to ensure that repairs are made to any Town roads damaged as a result of the subject forestry harvest project, and the Town may additionally require a performance bond to ensure erosion control measures before, during and, for a reasonable period of time, after the proposed operation. Said bond shall be released by the Treasurer upon inspection and a satisfactory finding by the DPW Director.
(5)
A licensed timber harvester is identified prior to commencement.
(6)
The DPW Director and Conservation Agent must be notified before starting work.
B.
In addition, the Selectmen may issue additional restrictions and conditions as deemed necessary by the Board of Selectmen.
Every person or contractor violating any provision of this bylaw shall be punished by a fine of $50. Every violator of any provision of this bylaw shall be guilty of a separate offense for every day such violation shall continue and shall be subject to the penalty imposed by this section for each and every separate offense.