The Town Board finds that the environmental, economic, and aesthetic importance of maintaining healthy and productive forest lands requires the periodic commercial harvesting of standing timber. The Board further recognizes the importance that timber harvesting practices be conducted in accordance with professionally developed, sustainable forest management plans, following the guidelines of the New York State Forestry Best Management Practices (BMP) field guide. The Board further recognizes that timber harvesting and land clearing also occurs in connection with and/or as a precursor to the use of land for development purposes, which land development is subject to the use regulations of Chapter 245, Zoning, of this Code, including the regulations of the Town of Hillsdale Ridgeline Overlay District (Local Law No. 6 of 2007).[1]
[HISTORY: Adopted by the Town Board of the Town of Hillsdale 1-15-2008 by L.L. No. 2-2008. Amendments noted where applicable.]
The purpose of this chapter is to require the issuance of a permit by the Town of Hillsdale prior to the commencement of any timber harvesting or land clearing activities in the Town.
It shall be unlawful for any person or entity to engage in logging, timber harvesting, or land clearing activity in the Town of Hillsdale without a permit for the same having been issued in accordance with the provisions of this chapter, or the provisions of Chapter 245, Zoning.
A.
Any person or entity proposing to engage in commercial logging or forestry harvesting operations as part of a sustainable forest management plan within the Town of Hillsdale shall first obtain a permit for the same from the Town Code Enforcement Officer, or such other individual designated for such purpose by the Town Board. Such permit shall be for a twelve-month period and may be extended for an additional six-month period, provided that the operations continue to comply with the provisions of this chapter and the application for the property for which the permit was issued.
B.
The permit application shall be made on an official form entitled "Application for Logging Permit" and shall be accompanied by an application fee in an amount determined from time to time by resolution of the Town Board. The application shall include the following:
(1)
The property owner's name, address, and telephone number.
(2)
The property location, including street address, approximate acreage, and Tax Map parcel identification number.
(3)
A forest management plan prepared by a natural resource professional (qualified forester) which shall include:
(a)
A map of the harvest site.
(b)
The estimated harvest volume.
(c)
A topographic map showing the property and sale area boundaries, haul and a skid-road layout, planned best management practices identified, landings located, and public road access identified.
(d)
Anticipated dates of harvest.
(e)
Silvicultural objectives.
(f)
Copies of any required permits from the New York State Department of Environmental Conservation.
(4)
The plan preparer's qualifications.
(5)
The name, address, and telephone number of the individual or company performing the timber harvest.
(6)
A curb cut permit from the Town Highway Superintendent, Columbia County Director of Public Works, or New York State Department of Transportation.
(7)
A written representation from the property owner that the application for the permit is made for forestry management purposes only, is not made for subdivision and/or development purposes, and that the applicant understands that by reason of the applicant's representation, the Town of Hillsdale will not subsequently approve any application for the subdivision or change of use of the property which is the subject of the logging permit for a period of five years from the date of the permit.
C.
Any person or entity proposing to engage in logging, timber harvesting, or land clearing operations other than for purposes of maintaining a sustainable forest management plan as provided for under Subsections A and B above shall be subject to and shall proceed under the provisions of Chapter 245, Zoning, including the Ridgeline Overlay District Regulations (Local Law No. 6, 2007),[1] and shall obtain all necessary approvals and permits required thereunder prior to commencing timber harvesting and/or land clearing activities.
Nothing contained in this chapter shall be deemed applicable to the harvesting of timber or the clearing of land by individuals or entities actively engaged in existing agricultural operations for the sole purpose of developing agricultural land for crops or the pasturing of animals in an agricultural district. Notwithstanding the foregoing exception, individuals or entities actively engaged in agricultural operations and wishing to harvest timber or clear land within the Ridgeline Overlay District shall file a written representation with the Town that such timber harvesting and/or land clearing is not made for subdivision and/or development purposes, and that the property owner understands that, by reason of the applicant's representation, the Town of Hillsdale will not subsequently approve any application for the subdivision or change of use of the property for a period of five years from the date of such written representation.
A.
All logging/pulp wood loading operations shall be conducted at a loading site off of the Town right-of-way and beyond the established ditch line of public roads. Ditches shall be kept clear of all debris and residue.
B.
Loading or skidding of logs shall not be permitted on Town roads.
C.
During soft ground conditions, the permit holder will use crushed stone, wood chips or any other approved material on access roads to prevent the tracking of excess amounts of mud or other material onto the Town road.
D.
Plans for access off and onto Town roadways must be approved by the Town Highway Superintendent.
E.
Any damage to Town roads shall be repaired by the applicant, at its sole cost, to the satisfaction of the Town Highway Superintendent.
As used in this chapter, the following terms shall have the meanings indicated:
The clearing or removal of topsoil and ground cover, or the cutting of more than 50% of the trees of six-inch diameter, or greater, at breast height from an area of land exceeding three acres in size.
The felling of trees, skidding of timber to a roadside landing, processing timber into logs or bolts, and transporting those materials over roads to a primary processing facility.
A.
The Town Board shall establish by resolution the fee which is to be charged, collected, and received for the granting of each permit required under this chapter. Such fee shall be paid in advance on the submission of the permit application and the failure to submit such payment shall render the application incomplete.
B.
In connection with the permit application, the applicant shall also pay in advance into an escrow fund established by the Town a sum established to cover the anticipated costs for the review of such permit application, including the cost of a consulting forester for the review of the applicant's forestry management plan and for compliance with the New York State Forestry Management Practices Guidelines.
A.
A violation of this chapter shall constitute an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense. Conviction of a second offense, committed within one year of the first offense, is punishable by a fine not less than $350 or more than $700 or by imprisonment for a period not to exceed six months, or both. Conviction of a third subsequent offense committed within a period of five years is punishable by a fine of not less than $700 or more than $1,000 or imprisonment for a period not to exceed six months, or both.
B.
The failure of the holder of a permit issued under § 217-4A and B of this chapter to comply with the provisions such permit, or the provisions of the New York State Forestry best management practices, or the failure to comply with the provisions of the application for the permit which is issued based on the same, shall result in the immediate revocation of the logging permit by the Code Enforcement Officer or other individual designated by the Town Board. Commercial loggers who fail to comply with the requirements of this chapter shall be ineligible for any future logging permits within the Town of Hillsdale, for a period of five years.
C.
In the event of the harvesting of timber within the Town of Hillsdale for other than sustainable forest management purposes without a permit for the same having been issued under the provisions of Chapter 245, Zoning, including the Ridgeline Overlay District Regulations (Local Law No. 6, 2007),[1] no building permit, subdivision approval, or other land use permit shall be issued for such property or to such property owner for a period of five years from the date of discovery of such violation and the issuance of a notice of violation for the same by the Town Code Enforcement Officer.
D.
A person who violates any provision of this chapter shall also be liable to the people of the Town of Hillsdale for a civil penalty not to exceed $1,500 for each violation. In addition, such person shall also be required to undertake and complete all restoration work for the repair of damage to Town roads, damage to adjacent properties, and any land clearing which has been made in accordance with the provisions of this chapter or the provisions of the regulations of the Town of Hillsdale Ridgeline Overlay District (Local Law No. 6, 2007).
E.
In addition to the above, the Town Board shall have the right to seek injunctive and equitable relief to restrain and/or remedy any violation of the provisions of this chapter.
If any section of part of this chapter is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section of this chapter.
This chapter shall take effect immediately.