The purpose of this chapter is to promote the health and safety of the residents of the Village of Sloatsburg through the protection of the natural environment where affected by timber harvesting. The Village recognizes that the timber resources in the Village are of significant value and may be harvested. The Village also recognizes that if timber harvesting practices are improperly performed, they can result in significant environmental damage to the land as well as to adjacent lands and waters. Thus, this chapter is intended to regulate those harvesting activities that most often result in environmental damage, to require reclamation efforts that will limit subsequent environmental damage, particularly to control soil erosion and sediment-laden runoff, and to utilize professional forest management expertise in the preparation and evaluation of timber harvest planning.
[HISTORY: Adopted by the Board of Trustees of the Village of Sloatsburg 7-16-1997 by L.L. No. 7-1997. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
A method of harvesting where virtually all trees on a site are removed.
A method of harvesting where merchantable trees of a particular diameter or larger are cut.
The enforcement officer as specified by the Village Board, which enforcement officer shall utilize the services of a professional forester as provided herein and may utilize such services as needed.
A constructed road of dirt and/or gravel utilized for moving cut trees from the point where they were loaded on a truck to an exit from the site.
An open or cleared area used for loading logs onto trucks or used for any general purpose, such as for storing logs or for servicing equipment.
The person or persons who will be performing the actual work required to cut and remove the timber from the work site.
Any residue of trees or of the associated cutting left on the site after the harvesting operation, including, but not limited to, undesirable tree trunks, tree tops and litter.
The designated diameter of the stumps of trees to be cut, which diameter of the remaining stumps can be checked after the tree is cut.
Guidelines as published by the New York State Department of Environmental Conservation, and any revision of those guidelines.
A graduate forester from an accredited forestry college who has at least two years of experience in the field of forest management or timber product harvesting.
A method of harvesting where trees to be cut are selected and marketed via some specified criteria before the harvesting begins.
A trail or rough road used to move a tree from the place where it was cut to a pile or landing where it is loaded onto a truck.
A cut pile of wood measuring four by four by eight feet.
A body of running water flowing continuously or intermittently in a channel of natural formation on the surface of the ground.
A selective cutting or deadening of trees in an immature stand of trees for the purpose of upgrading the quality and/or growth of the trees left.
Timber harvest activity that removes trees whose volume, in an year, is greater than 10 standard cords of wood or 800 cubic feet of wood. In addition to normal harvesting activities, the clearing of lands for agricultural or building purposes or utility line rights-of-way which will result in the removal of trees greater than the aforesaid volumes shall specifically be included within this definition.
Small diversion berms, for the purpose of erosion and sediment control, built up across haul roads, skid trails and landings and which are designed to divert stormwater runoff into adjacent vegetated areas and release the runoff in a manner to minimize erosion damage.
It is hereby required that a timber harvesting permit shall be obtained from the Village Board by anyone desiring to remove timber in quantities greater than 10 standard cords of wood or 800 cubic feet of wood in any one year in the Village of Sloatsburg. Such permit shall be applied for jointly by the property owner and the prospective logger.
The contents of the application shall be as follows:
A.
The name and address of the landowner.
B.
The name and address of the logger.
C.
A topographical map, showing the area to be harvested and the location of forest haul roads, skid trails, landings and stream crossings.
D.
A description of the proposed harvest operation, including a description of the type of harvesting, i.e., clear-cutting, diameter-limit cutting (in which case, the minimum stump diameter shall be stated), thinning, selective cutting, etc., certified to by a professional forester to be in accordance with normal and accepted forest management practices. The plan submitted shall set forth how the applicant shall comply with the New York State Timber Harvesting Guidelines and how applicant will control the erosion or sedimentation that may result from the harvesting.
E.
The dates between which such harvesting activity will occur.
F.
A copy of the contract with the logger, and if the same is not available at the time of filing for the permit, the contract must be filed before commencement of the logging operation.
A.
An application will be reviewed by the Village Board and the enforcement officer for thoroughness of description and to assure compliance with the provisions of this chapter.
B.
Upon receipt of an application for a permit, the Village Board may, at its option, submit the application to the New York State Department of Environmental Conservation and request a review of the same or to a professional forester selected by the Village Board. The Village Board shall also have the right to submit the application to the Village Zoning Board of Appeals and Planning Board for an advisory opinion.
C.
The Village Board shall issue either a permit or a notice of rejection of the application within 60 days of its receipt. The Board may impose such stipulations on the issuance of the permit as will, in its judgment, ensure compliance with the purpose of this chapter.
D.
When a permit is issued by the Village Board, both the landowner and the logger will be jointly and severally liable for compliance with each and every aspect of this chapter, not withstanding any agreement to the contrary between the landowner and logger.
All timber harvesting pursuant to this chapter shall comply to the following standards:
A.
No forest haul road or skid trail shall be constructed to exceed a slope of 25% for a distance of more than 200 feet; the applicant shall take appropriate measures to divert running water from the roads at approved intervals in order to minimize erosion.
B.
All streams shall be crossed in accordance with the provisions contained in New York State Environmental Conservation Law, Article 15, on the protection of streams, and Sections 204 and 208 of Public Law 92-500 of the Federal Water Pollution Control Act, as they apply.
C.
There shall be no skidding in any stream channel or intermittent stream channel except at approved stream crossings, structures and all logging slash and debris shall be promptly removed from any stream channel, intermittent stream channel and any other area as requested by the enforcement officer.
D.
Haul roads and skid trails shall be maintained and abandoned in a manner that will prevent erosion.
E.
Except as otherwise provided by the Village Board, buffer strips shall be retained at least 50 feet wide along streams and public roads, and buffer strips shall be retained within 50 feet of any property line. Within such buffer strips, no trees be harvested.
F.
No landings shall be located within buffer strips. Landings shall be properly graded and water-barred to prevent sediment from washing into the drainage ditches along the public road.
G.
Haul roads and skid trails.
(1)
Haul roads and skid trails shall have water bars placed at the following intervals:
Road Grade (percent) | Spacing (feet) |
|---|---|
2 to 5 | 300 to 500 |
6 to 10 | 200 to 300 |
11 to 15 | 100 to 200 |
15 and greater | 100 |
(2)
Haul roads and skid trails shall be smoothed, sloped, ditched and seeded as required with approved perennial grasses. Landings shall be smoothed, seeded and protected with water bars, as needed. At stream crossings, temporary stream culverts and bridges shall be removed, and stream banks shall be restabilized and protected with water bars. All reclamation efforts shall be subject to approval by the enforcement officer to assure compliance with this provision.
H.
The logger shall clean up any debris or deposits of any kind on public thoroughfares and shall repair or pay the cost of repair of any damage done to streets, curbs, utility lines and other property resulting from the logging operation.
I.
Harvesting shall be conducted in a manner consistent with the objectives of the Timber Harvesting Guidelines or this chapter, whichever is stricter.
J.
No processing of felled trees, other than limbing, chipping and cutting to convenient lengths, shall be permitted.
K.
No open burning of brush or felled trees will be permitted.
L.
No harvesting, cutting or removal of products shall take place between the hours of 7:00 p.m. and 7:00 a.m. or at any time on Sundays or legal holidays.
M.
Clear-cutting as a method of harvesting is prohibited unless approved by the enforcement officer as clearly justified by the requirements of sound forest management.
This chapter shall be enforced by the enforcement officer of the Village. Said officer shall be authorized and have the right, in the performance of his duties, to enter upon any property proposed to be harvested, in the process of being harvested or in the process of being reclaimed after harvesting to make such inspections as are necessary to review applications for timber harvesting and to determine satisfactory compliance with the provisions of this chapter. Such entrance and inspection shall be initiated at reasonable times and in emergencies whenever necessary to protect the public interest. Owners, agents or operators on a property being harvested shall be responsible for allowing access to all parts of the premises within their control to the enforcement officer or his inspectors acting in accordance with the requirements of these provisions. It shall be the duty of the enforcement officer to investigate all complaints made under this chapter and to take appropriate legal action on all violations of this chapter.
A.
The owner, general agent, lessee or tenant and logger of land where a violation of any provision of this chapter has been committed or shall exist or the owner, general agent, lessee, tenant or any other person who commits, takes part or assists in any such violation shall be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment not to exceed one year, or both.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Each week's continued violation, after notice thereof shall have been given as herein provided, shall constitute a separate violation. Such notice shall be in writing, signed by the enforcement officer and shall be served upon the person or persons committing such violation either personally or by registered mail addressed to such person or persons at his or their last-known address.
C.
In addition, the Village shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter.
As a part of a the permit requirement procedure as defined in § 359-3, a letter of credit, performance bond or certified check, choice of which shall be at the Village's option, shall be posted with the Village Clerk by the logger in the amount of $125 per acre of land, up to an amount not to exceed $5,000 in order to assure compliance with the provisions of this chapter. The form of said security shall be reviewed and approved by the Village Attorney. Upon completion of such harvesting activities and the compliance with all provisions of this chapter, as certified by a written statement from the enforcement officer and/or Village Engineer attesting to such compliance, such security shall be returned. In the case of noncompliance with this chapter, the Village Board shall utilize such security or such portion thereof as may be necessary to correct such noncompliance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
At the time of the filing of the application for the required permit under this chapter, said application shall be accompanied by a permit application fee in an amount as set from time to time by resolution of the Board of Trustees.
The holder of a permit under this chapter shall also be required to deposit with the Village moneys, in an amount determined by the Village Board, to beheld in escrow by the Village and to be used by the Village to satisfy all claims, if any, for professional services rendered to the Village to assure that the purposes of this chapter and compliance therewith are met.
If any section, paragraph, subdivision or provision of this chapter shall be declared invalid, such invalidity shall apply only to the section, paragraph, subdivision or provision or provision adjudged invalid, and the rest of this chapter shall remain valid and effective.
This chapter shall take effect immediately upon filing in the office of the Secretary of State of the State of New York.