The purpose and intent of this chapter is to promote the health and
safety of the residents of the Town of Horseheads by protecting the natural
environment as affected by timber harvesting. The town recognizes that the
timber resource in the town is a renewable resource of a significant value
and may be harvested. The town also recognizes that if the timber harvesting
practices are poorly carried out they can result in significant environmental
damage to the land and to adjacent lands, waters and roads. Thus, this chapter
is intended to regulate those harvesting activities that most readily affect
the environment, such as stream crossings and the location of landings, haul
roads and skid trails, particularly to control soil erosion and sediment-laden
runoff, and to encourage the use of professional forest management expertise
in the preparation and evaluation of timber harvests.
Whenever a registration has been suspended or is restricted or suspended,
the town shall, personally or by certified or registered mail, serve notice
upon the harvester, property owner and consulting forester, if any, which
shall state that the registrant may request an appeal hearing before the Town
Board by delivery of a written request therefor to the Town Clerk within seven
(7) days of personal service or ten (10) days after service by certified or
registered mail. A request for hearing shall be signed by the party requesting
the hearing and shall state his or her address, that a hearing is requested
and the facts and law relied upon. The hearing shall be held at the next regularly
scheduled Town Board meeting unless sooner scheduled. If scheduled at a time
other than at the next regularly scheduled Town Board meeting, the town shall
give the appealing party at least five (5) days' written notice of the time
and place of the hearing, but the appealing party may waive the notice provision
by filing a written waiver thereof with the Town Clerk.
The following shall be grounds for suspension, restricting or conditioning
a registration of any harvester, property owner or any person connected or
associated with the registrants as a partner, director, officer, stockholder,
general manager or person who is exercising managerial authority of or in
behalf of the registrant or acting under the authority of such registrant:
A. Violation of any provisions of this chapter or other
applicable statutes, codes, rules or regulations pertaining to the harvesting
or trees for commercial use, or a violation of any of the restrictions or
conditions placed upon the harvesting operation of the registrant.
B. Making any false, misleading or fraudulent statement
of a material fact in the registration or any report or record required to
be kept or filed with the town.
C. Operation of the tree harvesting in a manner so as to
be detrimental to the health, welfare and safety of the public.
Any person aggrieved by any decision of the Code Enforcement Officer
may take an appeal to the Town Board. Any determination by the Town Board
under this chapter may be appealed to the Supreme Court under Article 78 of
the Civil Practice Law and Rules.