[Adopted 6-9-2003 by L.L. No. 3-2003]
The purpose of this article is to promote the
general welfare of the residents of the Town of Marlborough by protecting
the natural environment and public safety as may be affected by timber
harvesting. The Town recognizes that the timber resource is of value
to the landowner and may be harvested in appropriate circumstances.
The Town also recognizes that if timber harvesting practices are improperly
carried out, they can result in significant damage to the forest environment
and to neighboring lands and waters. This article is intended to regulate
timber harvesting, require land reclamation and utilize professional
forest management expertise in the preparation and evaluation of timber
harvest planning and work.
No timber harvesting shall be permitted unless the landowner has first obtained a site plan approval from the Town of Marlborough Planning Board, under §
155-31 of the Code of the Town of Marlborough. “Timber harvesting” is defined as the cutting of trees having a twelve-inch or greater diameter measured four feet above the ground within an area larger than two acres during a single twelve-month period.
This article shall not be construed to prohibit
timber harvesting or to require a timber harvesting site plan for:
A. Clearing of land for rights-of-way for approved public
utilities, except that said clearing shall comply with accepted forest
management practices.
B. Harvesting of trees by the landowner for his or her
personal and noncommercial use.
C. Removal of trees to the extent required or necessary
for site preparation for construction or land development pursuant
to a building permit or approval granted by the Planning Board or
Zoning Board of Appeals. Removal of trees in excess of that required
or necessary to carry out the construction or land development authorized
by such permit or approval is not exempt from the requirements of
this article.
D. Removal of trees in the normal operation of an agricultural
business operated under normal agricultural practices shall be exempt
from this chapter.
E. Harvesting of Christmas trees.
Notwithstanding any other provision of law,
clear-cutting may be permitted by the Planning Board only if specified
clear-cutting is recommended by a forester, who holds a degree in
forestry from an accredited college. “Clearcutting” is
defined as the cutting or removal within any area of all trees having
a diameter of two inches or more measured four feet above the ground.
In addition to site plan requirements, the landowner
shall submit the following information to the Planning Board before
the Planning Board issues a timber harvesting approval:
A. Written narrative, including:
(1) The total land area involved in cutting operations.
(2) The number of trees of each species to be cut.
(3) The range, in inches of diameter, of trees to be cut.
(4) The average number of trees per acre to be removed.
(5) The purpose and extent of earth moving, storage and
reclamation.
(6) Boundaries of property, topography, soil types and
all neighboring lands (and owners thereof) within 500 feet of property
boundaries.
(7) Access roads to property.
(8) Haul roads or other internal roads, trails or ways.
(9) Area within the property where harvesting will occur.
(10) Location of product loading areas.
(11) Erosion control and stormwater management measures.
(12) Streams, wetlands, ponds and other water bodies.
(13) Name and address of the proposed logger.
B. Name of logger(s). If a logger changes at any time prior to completion of work, the landowner must immediately notify the Planning Board in writing of the name of the replacement logger(s) and shall comply with requirements of §
141-7 if necessary.
C. Property maintenance plan.
D. The Planning Board may require submission of a report
prepared by a qualified forester, who holds a degree in forestry from
an accredited college, and may retain, at the applicant's expense,
its own forester and/or other consultant(s) to review the application.
E. Any other information deemed reasonably necessary
by a professional forester.
[Amended 3-9-2009 by L.L. No. 4-2009]
Prior to approval, the Planning Board shall
require the applicant or its agent to post a performance bond to insure
compliance with all applicable standards and requirements in an amount
as determined by the Town Engineer and in a form approved by the Planning
Board and its attorney, sufficient to secure the performance of the
forestry plan, requirements of this article, permit conditions and
the maintenance plan. The bond shall remain in effect until formally
released by the Planning Board, except that the bond shall remain
in effect no longer than two years after completion of the tree harvesting
operation unless the applicant consents to a longer period of time.
In the event that the applicant or agent does not fulfill the conditions
of the bond or fails to comply with any requirement or permit condition,
the Town may, after due notice to the applicant, agent or surety,
proceed to perform the work necessary to cause compliance with the
bond, requirements or permit conditions and shall charge the cost
to the owner, agent and/or surety.
Town officials, employees and agents shall be
authorized to enter upon the landowner’s property for purposes
of reviewing an application and of determining compliance with any
permit issued pursuant to this chapter. Such entrance and inspection
shall be initiated at reasonable times, but at any time whenever deemed
necessary to protect the public interest. Owners, agents and operators
shall be responsible for allowing access to the entire property.
The Planning Board may retain a forester and
other consultants, at the applicant's expense, to monitor harvesting
and reclamation activities, make recommendations and advice regarding
permit compliance. Such Board may require the applicant to deposit
a specified sum of money with the Town to pay for the consultant(s).
The Town Board is authorized to limit the number
of site plans for tree harvesting that may be issued and/or in effect
during any period of time specified by the Town Board. The Town Board
may establish such limitation and amend same from time to time, by
resolution.
This article shall be enforced by the Building
Inspector or Code Enforcement Officer. Enforcement officers are authorized
to issue violation notices, orders to remedy appearance tickets and
stop-work orders.