The purpose of this chapter is promote the health and safety of the
residents of the Town of Plattekill by protecting the natural environment,
town resources, town roadways and other as affected by timber harvesting.
The town recognizes that the timber resource in the town is a renewable resource
of significant value and may be harvested. The town also recognizes that if
timber harvesting practices are poorly carried out they can result in significant
environmental and aesthetic damage to the land and to adjacent lands and waters.
Further, logging equipment, trucks and traffic generated has the potential
to severely damage town rights-of-way, thus this chapter is intended to regulate
those harvesting activities that most readily affect the environment, and
town roadways, such as stream crossing, and the location of landings, haul
roads and skid trails, and travel of equipment utilized in a logging operation.
As used in this chapter, the following terms shall have the meanings
indicated:
CLEAR-CUTTING
A method of harvesting where virtually all trees on a site are removed.
COMMERCIAL FORESTRY
The cutting and removal, also known as "harvesting" or "logging,"
of trees from a tract of land or tracts of land totaling three acres or more
in any one year; excluding, however 20 standard cords of wood which may be
cut annually by the owner for their own use.
EROSION CONTROL STRUCTURES
Diversions that include water bars and broad-based dips constructed
across roads and/or landings for erosion and sediment control. They catch
and divert runoff into adjacent vegetated areas.
HAUL (TRUCK) ROAD
Constructed road of dirt and/or gravel utilized for moving cut trees
from a landing where they are loaded on a truck to an exit from the site.
LANDINGS
Open or cleared areas used for loading logs onto trucks or any general
purpose, such as storming logs or servicing equipment.
LOGGING DEBRIS
Any residue associated with a harvesting operation, including undesirable
tree trunks, logs and slash.
PROTECTED STREAM
A stream protected under Article 15 of the Environmental Conservation
Law (ECL). A permit is required from the New York State Department of Environmental
Conservation (DEC) for any work which will disturb the streambed or its banks.
SKID TRAIL (ROAD)
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.
SLASH
Felled trees, tree tops and small branches left over from a harvesting
operation.
All commercial forestry operations may apply to the Town Board for a
temporary permit. Approval of commercial forestry operations shall require
the following:
A. A site plan shall be submitted at a scale of one inch
equals 200 feet to include the location of the planned harvest operation and
work areas, including loading areas, haul roads, landings and stream crossings.
B. A management plan that includes the following information:
(1) The name and address of the property owner and a copy
of the signed contract between the commercial harvester and property owner
authorizing the forestry operation.
(2) The name and address of the harvester (logger) or purchaser.
(3) Location of site on a tax map USGS topographic map, and
USDA Soils Survey Map.
(4) The approximate acreage to be cut, the approximate number
of trees to be harvested and the approximate dates upon which such harvesting
activity will occur.
(5) A description of the type of harvesting activity; and
diameter-limit cutting (the minimum diameter and height measurement shall
be designated), thinning or selection cutting, in which case the method of
selection shall be explained.
(6) A statement of the steps to be taken:
(a) To mitigate and control environmental damage; assessment
of the impacts to wetland areas.
(b) Plans for the cleanup and reclamation of the property.
(c) For soil erosion and storm water control structures and
the measures used for the protection of streams and slopes.
(d) To assure that culverts and town roads are protected
from damage caused by the logging operation and from the transportation of
timber, including compliance with truck weight limitations.
(e) To protect wild life habitats, the applicant shall provide
written correspondence from the DEC as to the existence of threatened or endangered
species.
The Building Inspector appointed by the Town Board shall enforce this
chapter. Said officer shall be authorized and have the right in the performance
of duties to enter upon any property proposed to be harvested to make such
inspections as are necessary to determine satisfactory compliance with the
provisions of this chapter. Owners, agents or harvesters on a property being
harvested shall be responsible for allowing walking access to appropriate
parts of the premises within their control to the Building Inspector acting
in accordance with the requirements of this provision. It shall be the duty
of the Building Inspector to investigate all complaints made under this chapter
and to take appropriate legal action on all violations of this chapter.