[HISTORY: Adopted by the Town Board of the Town of Plattekill 5-19-1999
by L.L. No. 5-1999. Amendments noted where applicable.]
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:
A method of harvesting where virtually all trees on a site are removed.
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.
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.
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.
Open or cleared areas used for loading logs onto trucks or any general
purpose, such as storming logs or servicing equipment.
Any residue associated with a harvesting operation, including undesirable
tree trunks, logs and slash.
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.
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.
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.
A.
All commercial forestry operations shall be managed and
conducted in accordance with the New York Timber Harvesting Guidelines, which
shall be enforceable by the Town of Plattekill Zoning Officer hereunder as
standards for commercial forestry operations in the Town of Plattekill.
B.
Upon application to the Town Board for a permit, the
applicant shall be required to notify all adjacent property owners, within
500 feet, by certified mail of the operation and provide to the Town Board
proof of mailing. The content and form of the notification shall be provided
by the town.
C.
Except as noted below, no landings shall be located within
a minimum of 50 feet of protected streams, town, state or federally designated
scenic trails and public buildings. No landing shall be located in low spots
or poorly drained areas.
D.
All landing areas, off-street parking for logging equipment
and vehicles shall be located on the logging site no less than 50 feet from
any street or property line unless greater or lesser distances are required
due to the unique characteristic of the site. In determining the unique characteristic,
the Town Board shall take into consideration the proximity of residences,
topography, vegetation, generation of noise and any other characteristics
of the site and/or operation that will impact the environment or health, safety
and welfare of the community.
E.
Hours of operation.
(1)
No harvesting, cutting or removal of products shall take
place before 7:00 a.m. or after 7:00 p.m. Monday through Friday or before
8:00 a.m. or after 5:00 p.m. Saturday, Sunday and legal holidays.
(2)
No harvesting, cutting or removal of products shall take
place within 500 feet of the lot line of an adjacent resident property on
which residential buildings are located on Saturdays, Sundays or legal holidays.
This restriction may be waived upon written authorization from the property
owner of the adjacent residential property, but nothing restricts the property
owner from rescinding the authorization.
(3)
The Town Board may further restrict the hours during
which logs may be transported over the public or private road system if the
Town Board finds that due to existing road conditions the safety of the public
would be compromised.
F.
Clear-cutting as a method of harvesting forest products
is prohibited unless approved by the Town Board and where clearly justified
by the requirements of sound forest management.
G.
Upon approval, the Town Board shall identify the time
frame the permit shall be valid, but in any case for a maximum period of one
year. All regulations promulgated by the New York State Department of Environmental
Conservation shall be strictly adhered to by the holder of the permits, and
all required stream or wetland disturbance permits or any other required permits
shall be secured and in effect prior to the issuance of a permit for commercial
forestry.
H.
Access. Where a proposed commercial logging operation
is to use or develop an access onto a town highway, such proposal shall be
referred to the Town Highway Superintendent, who shall approve such access,
subject to the following conditions and any other conditions as indicated
prior to approval of the commercial forestry permit.
(1)
Proper posting of site entrance and exit signs, including
truck entrance signs.
(2)
No skidding of timber shall be permitted across Town
Highways as part of the logging operation at any time.
(3)
The Town Highway shall be cleared of dirt, mud and vegetation
debris on a daily basis to the satisfaction of the Town Highway Superintendent.
(4)
The logging contractor or operator shall be held responsible
for any damage to the pavement, shoulder or drainage facilities of the town
highway, and the Town Highway Superintendent shall inspect the commercial
forestry operation on a frequent basis to determine if such damage has occurred.
The Highway Superintendent shall approve the location and construction of
the landing area.
(5)
All debris located within 50 feet of any public right-of-way
shall be cleared and removed by the applicant.
(6)
The Town of Plattekill Highway Superintendent may issue
any appropriate directive to prevent or repair damage to any town road or
bridge caused by the commercial forestry operation. Commercial forestry operations
having access onto a state highway or county road shall have the access reviewed
and approved by either the State Department of Transportation or the County
Department of Public Works, and such access shall adhere to the conditions,
including performance guaranties, that these agencies may require.
I.
Security. As a part of a condition of the permit, in order to assure compliance with the provisions of this section, a certified check or irrevocable letter of credit shall be posted with the Town Supervisor by the owner or logger in the minimum amount of $5,000 or, in the event that a waiver is granted for Subsection D of this code to the property owner or logger, the minimum amount shall be $7,500. Such amount may be revised as determined by the Town Board. Upon completion of such harvesting activities and the compliance with all provisions of this section, as certified by written statement from the Town Building Inspector and Highway Superintendent, attesting to such compliance, such security shall be returned. In the case of noncompliance with this section, the Town Board shall utilize such security, and in the event that such security is insufficient, the town may put a lien on the property or such portion thereof that may be necessary to ameliorate noncompliance.
A.
Exemptions. These provisions shall not apply to the following:
(1)
Harvesting of trees and firewood for the personal use
of the property owner on the same site.
(2)
Reasonable site clearing preparatory to construction
of a building for which a building permit has been issued.
(3)
Clearing of land for rights-of-way for utilities.
(4)
Clearing and maintenance of land for agricultural purposes.
(5)
Harvesting of Christmas trees.
(6)
Any other removal of timber from a lot in quantities
less than 20 standard cords of wood, 2,000 cubic feet or 10,000 board feet,
as measured by the international 1/4 inch log rule, within any given calendar
year.
(7)
Properties in state programs exempted. Lands anywhere
in the town which are enrolled under § 480-a of the New York State
Real Property Tax Law, and its predecessor, the Fisher Forest Act, are exempted
from these provisions, provided that:
(a)
A copy of a valid certificate of approval of enrollment
in either § 480-a or the Fisher Forest Act is presented to the Building
Inspector, prior to the commencement of any commercial logging operations.
(b)
A copy of the renewal forms certifying continued enrollment
of a parcel in the § 480-a program is filed annually in years of
active logging with the Building Inspector.
(c)
A copy of file maps and a management plan from Fisher
Forest Act, or § 480-a, is submitted in conjunction with a certificate
of approval.
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.
