[HISTORY: Adopted by the Town Board of the Town of Putnam Valley 11-15-1995
by L.L. No. 3-1995. Amendments noted where applicable.]
This chapter shall be known and cited as the "Forestry Practices Law
of the Town of Putnam Valley."
The purpose of this chapter is the regulation of large logging operations
in order to prevent harm to the environment, to preserve the rights of residents
living near logging operations and to protect the interests of the taxpayers
of the Town of Putnam Valley and the County of Putnam.
As used in this chapter, the following terms shall have the meanings
indicated:
The business of felling trees, cutting them into logs and transporting
the logs to sawmills or to market.
A.
When a property owner wishes to conduct a logging operation,
as defined above, such owner shall obtain a special use permit from the Planning
Board before any operation may begin. If the special use permit is granted,
the Town Highway Superintendent or County Commissioner of Highways shall be
notified so he or she can determine whether or not a driveway-opening permit
will be required for the particular operation. The permit shall be obtained
from the Code Enforcement Officer and a fee be paid in accordance with the
annual resolution of the Town Board. Before the issuance of a permit, the
applicant shall show proof that the logger has liability insurance in the
amount of $1,000,000 with aggregate of $2,000,000, property damage insurance
in the amount of $250,000, both in favor of the Town and the landowner, and
workers' compensation insurance.
B.
This section shall not apply to:
(1)
Work performed on subdivision roads approved by the Planning
Board; or
(2)
Individual lots, unless they are located within any environmental
management district, in which the maximum area affected by the logging operation
is less than one acre in R-1 District, two acres in R-2 and LP Districts or
three acres in any R-3, CD, PD and PC Districts. However, the Town Highway
Superintendent or the County Commissioners of Highways shall be notified before
any logging operation begins in any permitted district so that he or she may
determine whether or not a driveway-opening permit will be required for the
particular operation.
C.
The area to be logged shall first be reviewed by a consulting
forester or state forester to be retained by the applicant to advise the applicant,
in writing, concerning the proposed operations. Said report is to be submitted
to the Planning Board.
D.
The application for a special use permit shall be filed
with the Planning Board and set forth:
(1)
The purpose of the operation.
(2)
The total land area involved in logging operations.
(3)
The approximate number of trees to be cut.
(4)
The range, in inches, of diameter measured at the standard
breast height (4.5 feet above ground) of the trees to be cut.
(5)
A plan for restoration of the property and the access
driveway to the road.
(7)
A statement from the landowner that each tree to be removed
has been designated by the forester, with paint or other distinctive means,
at two points so as to readily visible by the logger. One point shall be low
enough on the tree so as to be visible on the stump after the tree is removed.
(8)
Any other requirements the Planning Board will deem pertinent.
A.
Trees falling on adjacent properties as a result of a
logging operation shall immediately be returned to the permittee's property,
who shall be responsible for any restoration.B. Loading area, which must be
located in the same zone as the operation, shall be smoothed to remove all
ruts and debris. Waste materials shall be buried or removed to a point out
of sight of any road or adjacent property. A fifty-foot buffer zone shall
be required between any logging area or landing site and any public road or
adjacent property.
B.
No logging operation or removal of products shall take
place between the hours of 7:00 p.m. and 8:00 a.m. or any time on Sunday or
legal holidays.
C.
The Code Enforcement Officer shall have the authority
to order the suspension of logging operations if, in his or her opinion, conditions
created by the spring thaw, adverse weather or any other cause make soil erosion
likely.
D.
The Town Highway Superintendent or the County Commissioner
of Highways shall have the authority to:
(1)
Order the suspension of logging operations if, in his
or her opinion, conditions created by the spring thaw, adverse weather or
any other cause make damage to public roads likely.
(2)
Restrict the weight of logging trucks in accordance with
the capabilities or condition of roads, bridges and culverts.
(3)
Require the repair of roads, bridges and culverts damaged
as a result of a logging operation.
E.
The Code Enforcement Officer may require that, prior
to completion of the operation, a report be filed with his or her office by
the forester indicating what measures should be taken in order to restore
the property.
F.
The term of this permit shall be for one year. However,
since the operation may be adversely affected or delayed by unusual circumstances
of weather or other occurrences, a one-year extension, after payment of renewal
fee equal to the initial permit fee, may be granted by the Code Enforcement
Officer. Any additional extensions shall require application to the Planning
Board.
G.
The Planning Board shall have the right to waive any
of the requirements, except the requirement to notify adjacent property owners,
and to add any additional conditions, including restoration of damaged roads,
deemed necessary to protect the health, welfare and safety of the residents
of the Town of Putnam Valley.
H.
To ensure compliance by the permittee with the requirements
set forth in this section, a cash bond shall be submitted, the amount of which
is to be determined by the Planning Board, with a minimum amount of $1,000.
Said cash bond shall be released by the Town Board only upon the recommendation
and site inspection reports filed by the Code Enforcement Officer and the
Town Highway Superintendent or the County Commissioner of Highways.
I.
Any logging operation in existence at the time of the
enactment of this chapter may continue without interruption, provided that
application be made within 30 days of said enactment for a special use permit
under the provisions of this chapter and that such permit be granted by the
Planning Board.
The provisions of this chapter shall be enforced by the Code Enforcement
Officer.
[Amended 4-15-1998 by L.L. No. 5-1998; 11-17-2004
by L.L. No. 5-2004]
A violation of this chapter is hereby declared to be an offense punishable
by a fine not to exceed $350 or imprisonment for a period not to exceed 15
days, or both, for a conviction of a first offense; for a conviction of a
second offense, both of which were committed within a period of five years,
punishable by a fine of not less than $350 nor more than $700 or imprisonment
for a period not to exceed 15 days, or both; and upon conviction of a third
or subsequent offense, all of which were committed within a period of five
years, punishable by a fine of not less than $700 nor more than $1,000 or
imprisonment for a period not to exceed 15 days, or both. Each week's
continued violation shall constitute a separate additional violation.
