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HomeMy WebLinkAboutRECOMMENDATION TIMBER HARVEST LAW 23-07-2024 08_23_11_602 Summary/Contents Timber Harvesting Law 1. If the logging is to remove trees that pose a hazard; or for landscape or maintenance; or is to clear an approved building site; or harvests less than 4000 board feet or 10 cords, no permit is necessary. See Timber Harvesting Law Section IIA. 2. If the logging is not exempt as described above, a permit is required. Application for a permit is through the Danby Code Enforcement Office. See Timber Harvesting Law Sections IIB and IV. 3. A computer-based transmittable plan should be submitted to the Code Enforcement Office demonstrating compliance with best management practices (BMPs). See Timber Harvesting Law Section V and VI. 4. To understand BMPs see our brochure, particularly pages 32-35 listing BMPs, or consult a Forester. See Timber Harvesting Law Section III. 5. A topographic map should be included with the plan, with access/skid roads and landing- staging areas all specified. See Timber Harvesting Law Section V. 6. Haul routes must be appropriate for the trucks used. See Danby Local Law #4 “ Road Use and Preservation”. 7. Bonding is required for traffic beyond “Baseline”. See Timber Harvesting Law Section VIIC, and Danby Local Law #4 “ Road Use and Preservation”. 8. The plan should also include BMPs for cleanup and/or remediation. See Timber Harvesting Law Section VIID. 9. The Code Enforcement Officer, in consultation with the Highway Department and Conservation Advisory Council (CAC), inspects the plan and map and may require changes before a permit is granted. 10. Consult with CAC/CCE/etc. for advice on Unique Natural Areas, the Natural Resource Inventory, etc. when relevant. A revision to the Town of Danby Local Law #4 “ Road Use and Preservation” would work well for the bonding clause of the Logging Law-- where in the Road Law “Construction Activity… Concentrated Traffic…or the use of Natural Gas Vehicles” is used to contrast with “Baseline Traffic”. If we add “Permitted Logging” to that list, then we have covered logging operations with Highway’s bonding requirements… Local Law to Amend the Zoning Law Related to Timber Harvesting in the Town of Danby, New York Be it enacted by the Town Board of the Town of Danby in the County of Tompkins, as follows: Section 1. Authority This local law is enacted pursuant to the provisions of the Municipal Home Rule Law (MHRL) of the State of New York and any other pertinent provisions of the Laws of the State of New York. Section 2. Statement of Purpose The purpose of this law is to promote the health and safety of the residents of the Town of Danby by protecting the natural environment and public infrastructure as affected by timber harvesting. The Town recognizes that timber resources are of significant value and will be harvested. The Town also recognizes that if harvesting practices are carried out poorly they can result in significant and direct environmental damage to the property, to the adjacent lands and waters , and to public roads within the Town. This law requires landowners and their agents to follow Best Management Practices when harvesting timber. Proper management practices will limit subsequent environmental damage, particularly from soil erosion and sediment-laden run-off. Therefore, the following requirements are intended to regulate those harvesting activities that are most likely to cause environmental damage, such as crossing streams, working on steep hillsides, establishing landings, and accessing public roads, as well as to provide for reclamation. Section 3. Amendments to the Zoning Law A. The Town of Danby Zoning Law, Article III: entitled ‘Definitions,’ Section 301 – DEFINED TERMS is amended by adding the following definitions: 1. Cord All use of cords of wood as a measure will mean standard full cords of 4’x4’x8’. 2. Board Foot is a measure of sawn lumber, with a nominal thickness of 1 inch and area of one square foot. As it is customary to measure the volume of a harvest in board feet while the timber is still in the form of logs, there are standardized methods to approximate th e board feet contained in a log. This law will use the DOYLE rule for determining board feet. 3. Hazard of Damage will be used to mean any potential to cause pollution of streams or wetlands, loss of top soil and erosion where activity has removed all vegetation, contamination of soil or aquifers with petroleum products, sedimentation, altered runoff patterns, loss of rare or endangered plants and animals, and damage to public roads in the Town. 4. Timber Harvest Operator is used to mean the person or company contracted to fell and move forest products within the harvested area and to prepare it for loading, be that saw logs, firewood or other forest products. This may be the same or a separate operator from the trucking company that moves the harvested forest products over Town roads. 5. Other terminology with specified usage or meaning in the context of a Timber Harvest will be interpreted according to the Glossary that is part of the Chemung County Soil and Water Conservation District’s publication “Best Management Practices During Timber Harvesting Operations”. publication incorporated by reference in part III. B. The Town of Danby Zoning Law, Article VI: entitled ‘Zone Regulations,’ Section 600 – LOW DENSITY RESIDENTIAL ZONE is amended by adding the following to Sub -section 1. PERMITTED PRINCIPAL USES: d. Forest management and other forest resource uses. Timber harvesting is subject to the requirements in § 715. [CAC anticipates significant modification to the Town’s zoning maps and rules. This ¶ B and C stipulation of where the Timber Harvest regulation fits within the structure of the Town’s laws is thus subject to change and its best placement is left to the Town Board and legal guidance] New Zoning has 4 Zones that this this would apply to –LDR, Rural 1 and 2, and High Priority Preservation (JZ; 9/27/22) C. Suggested placement of this law within the zoning laws. The Town of Danby Zoning Law, Article VII: Special Regulations is amended by adding a new Section 715, entitled ‘TIMBER HARVESTING as follows: D. The Text of the Timber Harvesting Law: I - Conflict with Other Provisions Whenever the requirements of this law are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or laws, the most restrictive shall govern. II – When Is a Permit Required? A. Exempt Activities The following activities may be carried out without a permit: 1. The felling of trees that pose a hazard to roads, utilities or buildings or any other harm and any cutting of trees ordinarily incidental to property maintenance or landscaping work. 2. The cutting of less than 10,000 board feet, 20 cords of firewood per year or equivalent . 3. The clearing of a building site as approved in an issued building permit. The extent of the cleared area shall be delineated in the soil disturbance forms that support the building permit application. 4. Harvesting timber from land owned by the state of New York performed under the supervision of the NYSDEC. [CAC recognizes that timber harvesting activity carried out under NYS DEC supervision carries significant risk of, and has been the cause of, some damage to the Town’s roads. We have some concern as to whether existing Town laws regulating heavy loads and road use can be applied in these cases because of the exceptions for “agricultural use” provided in the road use law. Regulatory means to hold the harvest operators or truckers responsible for damage should be devised but may not be part of this law] All other towns allow Highway to shut down an operation if roads are significantly damaged… We aren’t preventing Ag use, we’re only requiring coverage and responsibility for road damage… (JZ; 9/27/22) B. Non-Exempt Activities Because each of these activities poses some hazard of damage, work that will involve any of them shall be carried out only if a permit is issued. It will be a violation of this law to perform these activities without a permit: 1. Any activity associated with the harvest that involves the movement of heavily loaded trucks or other heavy equipment using Town roads. 2. Any installation or alteration of culverts on shoulders of Town roads to create access to the area harvested or to facilitate loading trucks and equipment. 3. Any activity that will involve temporarily piling logs within 50 feet of the road centerline. 4. Harvesting more than 10,000 board feet of sawtimber, 20 cords of firewood, or equivalent. 5. Moving equipment and logs across any permanent stream. C. It is hereby required that a timber harvesting permit application be filed with the Town Code Enforcement Officer by anyone desiring to harvest timber by any means or to any extent that is not exempt from this law. The property owner and the Timber Harvest Operator(s) shall apply for such permit jointly. D. No person, firm, partnership, corporation or other entity shall engage in any Non-Exempt timber harvesting activity, including felling, skidding, modification of roadside ditches for access or clearing trails and landings, unless the aforesaid entity has obtained a timber harvesting permit issued by the Town Code Enforcement Officer. The Town Highway Superintendent must give approval before the permit can be issued, and such approval shall be indicated on the permit. E. It will be a violation of this law if the application is found to understate the extent, location, insurance coverages required, worker safety considerations, hazard of damage or volume of the harvest to such a degree that the permit issued cannot fully provide for the protection of the water bodies, the workers, the roads, and the neighboring properties. F. Permits must be prominently posted at the point of road access to/from the active harvest area. III – Best Management Practices Required It shall be a violation of this law if any timber harvesting pursuant to this Section fails, in the judgment of the Code Enforcement Officer, to adhere to the Best Management Practices [BMP] described in the Chemung County Soil and Water Conservation District’s publication “Best Management Practices During Timber Harvesting Operations ”. IV – The Permit The Timber Harvest Permit will identify the persons responsible for the harvest and state the period during which the permit is in force. It will be issued when a complete and accurate Timber Harvest Application has been submitted to the Code Enforcement O ffice and found to satisfy all requirements of this law and the town’s Road Preservation Law. If the application is found deficient in any way, a Request for Supplemental Information will be issued. In either case, the Code Enforcement Office will provide its finding within 10 business days after receipt of the application. V – The Timber Harvest Application The Timber Harvest Application will state the information required for a permit: 1. Applicants’ certificate of insurance or bond for $250,000/$500,000 property damage and personal liability, specifically covering damage to roadways and culverts is required. Solo operators may not be required to carry such? 2. Names, addresses, phone numbers and email addresses of landowner and for each trucking firm, timber harvest operator and forester who will be involved with the harvest. This must be contact information that can be used for emergencies and violation notices that need a response in less than 24 hours. 3. A plan of the property to be harvested, in printed or electronic form. The basis of this plan shall be a topographic map which has been supplemented with the following: a) Tax parcel number[s] for the parcel[s] containing the area to be harvested. b) Property boundaries, streams, stream crossings, landings, road access. c) Area to be harvested clearly marked, showing setbacks from roads and water bodies. d) Explicitly planned egress and routing of any trucks expected to have GVWR greater than 8 tons per axle, Does this mesh with the Road Preservation Law? 4. Planned dates for start and completion of harvest. 5. Estimate of cords, tons, or board feet of timber to be harvested. 6. An application fee of $100 or other amount that the Town Board may set. 7. A description of the specific Best Management Practices that will be used to protect the stream crossings, skid and haul roads, landings and access points to public roads and any maps, descriptions, or drawings of particular engineered measures that address hazards of damage that the Code Enforcement Officer identifies to the applicant. 8. If the timber harvesting is done under contract, the names and contact information of the parties, including subcontractors, and the effective dates of the contract. 9. If the timber harvest is the execution of a timber sale that has been recorded with the county clerk, the document control number of the registration. 10. Contact information for the insurer who provided the certificate of insurance, if such information is not present on the certificate. VI . The Permitting Process 1. Property owner obtains an application packet from Town Clerk that will contain: a. application forms, b. a copy of this law, c. a copy of Chemung County Soil and Water Conservation District’s publication “Best Management Practices During Timber Harvesting Operations”. d. a map of the Department of Environmental Conservation [DEC] listed streams in the Town e. a list of resources to aid land owners in achieving a safe and economical harvest, which may include NYSDEC cooperating consultant foresters, Cornell Cooperative Extension contact, Tompkins County Soil and Water Conservation District [SWCD] contact, DEC district 7 contact, description of the advantages of having a forester oversee the harvesting and sale of timber, description of the benefits of having a harvest conducted under a contract, and advice on how to choose a Timber Harvest Operator. 2. The property owner and timber harvest operator(s), if any, complete the Timber Harvest Application and submit it, with fee, to the Code Enforcement Officer. 3. The Code Enforcement Officer may circulate the permit application a. to Town Planner for questions of adequate stormwater control, b. to the Conservation Advisory Council for questions about protected or sensitive wetlands or vegetation and to certify that a harvest does not violate the terms of any conservation easement. c. to Highway Department for questions about risk of impact to Town roads, culverts and roadside drains and for a determination of a performance bond amount proportional to such risks, if any, which bond should be posted as a condition of the permit. A sit-down meeting with Danby Highway Dept. will be required to establish haul routes, and to do a minimum impact calculation based on the number of estimated trips and type of equipment used. 4. If the Code Enforcement Officer finds hazards of damage of the proposed harvest against which the application’s documentation of the harvest and of BMPs do not assure adequate safeguards, the Code Enforcement Officer may issue a Request for Supplemental Information such as but not limited to a Stormwater Pollution Protection Plan (SWPPP), and drawings specifying how stream crossings will protect water quality. Then the Timber Harvest Operator, Forester and Owner will file this supplemental documentation as amendments to their Timber Harvest Application. 5. If the application meets the criteria for a Timber Harvest Permit, including any supplemental documents requested by the Code enforcement Officer and if any required bond has been posted, the Code Enforcement Officer will issue a permit and send a copy of the approved permit to NYSDEC Region #7 Office, Tompkins County Soil and Water Conservation District, the Town Highway Superintendent, the Town Planning Department, the Town Board, and the contiguous landowners. VII - Regulation and Penalties for Offenses A. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this ordinance. B. The Code Enforcement Officer, may with due cause and without hindrance, reasonably enter, examine and survey all grounds affected by the timber harvest in order to ascertain whether BMP are being followed and whether uncontrolled stormwater runoff is contaminating water bodies on or outside of the planned harvest area. C. It will be a violation of this law if the Highway Superintendent finds that harvest activity is damaging roads beyond normal wear and tear. The Highway Superintendent may specify measures to remediate damage or suspend the harvesting operation until suit able weather conditions restore load-bearing capacity of the road. D. Release of bond: If a performance bond was posted, it shall be returned at conclusion of the harvest providing : 1. The Code Enforcement Officer determines that any required clean-up or restoration work has been performed in compliance with the BMP. 2. The highway department determines that roads, ditches and access points are undamaged or if damaged, satisfactorily repaired. [Does the Town already have a mechanism for taking and securely holding a bond that is to be returned later upon satisfaction of conditions?] Laura told Don there’s a formula using loads, axles, number of trips, etc. to determine dollar amounts… So yes, part of existing law applies. JOEL NEEDS TO ASK LAURA, OR KEVIN for more details… (JZ; 9/2722) E. Upon notification by the Code Enforcement Officer to the applicant of any violation hereunder, the timber-harvesting permit granted to such applicant shall be suspended and/or revoked. Upon suspension or revocation, as the case may be, all operations shall immediately cease, and the applicants shall take immediate steps to address the violation. Such suspension or revocation notice may contain conditions to be met to obtain reinstatement of the permit. F. Any person violating any provision of this law shall be guilty of an offense punishable by a fine set by the Code Enforcement Officer which may not exceed $10,000.00 or other amount that had been established by vote of the Town Board at the time the permit was issued. G. Pursuant to 150.20 of the Criminal Procedure law and in accordance with section 10(4)(a) of the Municipal Home Rule Law, the Code Enforcement Officer of the Town is hereby authorized to issue and serve appearance tickets with respect to any violation of this law. H. In addition to or as an alternative to the above provided penalties, the Town Board may also maintain an action in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction any violation of this law.