HomeMy WebLinkAboutLL 03 of 2012 Timber Harvesting in Conservation Zones TOWN OF ITHACA
LOCAL LAW NO. 3 OF THE YEAR 2012
A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA
CODE REGARDING TIMBER HARVESTING AND OTHER REQUIREMENTS IN
CONSERVATION ZONES AND ADDING RELATED DEFINITIONS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code,
Section 270-5, entitled"Definitions," is amended by adding the following definitions:
BIOLOGICAL CORRIDORA waterway or a substantially undeveloped stretch of land
consisting of vegetation that serves to facilitate wildlife movement between habitat areas.
Biological corridors may cross more than one parcel of land.
CLEAR-CUTTING--A method of cutting, removal or harvesting that removes 50% or
more of the trees of six inches or more in diameter at breast height in any area of more
than one acre on a parcel.
DIAMETER AT BREAST HEIGHT--The diameter of a tree 4 1/2 feet above ground
level.
NON-NATIVE INVASIVE SPECIES –As listed on the "Invasive Plants of the Ithaca,
New York Area"listing produced by the Tompkins County Environmental Management
Council, as revised from time to time, or on other lists produced by Tompkins County or
New York State, these are alien or exotic plant species that spread and compete with
native species, often eliminating the latter.
TIMBER HARVESTING--The cutting, removal, or harvesting of timber or trees.
WETLAND—Any area that is inundated or saturated by surface water or groundwater at
a frequency and duration sufficient to support, and that under normal circumstances does
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Section 2. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of
Ithaca Code, Section 270-10, entitled "Purpose,"is amended by adding the word"negative"
before the phrase "environmental impact"in the first sentence of subsection A.
Section 3. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca
Code, Section 270-11, entitled "Permitted principal uses," is amended by deleting subsection E
and replacing it with a new subsection 270-1 LE reading as follows:
"E. Forest management and other forest resource uses. Timber harvesting shall be
subject to the requirements in § 270-22.L."
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Section 4. Chapter 270 (Zoning), Article V(Conservation Zones) of the Town of Ithaca
Code, Section 270-12, entitled"Principal uses authorized by special permit only," is amended by
adding new subsection H reading as follows:
"H. Deposit, removal or moving of earth, fill or related products consisting of more
than 50 cubic yards of material on any parcel in any one year, as described and
regulated in § 270-217 of this chapter."
Section 5. Chapter 270 (Zoning), Article V(Conservation Zones) of the Town of Ithaca
Code, Section 270-14, entitled"Permitted accessory buildings or uses," is amended by adding
new subsection I as follows:
"I. Timber harvesting, subject to the requirements in § 270-22.L."
Section 6. Chapter 270 (Zoning), Article V(Conservation Zones) of the Town of Ithaca
Code, Section 270-22, entitled"Additional requirements and restrictions," is amended as
follows:
A. Delete subparagraph (1) in subsection E and replace it with the following new
subparagraph (1):
"(1) Existing native vegetation shall be maintained to the extent practicable,
with conserved areas clearly defined on proposed and approved site plans
and subdivision plats. Timber harvesting shall be subject to the
requirements in subsection L below."
B. Add a new subparagraph(3) in subsection E reading as follows:
"(3) Non-native invasive species shall not be planted, and if present on a site,
they may be removed by the site owner or authorized agent."
C. Delete subsection K and replace it with the following new subsection K:
"K. Whenever a subdivision of land or a site plan is proposed in a
Conservation Zone, the Planning Board may require that the nonbuildable
areas listed above, including wetlands, slopes 25% or greater, and
streams/watercourses and setbacks,be shown on the preliminary and final
subdivision plats and site plans."
D. Add a new subsection L reading as follows:
"L. Timber harvesting.
(1) No timber harvesting shall occur without a timber harvesting
permit issued by a Code Enforcement Officer, unless such timber
Adopted 3-12-2012 2
harvesting is exempted from this permit requirement by
subparagraph 2 below.
(2) The following shall not require a timber harvesting permit:
(a) Reasonable site clearing preparatory to construction of a
building or other structure for which a building permit has
been issued, provided such site clearing does not exceed
one acre.
(b) Site clearing preparatory to construction of a building or
other structure pursuant to a site plan approved by the
Planning Board,provided such site clearing does not
exceed one acre.
(c) Clearing of land for rights-of-way or utilities.
(d) Clearing and maintenance of land for agricultural purposes
(including timber operations that constitute a farm
operation, as defined by § 301 of the New York Agriculture
and Markets Law), where the principal use of the land is as
a farm and the land is located within a county agricultural
district created under the provisions of Article 25-AA of
the New York State Agriculture and Markets Law.
(e) The harvesting of evergreens specifically planted for
Christmas trees.
(f) Maintenance of trees or property through the pruning or
topping of trees.
(g) Cutting, removing or harvesting trees to prevent or treat
disease, to control invasive species, or to remove trees that
are dead or damaged or present safety or health hazards.
(h) Any other cutting, removal or harvesting of timber from a
parcel in quantities less than 10 standard cords of wood, or
5,000 board feet, as measured by the International 1/4 Inch
log rule described in the U.S. Forest Service's National
Forest Log Scaling Handbook(effective October 30, 2006),
in any one year.
(3) Submission requirements for timber harvesting permit. An
applicant for a timber harvesting permit shall submit a Sustainable
Forest Management Plan prepared by a forester who is certified by
the Society of American Foresters or such successor organization
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as is later created, a Cooperating Consulting Forester with the New
York State Department of Environmental Conservation, or a
qualified forester approved by the Town Code Enforcement
Officer. Such Sustainable Forest Management Plan shall
demonstrate compliance with all standards contained in
subparagraph 5 below as well as applicable timber harvesting
guidelines issued by the New York State Department of
Environmental Conservation. In addition, the application shall
include the following:
(a) A description of the land on which the proposed timber
harvest will occur, including deed and filed map references,
lot numbers, and tax parcel numbers.
(b) The full name and address of the owner and of the
applicant, the names and addresses of their responsible
officers if any of them are corporations, and written
permission from the owner if the applicant is not the owner.
(c) The signature of the professional forester responsible for
the Sustainable Forest Management Plan and the
application.
(d) A description of trees to be cut, the percentage of trees to
be cut, and the methods of cutting and removing trees, and
a plan to preserve healthy, mature trees to maintain a
sustainable stand of woodland, which plan shall identify
ecologically valuable trees of native species to be
conserved throughout the harvesting operation.
(e) A description of any locally or regionally scarce plants or
rare or endangered plant species as designated by the New
York State Department of Environmental Conservation
located within any areas proposed to be disturbed by the
timber harvesting operations.
(f) The location of any access to a paved or unpaved road
shown on the most recent version of the Town's Official
Map, and the location and nature of all existing and
proposed logging roads, all staging areas for loading
equipment and logs, and all other disturbances to the site as
part of the timber harvesting operation.
(g) All wetlands, watercourses, topography at five-foot
intervals, slopes identified as unstable by the professional
forester, and slopes exceeding 25%.
Adopted 3-12-2012 4
(h) A plan for cleanup of timber harvesting areas, staging
areas, and landings upon completion of the harvesting
operations.
(i) A plan for restoration of timber harvesting areas, staging
areas, and landings to a natural state upon completion of
the harvesting operations.
(j) If the professional forester determines that engineering
controls are necessary to prevent erosion and
sedimentation, identification of the location and type of
such engineering controls.
(k) Submission of any stormwater pollution prevention plan or
simple erosion and sedimentation control plan required by
Chapter 228.
(1) Such other information as may reasonably be required by
the Code Enforcement Officer.
(m) Submission of the application fee, which shall be set from
time to time by Town Board resolution.
(4) On-site requirements for timber harvesting permit application. In
addition to the application information required in subparagraph 3
above, the applicant shall take the following actions on-site where
a timber harvest is proposed:
(a) Mark all trees selected for harvest. Any specimen trees
identified for protection shall also be appropriately marked.
(b) Flag the line designating the protected one-hundred-foot
buffer for streams and wetlands (see subparagraph 5(b)
below). The wetland buffer shall be flagged by a qualified
wetland scientist.
(5) Standards for Sustainable Management Plans and their
implementation.
(a) No clear-cutting shall be permitted unless specifically
shown in the approved Cti�Forest Management
Plan, in which case a reforestation plan shall also be
included in the Sustainable Management Plan. The
replanting shall not include non-native invasive species.
Replanting of trees pursuant to such reforestation plan shall
Adopted 3-12-2012 5
be secured by a performance bond, as provided in
subparagraph 6 below.
(b) For parcels that are 10 acres or less, clear-cutting shall not
occur on more than 20% of the parcel. For parcels that
exceed 10 acres, clear-cutting shall not occur on more than
20% of 10 acres on the parcel, and clear-cutting shall not
occur on more than 10% of the balance of the acreage on
the parcel.
(c) No timber harvesting or logging road construction shall
occur within one hundred feet of any wetland, or of any
stream protected by the New York State Department of
Environmental Conservation, except as necessary to cross a
stream, where such stream crossing is permitted by the
New York State Department of Environmental
Conservation. In addition, timber harvesting and logging
road construction must comply with all other applicable
zoning requirements, including any more restrictive stream
setback requirements.
(d) No timber harvesting or logging road construction shall
occur on any steep slope equal to or exceeding 25 percent.
Slopes of 25 percent or greater shall be determined by
using one of the following resources or methods, as
appropriate:
[1] On-site measurement of slopes by registered
professional engineers, surveyors, or landscape
architects,using accepted engineering practices.
[2] Use of two-foot topographic data created with the
use of Light Detection and Ranging(LIDAR)-
derived information.
[3] United States Geological Survey 7.5 Minute
Quadrangles.
[4] Other resources or methods that Town staff
determine are of similar or greater accuracy than
those listed above.
(e) Best management practices for stormwater management
shall be required to prevent runoff of mud, debris, and silt-
laden stormwater from the site to streams, public roads, or
the shoulders or drainage systems of public roads.
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(f) No tree cutting, harvesting or removal, other than for
exempt operations, shall take place between the hours of
6:00 p.m. and 7:00 a.m. local time.
(g) All trees shall be felled so that no trees or debris falls on
any adjoining property or on any roads not owned or
controlled by the applicant.
(h) All stumps shall be cut off as low as possible and shall, in
general, be no higher than the diameter of the tree trunk
when measured on the uphill side of the stump.
(i) Landing and loading areas shall be located as close as
possible to the timber harvesting operations and shall be
smoothed to remove all ruts and debris at the conclusion of
the timber harvesting operation.
(j) The timber harvesting operation shall comply with all
applicable erosion, sediment control, and stormwater
management regulations, including any stormwater
pollution prevention plans and simple erosion and
sedimentation control plans.
(k) Equipment used for timber harvesting shall be as small and
nondisruptive to the forest as is economically feasible and
safe.
(1) Logging roads and skid trails shall be designed to avoid
erosion and stream sedimentation. The Sti�Forest
Management Plan shall ensure the proper location of such
roads and skid trails and, where necessary, the use of
appropriate engineering controls.
(m) Cutting or clearing of any locally or regionally scarce
plants or rare or endangered plant species as designated by
the New York State Department of Environmental
Conservation is permitted only upon receipt of a special
permit for same by the Planning Board in accordance with
the procedures set forth in this chapter.
(n) Slash and/or logging debris shall not be burned on-site.
(6) Performance bond. All site restoration required by the Sustainable
Forest Management Plan, including replanting of trees pursuant to
a reforestation plan, removal of stumps and debris, restoration of
Adopted 3-12-2012 7
landing and loading areas, and remediation of any damage to
retained natural vegetation, roads, or drainage systems, shall be
secured by a performance bond. The performance bond shall be
furnished in accordance with the procedures specified in § 277 of
the Town Law of the State of New York relating to subdivisions.
The sufficiency of such performance bond shall be determined by
the Director of Code Enforcement after consultation with the
Department of Public Works.
(7) Procedures for approval and enforcement of a timber harvesting
permit.
(a) Upon receipt of a complete timber harvesting permit
application, the Code Enforcement Officer shall refer the
application to the Town Conservation Board for review and
a recommendation pursuant to the procedures in Town
Code § 23-3. The Conservation Board shall have 30 days
from the date of referral to complete its review and submit
any written comments to the Code Enforcement Officer. If
the Conservation Board fails to act within this time, the
Code Enforcement Officer may proceed with his or her
permit determination.
(b) The Code Enforcement Officer shall promptly review the
timber harvesting permit application, inspect the site, and
approve or deny the application, giving the reason for any
denial. A copy of the permit or decision to disapprove shall
be delivered or mailed to the applicant within 45 days of
the submission of a complete application.
(c) Any permit shall be conditioned upon approval of access
point(s) onto any Town roads, issued by the Town
Highway Superintendent, and upon compliance, where
applicable, with Chapter 230 (Streets and Sidewalks),
Article I(Excavation and Construction in Municipal
Roadways and Highway Rights-of-Way) of the Town of
Ithaca Code.
(d) The timber harvesting permit shall consist of the
application submitted, any conditions imposed by the Code
Enforcement Officer and attached to the application, and
the approval of the Code Enforcement Officer endorsed on
the application with the attached conditions. The timber
harvesting permit shall be placed in the permanent property
file for the property.
Adopted 3-12-2012 8
(e) A timber harvesting permit shall be valid for a period of
two years from the date of its issuance, except where a
multiphase Sustainable Management Plan has been
submitted, in which case the permit may be approved with
time limits indicated within the permit for each phase. No
timber harvesting permit shall be valid for a period in
excess of 10 years.
(f) Before any site work begins, the Code Enforcement Officer
shall inspect the site to assure that the buffer areas and
staging areas are adequately marked and that any other
applicable permit conditions have been implemented. The
Code Enforcement Officer shall make periodic inspections
to assure compliance with the Sustainable Forest
Management Plan and all conditions of approval.
(g) The Code Enforcement Officer or Stormwater Management
Officer shall have the authority to issue a stop-work order
for all or part of the cutting and harvesting activity if in his
or her opinion conditions created by a spring thaw, adverse
weather conditions or any other cause may make damage to
Town roads likely or may result in soil erosion or other
damage beyond or outside of the boundaries of the area of
the timber harvesting operation.
(h) Inspection of the site and review of the Cti�Forest
Management Plan may be delegated by the Code
Enforcement Officer to a professional forester retained by
the Town."
Section 7. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 8. This local law shall take effect immediately upon its filing with the New York
Secretary of State.
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