This chapter shall be known and may be cited
as the "Town of Fallsburg Commercial Timber Harvesting Law."
The purpose of this chapter is to promote the
health and safety of the residents of the Town of Fallsburg through
the protection of the natural environment where affected by timber
harvesting. The Town recognizes that the timber resources in the Town
are of significant value and may be harvested. The Town also recognizes
that if timber harvesting practices are improperly performed, they
can result in significant environmental damage to the land as well
as to adjacent lands and waters. Thus, this chapter is intended to
regulate those commercial harvesting activities that most often result
in environmental damage, to require reclamation efforts that will
limit subsequent environmental damage, particularly to control soil
erosion and sediment-laden runoff, and to utilize professional forest
management expertise in the preparation and evaluation of timber harvest
planning.
A.
No person shall do any commercial timber harvesting, as defined in § 278-5 of this chapter, without first having obtained a commercial timber harvesting permit from the Town Code Enforcement Office.
[Amended 5-11-2010 by L.L. No. 7-2010; at time of adoption of Code (see
Ch. 1, General Provisions, Art. IV)]
B.
Activities subject to approval under this provision
are also subject to the requirements of 6 NYCRR 617 (SEQR).
Whenever any timber harvesting operation (commercial
or personal) becomes a hazard to life and limb, or endangers property
or adversely affects the safety, use or stability of a public way
or drainage channel, the owner of the property upon which the timber
harvesting operation is located, or other person or agent in control
of said property, upon receipt of notice in writing from the Code
Enforcement Officer, shall, within the period specified therein, repair
or eliminate such hazard and be in conformance with the requirements
contained herein.
As used in this chapter, the following terms
shall have the meanings indicated:
A method of harvesting where virtually all trees on site
are removed.
Any timber harvesting other than for the personal use of
the owner of the property shall be deemed commercial timber harvesting.
A method of harvesting where merchantable trees of a particular
diameter or larger are cut.
The Code Enforcement Officer of the Town of Fallsburg, New
York, who shall utilize the services of a professional forester, as
provided herein, and may utilize such services as needed.
A constructed road of dirt and/or gravel utilized for moving
cut trees from the point where they are loaded on a truck to an exit
from the site.
An open or cleared area used for loading logs onto trucks
or used for any general purpose, such as for storing logs or for servicing
equipment.
The person or persons who will be performing the actual work
required to cut and remove the timber from the work site.
Any residue of trees or of the associated cutting left on
the site after the harvesting operation, including, but not limited
to, undesirable tree trunks, tree tops and litter.
The designated diameter of the stumps of trees to be cut,
which diameter of the remaining stumps can be checked after the tree
is cut.
Guidelines, as published by the New York State Department
of Environmental Conservation, and any revision of those guidelines.
A graduate forester from an accredited forestry college who
has at least two years of experience in the field of forest management
or timber-product harvesting.
A method of harvesting where trees to be cut are selected
and marketed via some specified criteria before the harvesting begins.
A 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.
A cut pile of wood measuring four feet by four feet by eight
feet.
A body of running water flowing continuously or intermittently
in a channel of natural formation on the surface of the ground.
A selective cutting or deadening of trees in an immature
stand of trees for the purpose of upgrading the quality and/or growth
of the trees left.
Small diversion berms, for the purpose of erosion and sediment
control, built up across haul roads, skid trails and landings and
which are designed to divert stormwater runoff into adjacent vegetated
areas and release the runoff in a manner to minimize erosion damage.
