[Ord. of 4-9-1985]
For the purposes of this chapter the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The cutting of more than 30% of the standing timber over
eight inches diameter breast height per acre, or clear cutting of
more than five acres or any cutting which includes 30 acres or more.
Any individual, association, partnership, corporation, company,
business organization, trust, estate, the commonwealth or political
subdivision thereof, or any other legal entity, excluding state or
federal governments operating on state or federal land.
[Ord. of 4-9-1985]
No person shall engage in major forest cutting operations within
the City of North Adams before obtaining a permit from the Conservation
Commission.
[Ord. of 4-9-1985]
The person shall apply for a permit in writing, including a
copy of the proposed cutting plan, to the Conservation Commission,
by certified mail or hand delivered to the City Clerk of the City
of North Adams, to be forwarded to the Conservation Commission. A
public hearing shall be held within 14 days after one-day notice of
hearing is published in a local newspaper. The cost of the newspaper
notice will be paid by the person applying for said permit. The person
shall furnish a list of the abutting property owners to the Conservation
Commission. The Conservation Commission will notify all abutting property
owners of the public hearing by first class mail.
The Conservation Commission will issue a permit when the required cutting plan is in compliance with MGL c. 132, §§ 40 through 46, and all regulations adopted under MGL c. 132, § 41, and all applicable ordinances, or issue a denial of permit with reasons therefor in writing, within seven days of the public hearing.
Proof of liability insurance by landowner or logging operations
shall be made to the Conservation Commission prior to issuance of
said permit.
Any person may obtain from the Conservation Commission an exemption
from the provisions of the chapter by demonstrating possession of:
(2)Â
A final order of condition issued pursuant to MGL c. 131, § 40.
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If a major forest cutting operation involves the removal, filling, dredging or altering of any bank, fresh water wetland, flat, marsh, meadow, bog, swamp, creek, river, stream, pond or land under said waters or any land subject to flooding, a nature of intent must be filed pursuant to MGL c. 131, § 40, prior to issuance of a permit. Definitions set forth in MGL c. 131, § 40 are hereby incorporated into this chapter and made a part hereof.
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The permit, if issued, shall contain conditions necessary to
protect the public health, safety, welfare, recreation, wildlife habitat
and aesthetics of the community.
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[Ord. of 4-9-1985]
That area of land where logs are located in order to cut into
lengths for the loading of said logs on trucks or other vehicles will
not be allowed within 200 feet of a dwelling other than that of the
owner of the property upon which the major forest cutting operation
is being conducted, unless prior approval of the Conservation Commission
has been granted.
[Ord. of 4-9-1985]
All activity connected with the major forest cutting operation,
including but not limited to sawing, loading and skidding operations,
shall be restricted to the hours of 8:00 a.m. and 6:00 p.m., Monday
through Saturday, in those areas zoned residential, and no such activity
shall be permitted on Sunday or holidays.
[Ord. of 4-9-1985]
The Conservation Commission is hereby empowered to enforce strict
compliance with all state statutes and regulations relating to major
forest cutting operations. Upon determination, after notice to all
interested parties, including the Division of Forest and Parks of
the Department of Environmental Management, that a violation of state
statutes, rules and regulations and/or this chapter has occurred,
the Conservation Commission shall be empowered to issue stop orders
and seek further enforcement of said statutes, regulations and/or
chapter by filing an action in the Superior Court.
[Ord. of 4-9-1985]
Any person aggrieved by a decision of the Conservation Commission
may, within 10 days from said Commission's decision, appeal such
decision to the Superior Court. The party making such appeal shall
at the same time send a copy thereof, by certified mail or hand delivered
to the City Clerk, to be forwarded to said Conservation Commission.
[Ord. of 4-9-1985; Ord. of 10-22-1985]
[Ord. of 4-9-1985]
No major forest cutting operations shall be conducted in those
areas zoned residential within 40 feet of an abutters property line
or within 200 feet of a residence other than that of the property
owner without the prior permission of the Conservation Commission.
[Ord. of 4-9-1985]
In the event that any portion of this chapter is declared null
and void by a court of competent jurisdiction, such invalidity shall
not affect any remaining portions.
