The purpose of this Article is to promote the health and safety of the residents of the town by protecting the natural environment as affected by timber harvesting. The town recognizes that the timber resource in the town is of significant value and will be harvested. The town also recognizes that if timber harvesting practices are poorly carried out, they can result in significant environmental damage to the land and to adjacent lands and waters. Thus, the following requirements are intended to regulate those harvesting activities that most readily render environmental damage, such as stream crossings and the location of landings, haul roads and skid trails; to require reclamation efforts that can 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 plans.
For the purpose of this Article, the following terms shall apply:
BOARD FOOT
A measure of lumber 12 inches by 12 inches by one inch.
CLEARCUTTING
A method of harvesting where virtually all trees on a site are removed.
COMMERCIAL TIMBER HARVESTING
Timber harvest activity that fells trees whose volume in any year is greater than 20 standard cords of wood or 1,600 cubic feet of wood or 10,000 board feet of timber as measured by the International Log Rule. In addition to normal harvesting activities, the clearing of lands for agricultural or building purposes or utility line rights-of-way which shall fell trees greater than the aforesaid volumes shall specifically be included within this definition.
DIAMETER LIMIT CUTTING
A method of harvesting where merchantable trees of a particular diameter or larger are cut.
HAUL ROADS
A constructed road of dirt and/or gravel utilized for moving cut trees from the point where they were loaded on a truck to an exit from the site.
INTERNATIONAL ONE-FOURTH-INCH LOG RULE
A professionally recognized and accepted methodology for grading and measuring logs.
LANDINGS
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.
LOGGING SLASH AND DEBRIS
Any residue of trees or of the associated cutting left on the site after harvesting operation, including but not limited to undesirable tree trunks, tree tops and litter.
MINIMUM STUMP DIAMETER
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.
PROFESSIONAL FORESTER
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.
SELECTION CUTTING
A method of harvesting where trees to be cut are selected and marked via some specified criteria before the harvesting begins.
SKID TRAIL
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.
STANDARD CORD
A cut pile of wood measuring four feet by four feet by eight feet.
STREAM
A body of running water flowing continuously or intermittently in a channel on the surface of the ground.
THINNING
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.
WATERBARS
Small humps or diversions for the purpose of erosion and sediment control built up across roads and landings which catch and divert runoff into adjacent vegetated areas and release the runoff in a nonerosive manner.
[Amended 9-22-1988 by L.L. No. 4-1988]
It is hereby required that a timber harvesting permit be obtained from the Planning Board by anyone desiring to harvest timber in quantities greater than 50 standard cords of wood or 4,000 cubic feet of timber as measured by the International Log Rule in any one year in the town. Such permit shall be applied for jointly by the property owner and the logger. If the owner of the property on which said timber is located is an active cooperator under the New York State Cooperative Forest Management Program or the Forest Practice Act[1] Program or if the property is currently receiving tax benefits under the provisions of § 480-a of the Real Property Tax Law, the Planning Board, in its discretion, may waive this permit requirement provision. However, the town shall enforce all other provisions of this Article in pertaining to the application procedure.
[1]
Editor's Note: See § 9-0301 of the Environmental Conservation Law.
All commercial timber harvesting pursuant to this Article shall comply to the following standards:
A. 
No forest haul road or skid trail shall be constructed to exceed a slope of 25% for a distance of more than 200 feet. The applicant shall take appropriate measures to divert running water from the roads at intervals in order to minimize erosion.
B. 
Slopes that are designated in yellow on the map adopted with this chapter may be harvested if a permit is issued but shall have no haul roads or constructed skid trails located on them. One haul road may be constructed across a critical slope solely for the purpose of connecting a noncritical harvestable area to a town road if no other access is available and upon such conditions as may be imposed by the Town Board. Random individual tree skidding will be allowed.
C. 
All streams shall be crossed by temporary culverts or bridges and such crossings shall be made in a direction at a right angle to the flow of the stream unless, under the provisions of the Stream Protection Law,[1] a Department of Environmental Conservation permit requires more stringent measures, which more stringent measures shall be complied with by the logger and the landowner.
[1]
Editor's Note: See § 15-0501 et seq. of the Environmental Conservation Law.
D. 
There shall be no skidding in any stream channel, and all logging slash and debris shall be promptly removed from any stream channel.
E. 
The Planning Board may require placement and maintenance of waterbars to protect streams at such points as landings or other areas of considerable disturbance.
[Amended 9-22-1988 by L.L. No. 4-1988]
F. 
Buffer strips shall be retained at least 50 feet wide along streams and at least 100 feet wide along pubic roads. Within such buffer strips, no trees of less than 12 inches' stump diameter shall be harvested unless the property is in the Cooperative Forest Management Program and the trees have been marked by a Department of Environmental Conservation forester. No landings shall be located within buffer strips abutting streams. Landings located within buffer strips abutting roads shall be properly graded and waterbarred to prevent sediment from washing into the drainage ditches along the public road.
G. 
The entrance of haul roads onto town roads shall be done in compliance with town regulations.
H. 
Site reclamation.
(1) 
Upon completion of the harvesting activity, reclamation of the site shall be performed by the applicant. Haul roads shall have waterbars placed at the following intervals:
Road Grade
(percent)
Spacing
(feet)
2 to 5
300 to 500
6 to 10
200 to 300
11 to 15
100 to 200
16 and greater
100
(2) 
Haul roads and skid trails shall be smoothed, sloped, ditched and seeded with perennial grasses, as needed. Landings shall be smoothed, seeded and protected with waterbars, as needed. At stream crossings, temporary stream culverts and bridges shall be removed, and stream banks shall be restabilized and protected with waterbars. All reclamation efforts shall be subject to inspection by the town to assure compliance with this provision.
A. 
No commercial timber harvesting shall be undertaken until granted a special permit, as approved by the Planning Board, in accordance with procedures outlined in § 219-74 herein.
B. 
An application for a timber harvesting permit shall include:
(1) 
An application fee of $1 per acre.
(2) 
A description of the proposed harvesting activity, including a description of the type of harvesting, i.e., clearcutting, diameter limit cutting (in which case the minimum stump diameter shall be designated), thinning or selection cutting.
(3) 
The dates between which such harvesting activity will occur.
(4) 
Sufficient information to determine that the proposed harvesting activity will comply with the standards for harvesting set forth herein.
[Amended 9-22-1988 by L.L. No. 4-1988]
(5) 
A map showing the specific areas to be harvested and the location of proposed forest haul roads, landings and stream crossings. The map shall be at a scale of 1:24,000 (such as a United States Geological Survey Topographic Map, a New York State Department of Transportation Planimetric Map or Town Tax Map) or any scale of a smaller ratio such that a larger map is produced.
(6) 
A bond or certified check as required herein.
C. 
Upon receipt of an application for a timber harvesting permit, the Planning Board shall, at its option, submit the application to the Department of Environmental Conservation and request a review of the application by a Department of Environmental Conservation forester or to a professional forester selected by the Planning Board for review. In a case where the timber is being harvested for the purpose of clearing the land for conversion to agricultural use, building purposes or for utility line rights-of-way, the Planning Board may, in its discretion, waive this review requirement.
D. 
Performing bond. As a part of the permit requirement procedure as defined in § 219-49, a performance bond or certified check shall be posted with the Town Clerk by the logger in amount of $30 per acre of land up to an amount not to exceed $2,500 in order to assure compliance with the provisions of this Article.
[Amended 9-22-1988 by L.L. No. 4-1988]