[HISTORY: Adopted by the Town Board of the Town of Hyde Park 3-28-2011 by L.L. No.
2-2011. Amendments noted where applicable.]
This chapter is enacted pursuant to the authority granted by
the Legislature under Town Law § 263 and Municipal Home
Rule Law § 10.
A.
The forest resources of the Town of Hyde Park help provide clean
water, a diversity of habitat for wildlife, outdoor recreational activities,
and a wide range of wood products. Franklin Delano Roosevelt recognized
the importance of forestry in the Town of Hyde Park and he planted
20,000 to 55,000 trees per year on his property from 1930 to 1945.
FDR actively harvested his forest lands.
B.
Chapter 602 of the Laws of New York of 2003 established an affirmative
right to practice forestry in the State of New York. The purpose of
that act was: "(1) to respect the existing common law right to engage
in forestry practices in order to maintain such practices for the
benefit of the state; (2) to protect the existence and operation of
existing forest activities; (3) to encourage the initiation and expansion
of additional forestry businesses; (4) to discourage inadvertent impediments
to the practice of forestry that may result from well meaning but
poorly constructed local ordinances concerning forestry activities;
(5) to improve understanding of the economic and environmental contributions
that well managed forests bring to the state; and (6) to deter the
unlawful taking of trees by increasing criminal and civil penalties."
Section 5 of Chapter 602 amended NY Town Law § 263 to direct
all Towns in New York State that their zoning laws shall "facilitate
the practice of forestry."
C.
Zoning laws that discourage forestry uses, or that make the practice
of forestry uneconomical, force forest owners to change their property
to uses out of forest cover. At present several properties within
the Town have forest tax exemptions. Conservation easements on other
properties in the Town permit forestry as a conservation activity.
It is in the best interest of the Town to keep these properties as
forest land, to encourage other forest parcels to be continued as
forest land and to create new forest land where possible.
D.
[1]The Town recognizes that timber resources are of significant
value and should be harvested. The Town also recognizes that if harvesting
practices are carried out poorly, they can result in significant and
direct environmental damage to water quality, land and infrastructure.
This chapter requires the landowner, logger and his agent to be responsible
for implementation of the best management practices as outlined in
this chapter.
[1]
Editor's Note: Former Subsection D, regarding the 2005 publication
A Municipal Official's Guide to Forestry in New York State, was repealed 1-25-2021 by L.L. No. 1-2021. This local law also provided for the redesignation of
former Subsection E as Subsection D.
For the purpose of this chapter, the following terms shall apply:
Any person, corporation, firm, partnership or other entity
having written authorization from the owner of property for the purpose
of representing the property owner in his or her dealings with the
Town and its officers and certified by the property owner in writing,
over his signature on the permit application form for this purpose.
Examples of agents include but are not limited to loggers, foresters,
family members, tenant and adjacent landowners.
The act of the landowner and/or the landowner's agent, of
submitting a completed permit information form to the Zoning Administrator,
signed by the property owner and his agent (if applicable).
[Amended 1-25-2021 by L.L. No. 1-2021]
The cross-sectional area of all stems of a species or all
stems in a stand measured at breast height (4.5 feet or 1.37 meters
above the ground) and expressed per unit of land area.
Devices and procedures to be considered and used as necessary
to protect the values and functions of forested land during harvesting
and during other forest management operations. For purposes of this
chapter, the "best management practices" shall be defined as the current
best management practices of forestry accepted by the New York State
Department of Environmental Conservation, including but not limited
to: A Landowner's Guide to Building Forest Access Roads, by Richard
Wiest, USDA NA-TP-06-98, July 1998, and Best Management Practices
for Water Quality BMP Field Guide, New York State Forestry (Last Revised
2007), as such documents may be amended or supplemented from time
to time.
Any cutting of trees over six inches in diameter at breast
height over any ten-year cutting cycle where the average residual
basal area of such trees after such cutting is less than 30 square
feet per acre, measured within the area harvested.
The official designated by resolution of the Town Board to
enforce the provisions of the chapter.
The business of felling trees for commercial forest products
and/or firewood production and/or sale other than:
Felling trees for firewood production for the personal use of
the landowner or the immediate family members of such landowner fewer
than 25 standard cords within a twelve-month period.
Production of saw logs by the landowner for the personal use
of the landowner or the immediate family members of such landowner
of fewer than 10,000 board feet within a twelve-month period.
Harvesting Christmas trees derived from a managed Christmas
tree operation whether dug for transplanting or cut from the stump.
An on-farm timber operation as such is defined under Agriculture
& Markets Law § 301, Subdivision 14.
New York State Department of Environmental Conservation or
its successor agency.
A constructed road of dirt and/or gravel utilized for moving
cut trees from the point where they are loaded on a truck to exit
from the site.
An open or cleared area used for loading logs onto trucks
or used for any purpose such as storing logs or servicing equipment.
An individual, corporation, firm, partnership or other entity
contracting with an owner of property in the Town for the purpose
of commercial timber harvesting on said property.
A concise, time-specific statement of measurable planned
results that correspond to pre-established goals in achieving a desired
outcome. (An objective commonly includes information on resources
to be used, forms the basis for further planning to define the precise
steps to be taken and the resources to be used and assigned responsibility
in achieving the identified goals.)
A planned series of treatments designed to change current
stand structure to one that meets management goals taking into account
ecological, economic, and societal constraints.
An individual who is:
A professional member of the Society of American Foresters;
A member of the Association of Consulting Foresters;
A forester approved by the New York City Department of Environmental
Protection Watershed Agricultural Council; or
A person having a degree in forest management from a college
or university program recognized by the United States Department of
Education, the New York State Board of Regents, the Council for Higher
Education Accreditation or the Society of American Foresters.
The art and science of controlling the establishment, growth,
composition, health, and quality of forests and woodlands to meet
the diverse needs and values of landowners and society on a sustainable
basis.
Temporary trail or rough road used to move a tree-length
log from the place where it was cut to a pile or landing where it
is loaded onto a truck.
Cut wood stacked four feet high by four feet wide by eight
feet long. A standard cord is equivalent to 128 cubic feet or solid
wood equivalent to 85 cubic feet.
A body of running water flowing continuously in a defined
channel with bed and banks on the ground surface.
[Amended 1-25-2021 by L.L. No. 1-2021]
No person, firm, partnership, corporation or other entity (hereinafter referred to as "person") shall engage in commercial timber harvesting, as defined in this chapter, without the issuance of a special use permit and site plan approval in accordance with the provisions of § 102-6.
All commercial timber harvesting pursuant to this chapter shall
be supervised by a qualified forester and shall comply with the following
standards:
A.
In order to minimize erosion, all haul roads and skid trails shall
be constructed and maintained in accordance with the best management
practices set forth in A Landowner 's Guide to Building Forest Access
Roads, by Richard Wiest, USDA NA-TP-06-98, July 1998, and Best Management
Practices for Water Quality BMP Field Guide, New York State Forestry
(Last Revised 2007).
B.
In order to minimize streambank erosion there shall be no skidding
up and down any stream channel. All logging slash and debris shall
be promptly removed from any such channels. There shall be no skidding
on any public roads.
C.
In order to minimize streambank erosion the applicants will be responsible
for complying with all DEC and Army Corps of Engineers (ACOE) permitting
requirements during stream and/or wetland crossings.
D.
Clear-cutting shall only be allowed with a permit issued pursuant
to § 102-6(F).
E.
In order to maintain the integrity of streambanks, all operations
within the area of streams shall conform to the Best Management Practices
for Water Quality BMP Field Guide, New York State Forestry, or any
succeeding standards adopted by DEC.
F.
Landings shall not be in the public right-of-way and shall be properly
graded to prevent sediment from washing into streams, public roads
or drainage ditches along public roads.
G.
If applicable, all operations shall comply with the terms of the
incidental taking permit issued by DEC pursuant to the provisions
of 6 NYCRR 182.
H.
Site reclamation shall be performed as soon as site conditions allow
either during, or upon completion of the harvesting activity, and
shall conform to the Best Management Practices for Water Quality BMP
Field Guide, New York State Forestry, or any succeeding standards
adopted by DEC. The following shall be considered to complete site
reclamation:
(1)
Haul roads, skid trails and landings shall have permanent erosion
control and drainage structures installed as necessary to prevent
soil movement and water quality degradation. Waterbars, dips, diversion
ditches or other appropriate management structures should be placed
in accordance with Best Management Practices for Water Quality BMP
Field Guide to reduce erosion.
A.
A person desiring to engage in commercial timber harvesting in the
Town shall file a timber harvesting permit application with the Zoning
Administrator (ZA), together with payment of the timber harvesting
application fee in an amount which shall be set from time to time
by resolution of the Town Board in the Town Fee Schedule. The application
shall be signed by the owner of the real property on which the activity
will occur or their designated agent.
[Amended 1-25-2021 by L.L. No. 1-2021]
B.
The ZA shall not accept for review any application which does not
contain the required information. The ZA shall make available to the
applicants the permit application and a copy of this chapter. Copies
of Best Management Practices for Water Quality BMP Field Guide, A
Landowner's Guide to Building Forest Access Roads, by Richard Wiest,
and other appropriate educational materials shall be available in
the Town Clerk's Office for public inspection and links to such publications
shall be maintained on the Town's website.
[Amended 1-25-2021 by L.L. No. 1-2021]
C.
A forest management plan, Real Property Tax Law § 480-a
management plan, a forest stewardship incentive plan, or any other
qualified forest management plan approved by DEC can be used in place
of the permit application.
D.
Basic timber harvest application.
(1)
A basic timber harvest application requires the following information:
(a)
Names, signatures and addresses of landowner and his or her
logger, forester or agent (if applicable);
(b)
The name of the forester who prepared the application, and his
or her forestry qualifications;
(c)
Tax map number(s) of the property to be harvested;
(d)
A copy of a United States Geological Survey 7.5-minute quadrangle
topographic map, a US TOPO Map, or a property survey with elevation
contours at a scale of 1:24,000 or less, showing the area to be harvested
and all lands within 1/4 mile thereof, wetlands, waterbodies (including
permanent streams), roads and the approximate locations of property
boundaries, landing areas, haul roads, and skid trails clearly marked;
(e)
Approximate dates of harvesting and approximate volume of timber
to be harvested;
(f)
A silvicultural prescription including the following:
(g)
An incidental taking permit for endangered, and threatened species
issued by DEC pursuant to the provisions of 6 NYCRR 182 or a letter
from DEC issued pursuant to 6 NYCRR 182.9 that the proposed activity
is not subject to regulation. A forest management plan, Real Property
Tax Law § 480-a management plan, a forest stewardship incentive
plan, or any other qualified forest management plan previously approved
by DEC is exempt from this provision as the review has previously
been done;
(h)
A description of the best management practices that are proposed to be applied to skid trails, landings and haul roads within the harvest area for erosion and sediment control and any other information that is necessary to comply with the provisions of Chapter 93 of this Code (Stormwater Management and Erosion and Sediment Control); and
(2)
If the ZA determines that the basic application i) is complete; ii) that it is not an application for clear-cutting as that term is defined in § 102-3 of the Town Code; iii) that the haul roads in the area to be harvested do not have slopes exceeding 15% for more than 200 feet; and iv) that no streams are present and/or contiguous to the harvest area as shown on the topographic map(s), the above steps will complete the basic information required for the timber harvesting application and he/she shall forward the application to the Planning Board for future action as provided hereinafter.
[Amended 1-25-2021 by L.L. No. 1-2021]
(3)
A forest management plan, Real Property Tax Law § 480-a management plan, a forest stewardship incentive plan, or any other qualified forest management plan previously approved by DEC is deemed to be a complete basic timber harvest application if it is accompanied by a driveway permit or equivalent as set forth in Subsection D(1)(i) above.
E.
Full timber harvest application.
(1)
If the haul roads in the harvest area have a slope greater than 15%
for more than 200 feet or there is a stream in the harvest area, as
shown on the topographic map(s), then the following additional information
is required for a full timber harvest application:
[Amended 1-25-2021 by L.L. No. 1-2021]
(a)
The approximate location of haul roads, skid trails and stream
crossings will be identified on the project application map;
(b)
A description of the best management practices applied to the
harvest area pertaining to riparian areas, haul roads, skid trails
and landings;
(c)
A copy of any necessary permits issued by the DEC and/or the
US Army Corps of Engineers necessary to cross any streams.
(2)
[1]A forest management plan, Real Property Tax Law § 480-a management plan, a forest stewardship incentive plan, or any other qualified forest management plan previously approved by DEC is deemed to be a complete full timber harvest application if it is accompanied by a driveway permit or equivalent, as set forth in Subsection D(1)(i) above, and copies of all permits required by DEC and/or the US Army Corps of Engineers.
[1]
Editor's Note: Former Subsection E(2), regarding issuance
of a permit by the CEO, was repealed 1-25-2021 by L.L. No. 1-2021.
This local law also provided for the redesignation of former Subsection
E(3) as Subsection E(2).
F.
Clear-cutting application.
(1)
In addition to the general requirements for applications shown above,
no application for a clear-cutting permit shall be deemed complete
unless it includes a draft harvest plan prepared by a qualified forester
containing:
(a)
The map required by § 102-6D(1)(d) showing:
(b)
A description of the location and nature of any harvesting on
the area to be clear-cut or within 1/4 mile thereof within the prior
10 years.
(c)
A description of harvest methods (including use of portable
chippers), preharvest and postharvest techniques and harvest objectives.
(d)
In the event pesticide or herbicide use is proposed, the name
of the chemical, the applicator and the manner and rate of application.
(2)
Standards for the review of clear-cutting.
(a)
If the CEO is not a qualified forester, the CEO shall retain the services of an independent qualified forester in the manner provided for by § 102-7A to review the clear-cutting application.
(b)
The CEO will not issue a permit to allow clear-cutting unless:
[1]
The clear-cutting is for a recognized silvicultural purpose;
[2]
There are adequate buffers on the shorelines of lakes, ponds,
rivers or streams; along major travel corridors, and, if necessary,
around dwellings on adjacent lands, so as to preserve water quality
and visual quality and to control noise;
[3]
If applicable, habitats of rare and endangered species will
be protected in accordance with the provisions of any incidental taking
permit issued pursuant to 6 NYCRR 182;
[4]
Regeneration of timber is assured;
[5]
If proposed, and if allowed by the CEO, any use of pesticides
and herbicides will be strictly controlled;
[6]
Harvest will be controlled by qualified personnel by contract,
marked stand, direct supervision, or other adequate means;
[7]
The storage, mixing, or bulk handling of fuel, chemicals, or
other hazardous materials will be strictly controlled;
[8]
The provisions of this chapter will be strictly adhered to;
and
[9]
The independent forester has approved the clear-cutting application
in writing.
G.
Referral
to Planning Board for special permit and site plan approval.
[Added 1-25-2021 by L.L. No. 1-2021]
(1)
When the full timber harvest application and, if applicable, clear-cutting
applications are complete, the ZA shall forward the entire application
to the Planning Board for special permit and site plan review and
approval for the timber harvesting application in accordance with
the special use permit and site plan application procedures set forth
in Article VIII and Article IX of the Hyde Park Code.
(2)
All timber harvesting operations shall be conducted in accordance
with the approved timber harvesting plan. The timber harvesting plan
shall be developed by the New York State Cooperating Consultant Forester
or a professional forester with active membership in the Society of
American Foresters or the Association of Consulting Foresters. Such
plan shall contain the following information:
(a)
Location of haul roads, trails, landings and staging areas;
(b)
Limits of harvesting operation and buffer zones to be provided
along streams, property boundaries and public roads;
(c)
Description of the harvesting activity, i.e., clear-cutting,
diameter limit cutting, fitting, section cutting, including the dates
between which such harvesting activity will occur;
(d)
Erosion control plan;
(e)
Reclamation plan; and
(f)
Such other and further information and documentation as the
Planning Board may require.
(3)
Where appropriate, permits will be secured by the applicant prior
to any clearing for an access to a public road, stream crossing or
wetlands disturbance. The Town of Hyde Park Highway Superintendent
shall approve all access points within his/her jurisdiction.
(4)
The Planning Board shall be permitted to seek advice from the Dutchess
County Soil and Water Conservation District in relation to the logging
road layout and stream disturbances and shall be permitted to retain
the services of an independent qualified forester to review any clear-cutting
activities, or any other as part of the application.
(5)
Loading areas which must be located in the same zone as the operation
shall be smooth to remove all ruts and debris. Wood and soil waste
material shall be buried or removed to a point out of sight of any
road or adjacent property. A fifty-foot buffer zone shall be required
between any logging area or landing site and any public road or adjacent
property.
(6)
No commercial logging operations or removal of product shall take
place between the hours of 8:00 p.m. and 8:00 a.m.
(7)
The Zoning Administrator shall have the authority to order the suspension
of logging operations if, in his/her opinion, conditions created by
spring thaw, adverse weather or any other cause make soil erosion
probable.
(8)
The Town Highway Superintendent shall have the authority to:
(a)
Order the suspension of logging operations if it is determined
that conditions created by the spring thaw, adverse weather or other
cause may likely damage a public road.
(b)
Restrict the weight of logging trucks in accordance with the
capabilities or condition of roads, bridges, and culverts.
(c)
Require the repair of roads, bridges, and culverts damaged as
a result of a logging operation.
(9)
All streams shall be crossed in accordance with the provisions of
New York State Environmental Conservation Law Article 15 and all other
applicable state and federal laws, rules and regulations.
(10)
There shall be no skidding in any stream channel except at approved
stream crossings.
(11)
Haul and skid trails shall be maintained and abandoned in a
manner that will prevent erosion.
(12)
The logger shall clean up any debris or deposits of any kind
on public roads and shall repair or pay the cost of repair of any
damage done to roads, curbs, utility lines and any other property
resulting from the logging operation.
(13)
The Planning Board may require that, prior to completion of
the operation, a report be filed by the forester with the Planning
Board and Zoning Administrator indicating what measures have been
taken in order to restore the property and prevent erosion.
(14)
The term of this permit shall be for one year. However, since
the operation may be adversely affected or delayed by unusual circumstances
of weather or other occurrences, a one-year extension may be granted
by the Zoning Administrator. Any additional extensions shall require
application to the Planning Board.
(15)
The Planning Board shall have the right to require any additional
conditions, including, but not limited to, restoration of damaged
roads and expanded buffer areas, deemed necessary to protect the health,
welfare and safety of the residents of the Town of Hyde Park.
(16)
Any logging operation in existence at the time of the enactment
of this chapter may continue without interruption, provided that application
be made within 30 days of said enactment for a special use permit
and site plan approval under the provisions of this chapter and that
such permit be granted by the Planning Board.
(17)
Bonding. The Planning Board shall have the power to require
bonding to ensure that the logging activities shall not cause any
damage to any public road or right-of-way and to ensure the repair
of any damage done to roads, curbs, utility lines and any other property
resulting from the logging operation.
A.
It shall be the duty of the CEO to enforce the provisions of this
chapter. The Town may at its sole discretion ask for assistance from
a separate individual including but not limited to the Soil and Water
Conservation District and/or a qualified forester of the Town's choice
to review timber harvesting applications and make recommendations
on permit approval to the Town Code Enforcement Officer. The Town
will have ultimate authority to decide on permit acceptance and enforcement.
(1)
The Town may require the applicant to establish an escrow account
to pay the reasonable costs at prevailing rate for the services of
a qualified forester to review the permit. If an escrow is required,
the application is not complete until such escrow is posted.
B.
By receipt of permit application the Town and its agents are given
authority to inspect and enforce provisions of this chapter. The Code
Enforcement Officer, or his or her designee, may after serving a notice
of inspection upon the owner enter, examine and survey all grounds
affected by the timber harvest in order to ascertain whether such
rules and regulations in this section are complied with by any person
regulated by this chapter. The Town may at its discretion inspect
the site upon completion of the timber harvesting operation to determine
if all reclamation efforts have been completed.
C.
Upon notification by the CEO to the applicant of any violation hereunder,
the timber-harvesting permit granted to such applicant may be suspended
and/or revoked. Upon suspension or revocation, as the case may be,
all operations shall immediately cease, and the applicant shall take
immediate steps to implement the actions necessary to come into compliance
with the application and timber-harvesting permit. Such suspension
or revocation notice may contain conditions to be met to obtain reinstatement
of the permit.
D.
Pursuant to § 150.20 of the Criminal Procedure law and
in accordance with § 10, Subdivision 4(a) of the Municipal
Home Rule Law, the CEO, Town police officers, and the Zoning Administrator
of the Town are hereby authorized to issue and serve appearance tickets
with respect to any violation of this chapter.
E.
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 chapter.
F.
An enforcement action for violations of this chapter may be brought
against the owner, an agent, a logger, and any or all of them, where
a violation of any provision of this chapter has been committed or
shall exist.
A permit issued pursuant to this chapter shall be valid for
10 years from the date of issuance.
A.
A violation of this section shall be deemed an offense punishable
by:
(1)
For a first offense, a fine of not less than $100 nor more than $1,000.
(2)
For a second offense committed within five years of the first offense,
a fine of not less than $300 nor more than $2,000, or a period of
imprisonment not to exceed 15 days, or both.
(3)
For a third offense committed within five years of the first offense,
a fine of not less than $1,000 nor more than $5,000, or a period of
imprisonment not to exceed 15 days, or both.
B.
Each day's documented violation and notice after the original notice
thereof shall have been given shall be deemed a separate and distinct
offense hereunder. Such notice shall be in writing, signed by the
CEO, and shall be served upon the person or persons, personally, or
at his or their last known address or at the address listed in the
application.
There may be situations where strict adherence to certain provisions
of this chapter is impossible or impractical. The Zoning Board of
Appeals shall have the power, upon an appeal from a decision or determination
of the CEO, to grant variances from the strict application of this
law. Substantial variation from the law may require separate SEQR
review.
Neither the issuance of a permit, nor the compliance with the
provisions hereof or with any conditions imposed in the permit issued
hereunder, shall relieve the permittee from the full responsibility
for any damage whatsoever to other persons or property, nor impose
any liability upon any officer, agent or employee of the Town for
damage to persons or property.
Special permits for logging issued by the Town of Hyde Park
Planning Board prior to the effective date of this chapter shall continue
in effect, and no new application under this chapter is required.
