City of North Adams, MA
Berkshire County
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Table of Contents
Table of Contents
[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:
An approved cutting plan issued by the Commonwealth of Massachusetts, pursuant to MGL c. 132, §§ 40 through 46; or
A final order of condition issued pursuant to MGL c. 131, § 40.
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.
The permit, if issued, shall contain conditions necessary to protect the public health, safety, welfare, recreation, wildlife habitat and aesthetics of the community.
In the event that the applicant's previously approved cutting plan is amended pursuant to MGL c. 132, §§ 40 through 46, and all regulations adopted under MGL c. 132, § 41, then written notice of such amendment will be given to the Conservation Commission by certified mail.
[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.
Editor's Note: Former Sec. 25-7, Penalties, as amended or added by an ordinance of 4-9-1985, was repealed by an ordinance of 2-9-1999, which ordinance also provided for the renumbering of Sections 25-8 through 25-11 as Sections 25-7 through 25-10, respectively.
[Ord. of 4-9-1985; Ord. of 10-22-1985]
This chapter shall not apply to any major forest cutting operation for which a cutting plan has been approved pursuant to MGL c. 132, §§ 40 through 46 and all regulations adopted under MGL c. 132, § 41, prior to the enactment of this chapter.
[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.