[Ord. 247, 9/22/1993,
§ 1]
It is the intent of this Part to promote the welfare of the
people of the Township of Leet by providing for regulation of the
removal of trees in such a way as to protect and preserve the environment,
roads and quality of the community in general. Trees are a natural
resource and an integral part of the natural landscape of the town,
providing soil erosion control, surface water flow barriers and scenic
beauty and fostering myriad plant and wildlife species. The removal
or harvest of trees is therefore of prime concern to the people of
the Township of Leet and shall not be permitted except as hereinafter
provided.
[Ord. 247, 9/22/1993,
§ 2]
No provision of this Part shall be construed to repeal, modify
or constitute an alternative to any lawful zoning, building construction,
mining, land subdivision or environmental quality review law or any
applicable state or federal regulation. Where the provisions of any
such other law or regulation impose more stringent restrictions than
are required by this Part, the provisions of such law or regulation
shall govern.
[Ord. 247, 9/22/1993,
§ 3; as amended by Ord. 256, 9/11/1995, § 1]
1.
General Construction of Language. All words used in the present tense
include the future tense; all words in the plural number include the
singular number; and all words in the singular number include the
plural number, unless the natural construction of the wording indicates
otherwise. Unless otherwise specified, all distances shall be measured
horizontally. The word "Township" means the Township of Leet; the
term "Township Board" means the Board of Commissioners of said Township;
the term "Zoning Inspector" means the inspector designated by the
Township to administer this chapter and shall include the term "Building
Inspector." The word "shall" is mandatory and not directory." The
term "Zoning Inspector" and the term "Building Inspector" may and
shall also include and be used and interpreted interchangeably with
the term "Township Forester/Consultant." An applicant for a timber
harvesting permit may be the owner of the said property upon which
timber harvesting shall occur.
2.
BOARD-FOOT
COMMERCIAL TIMBER HARVESTING
NONCOMMERCIAL TIMBER HARVESTING
PROFESSIONAL FORESTER
STANDARD CORD
Definitions. As used in this Part, the following terms shall have
the meanings indicated:
A measure of lumber 12 inches by 12 inches by one inches
as measured by International 1/4 Log Rule.
The cutting or removal of live healthy trees for sale or
exchange of goods, commodities or services when it is not performed
in connection with legally permitted soil mining, building construction
or building site development.
The cutting or removal of trees when it is not performed
as commercial timber harvesting.
A person who has a minimum of a bachelor of science degree
in forestry from a four-year college accredited by the Society of
American Foresters and acceptable to the Board of Commissioners.
A cut stack of wood measuring four feet by four feet by eight
feet or 128 cubic feet.
[Ord. 247, 9/22/1993,
§ 4]
There shall be no cutting or removal of trees from any property
in the Township of Leet except as provided herein. These provisions
shall not be construed as prohibiting or limiting the normal maintenance
of trees or property through the selective removal of tree limbs,
dead or diseased trees or brush.
[Ord. 247, 9/22/1993,
§ 5]
1.
No person, firm or corporation shall conduct any commercial timber
harvesting operation in the Township without first obtaining a timber
harvesting permit from the Board of Commissioners.
2.
No person, firm or corporation shall conduct noncommercial timber
harvesting in the town where the total harvest is to equal or exceed
15 standard cords of wood or 1,920 cubic feet of wood or 7,500 board-feet
of timber in a twelve-month period without first obtaining a timber
harvesting permit from the Board of Commissioners, except where such
harvest is performed in connection with legally permitted soil mining,
building construction or building site development. For those uses,
a plan should be submitted to the Conservation Board for review under
State Environmental Quality Review statutes. All other noncommercial
timber harvesting shall be exempt from permit requirements but must
still adhere to the Township's timber harvesting standards.
[Ord. 247, 9/22/1993,
§ 6; as amended by Ord. 256, 9/11/1995; and by Ord. 260, 3/11/1996, § 13-406]
1.
Application. In all cases where a timber harvesting permit is required
the applicant shall file with the Township Secretary an application,
in triplicate, for such permit, which shall include:
A.
A letter of application stating a description of the proposed operation,
the name and current address of the owner of the property to be harvested
and the name and current address of the professional forester to be
consulted in the operation. This letter shall bear the signature of
the applicant and the property owner.
B.
A site map which shall show:
(1)
The location and boundaries of the property to be harvested.
(2)
Existing topography at a contour interval of 10 feet.
(3)
The location and status of any previous timber harvesting operations
on the property within the last five years.
(4)
All public roads within 500 feet of the property and roads that
are to be used for access or removal of the harvest.
(5)
The location and bounds of areas to be harvested.
(6)
The intended location of storage piles, loading areas and skidding
roads.
(7)
Road access to the property.
(8)
All existing or intermittent streams or standing bodies of water
in or within 500 feet of harvest site.
(9)
Details of existing and proposed drainage and proposed erosion
control measures.
(10)
All buildings within 500 feet of the harvest site.
(11)
Sufficient data to determine whether the timber harvest will
be controlled to prevent permanent environmental damage to the site
or surrounding area.
C.
A data sheet summarizing cutting operations which shall include:
(1)
The total area involved in cutting operations.
(2)
The number of trees of each species to be cut.
(3)
The percentage of trees which have been cut in previous harvesting
within the last five years.
(4)
The range, in inches, of diameter at breast height 4 1/2
feet above the ground) of the trees to be cut.
(5)
The total board-foot volume for each species to be cut.
(6)
The total volume to be removed from the cutting area.
(7)
The average number of board-feet per acre to be cut.
(8)
For harvesting of trees for products such as fence posts, poles,
pilings and firewood, the number of units to be removed (expressed
in the applicable unit of measurement, e.g., cords of firewood) may
be shown in lieu of the terms in subparagraphs (3), (4) and (6).
D.
An application fee in an amount as established, from time to time,
by resolution of the Board of Commissioners.
E.
Proof of workers' compensation insurance. The proof of said
insurance or lawful exemption thereof shall be supplied at the time
of consummation of the sale of timber.
2.
Bond Requirements.
A.
A performance bond shall be posted with the Township Board in the
amount of 10% of the contract price at the time of consummation of
sale to insure conformance to the approved plans, contract and erosion
and sedimentation control plan. The Township Board shall set a reasonable
time limit for such bond which will be two years unless otherwise
designated. Said bond shall remain in full force and effect until
a certificate of completion has been issued indicating compliance
with the provisions of this Part. In lieu of such a bond, the applicant
may post a cash deposit or certified check with the Township.
B.
The bonding requirement hereinabove described is separate and apart
from any and all bonding requirements relevant and applicable to roads
and vehicular travel thereon.
3.
Owner's Protective Insurance Policy. An owner's protective
insurance policy shall be posted with the Board of Commissioners in
an amount and form to be determined by the Board of Commissioners,
but not to exceed $1,000,000, naming the Township of Leet as a party
insured, to insure the protection of the Township of Leet against
any liability arising from the logging operations. The said insurance
shall be posted at the time of consummation of sale.
4.
Televised Screening of Sewer Lines. As a condition of the issuance
of a timber harvesting permit, each applicant agrees to pay the cost
of televised screening of sewer lines, following completion of the
timber harvesting procedure, which may have been affected by the timber
harvesting procedure. Said cost shall be due and payable immediately
upon invoice to the applicant by the Township.
[Ord. 247, 9/22/1993,
§ 7; as amended by Ord. 256, 9/11/1995, § 6]
1.
Each application for a timber harvesting permit, together with the required information described in § 25-106, shall be referred to the Board of Commissioners by the Township Secretary within five days of the date of application for preliminary review. Within 45 days of the date the application is determined to be complete, the Board of Commissioners shall call a public hearing on the application. Within 45 days after the close of the public hearing the Board of Commissioners shall forward its findings to the applicant and the Zoning Inspector indicating that the application has been approved, disapproved with modifications or conditions. A copy of the Board of Commissioner's findings shall also be maintained in the Office of the Township Secretary.
2.
Applicants for a permit shall reimburse the Township the actual costs
and fees incurred by the Township for the following items and services:
A.
Newspaper advertising costs (for publication of notices of public
hearing).
B.
Fair and reasonable fees associated with the services of a Township
forester/consultant who renders services to the Township pursuant
to authority and duties herein set forth.
C.
Fair and reasonable fees associated with the services of a Township
professional engineer who renders services to the Township for project
services directly related to the applicant's logging activity.
3.
Should the Board of Commissioners determine that a consultant should
be retained to review the application, the applicant shall bear the
cost of the consultant.
4.
Permits issued under this section shall expire two years from the
date of issuance except that, after a public hearing and upon a finding
of the Board of Commissioners that all terms and provisions of this
Part have been complied with, the Board of Commissioners may extend
permits for one-year periods.
[Ord. 247, 9/22/1993,
§ 8]
1.
Review by a Professional Forester. Where an applicant wishes to conduct
timber harvesting under permit, the area to be harvested shall first
be reviewed by a consulting professional forester who shall be retained
by the applicant. Said forester shall mark each tree to be removed
with paint or other distinctive means at two points so as to be readily
visible for inspection. One paint marking shall be low enough on the
tree so as to be visible on the stump after the tree is removed.
2.
No cutting or loading shall take place between the hours of 5:00
p.m. and 7:00 a.m. or on Sundays, New Year's Day or Christmas
Day.
3.
Timber harvesting shall be conducted in accordance with the operational
standard entitled "Timber Harvesting Standards," which shall be maintained
on file in the office of the Township Secretary.
[Ord. 247, 9/22/1993,
§ 9]
1.
This Part shall be enforced by the Township Zoning Inspector. The
Zoning Inspector may request and shall receive, so far as may be necessary
in the discharge of his duties, the assistance and cooperation of
the police and all other municipal officials exercising jurisdiction
over property being harvested or harvesting operations.
2.
The Zoning Inspector and assistants described above, upon the showing
of proper credentials and in the discharge of their duties, may enter
upon any property at any reasonable hour, where timber harvesting
is reported, proposed or being conducted and no person shall interfere
with such entry.
[Ord. 247, 9/22/1993,
§ 10]
1.
The Board of Commissioners may revoke a timber harvesting permit
theretofore issued in the following instances:
A.
Where it finds that there has been any false statement or misrepresentation
as to a material fact in the application, plan or information on which
issuance of the permit was based.
B.
Where it finds that the permit was issued in error and should not
have been issued in accordance with applicable law.
C.
Where the permittee fails or refuses to comply with a written order
issued by the Zoning Inspector within the time fixed for compliance
therewith.
[Ord. 247, 9/22/1993,
§ 11; as amended by Ord. 260, 3/11/1996, § 13-411; and by Ord. 2016-01, 3/14/2016]
Any person, firm or corporation who shall violate or fail to
comply with a written order or notice of violation issued by the Zoning
Inspector, or with any of the provisions of this Part or conditions
of the timber harvesting permit, upon conviction thereof, shall be
sentenced to pay a fine of not more than $1,000 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
