Town of Philipstown, NY
Putnam County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Philipstown 5-6-1999 by L.L. No. 3-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Board — See Ch. 10.
Building construction and fire prevention — See Ch. 62.
Environmental quality review — See Ch. 84.
Flood damage prevention — See Ch. 90.
Freshwater wetlands and watercourses — See Ch. 93.
Land development — See Ch. 112.
Zoning — See Ch. 175.
This chapter shall be known and cited as the "Timber Harvesting and Forest Management Law of the Town of Philipstown."
A. 
While it is known that trees and forests have commercial value and may be a source of income to the landowner, it has also been established that trees and forests stabilize the soil, especially on steep slopes; control water pollution by preventing soil erosion and flooding; control air pollution through the absorption of carbon dioxide and the provision of oxygen; yield advantageous microclimatic effects including cooling shade and fire breaks; provide recreation; offer a natural barrier to noise; provide a natural habitat for wildlife; and yield mulch, nuts, fruits and maple syrup.
B. 
Timber harvesting is not incompatible with maintenance of a forested landscape. Good forest management helps to maintain forests and is often necessary for the health of a forest.
C. 
However, indiscriminate, unregulated cutting, clearing or other removal of trees and forests may deprive the landowner, individual and the community of these benefits; have adverse impact on future growth of trees and forests; adversely affect soils and water resources and supplies and result in soil erosion and sedimentation; create a detrimental effect on neighboring property; and disrupt ecological systems in which trees and forests are an integral part.
It is hereby declared to be the policy of the Town of Philipstown and the purpose of this Timber Harvesting and Forest Management Law to conserve, manage, protect and make the best use of trees and forests which are an integral part of the natural resources and environment of the Town as well as its economy, by regulating the cutting and harvesting of trees and using professional management practices therefor and by improving and coordinating plans for tree cutting, harvesting, forest restoration and forest management, in order to enhance the health, safety and welfare of its people and their overall economic well-being.
Whenever used in this chapter, unless a different meaning clearly appears from the context or unless a different meaning is stated in a definition applicable to only a portion of this chapter, the following terms shall have the meanings indicated:
APPLICANT
The individual, corporation, copartnership or other entity which files an application under § 159-7 of this chapter.
AREA OF SPECIAL FLOOD HAZARD
This term shall have the same meaning as defined in Chapter 90 of the Code of the Town of Philipstown.
BASAL AREA PER ACRE
The total cross-sectional area of trees on one acre measured at diameter breast height (DBH) expressed in square feet.
BENCH
A relatively flat interruption of an otherwise relatively steep slope or hillside. Benches are typically longer than they are wide and follow the contour of the slope.
BOARD FOOT
A measure of lumber one foot by one foot by one inch as measured by the International 1/4 Log Rule. "MBF" equals 1,000 board feet.
BUILDING INSPECTOR
The Building Inspector for the Town of Philipstown.
CLEAR CUTTING
A method of cutting, removal or harvesting that removes 75% or more of the trees of six inches in diameter or greater at breast height (DBH) in either a stand of trees in an area of more than two acres, or in any area of more than two acres.
CODE ENFORCEMENT OFFICER
The Enforcement Officer appointed by the Philipstown Town Board.
CONSERVATION BOARD (CB)
The Town of Philipstown Conservation Board.
[Amended 9-25-2013 by L.L. No. 2-2013]
CONSULTANT FORESTER
A professional forester to assist the Wetlands Inspector or Natural Resources Review Officer in both the permit process and enforcement of the provisions of this chapter. (cf "professional forester" defined below.)
[Amended 9-25-2013 by L.L. No. 2-2013]
CORD
Four feet by four feet by eight feet or equivalent.
CUBIC FOOT
A unit of timber volume measuring 12 inches by 12 inches by 12 inches.
DIAMETER BREAST HEIGHT (DBH)
The diameter of a tree 41/2 feet in height from ground level at the base of a tree.
EXEMPT OPERATIONS
Tree cutting and timber harvesting operations specifically exempted by this chapter from the need to obtain a timber harvesting permit.
FOREST MANAGEMENT
A long-range plan for the forest cycle of regeneration, tending and harvesting to yield a sustainable forest.
HAUL OR TRUCK ROAD
Construction road utilized for moving cut trees from a point where they are loaded on a truck to an exit from the site.
INTERNATIONAL 1/4 LOG RULE
A professionally recognized and accepted methodology for estimating board foot volume in standing trees.
LANDING
Open or cleared areas used for loading logs onto trucks or any general purpose such as storing logs or servicing equipment.
LOT
The same meaning as defined in Chapter 175, the Zoning Law of the Town of Philipstown.
MAJOR TIMBER HARVESTING OPERATION
The cutting, removal or harvesting of timber or trees from an area of 10 acres or more in size on any lot, or from a contiguous area of 10 acres or more in size on adjacent lots.
MINOR TIMBER HARVESTING OPERATION
The cutting, removal or harvesting of timber or trees from an area of up to 10 acres in size on any lot, or from a contiguous area of up to 10 acres in size on adjacent lots.
NATURAL RESOURCES REVIEW OFFICER
A Town employee or consultant appointed to review development applications for compliance with Town environmental regulations, including but not limited to wetlands, steep slopes, and conservation analysis requirements of zoning. This term is synonymous with "Wetlands Inspector." This position may be held by an official with other duties, such as the Town Planner or Town Engineer.
[Added 9-25-2013 by L.L. No. 2-2013]
PROFESSIONAL FORESTER
One who has a minimum of either a bachelor of science degree in forestry or other closely related environmental field from a four-year college accredited by the Society of American Foresters, or an associates degree in such field, with two years' full-time experience in work closely associated with forestry management.
RIDGE
The topmost elevation of a steep slope which may either continue relatively flat on the same contour or drop off to a lower elevation on the back side.
SILT FENCE
Filter fabric attached to stakes one inch by two inches by 2 1/2 feet to collect siltation.
SKID TRAIL OR ROAD
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.
SLASH
Those portions of trees remaining on the ground following a timber harvest, including limbs, branches and other unmarketable portions of the tree.
STAND
A contiguous group of trees sufficiently uniform in species composition, age class and condition to be a homogenous and distinguishable unit.
STEEP SLOPES
Slopes with an angle of 25% or more.
STREAM
The same meaning as "watercourse."
SUGARBUSH
A stand consisting primarily of sugar maple (acer saccharum) trees annually tapped for the commercial production of maple syrup, maple sugar, maple candy or other typical maple products.
TIMBER HARVESTING
The cutting, removal or harvesting of any timber or trees from any property or lot in the Town of Philipstown, and includes the term "timber harvesting operation."
TOWN BOARD
The Town of Philipstown Town Board.
WATERBARS
Small humps or diversions for the purpose of erosion and sediment control which are built up across roads and/or landings which catch and then divert runoff into adjacent vegetated areas in a nonerosive manner.
WATERCOURSE
Includes the term "stream" and shall also have the same meaning as defined in Chapter 93 of the Code of the Town of Philipstown.
WETLANDS
The same meaning as defined in Chapter 93 of the Code of the Town of Philipstown.
WETLANDS INSPECTOR
The same meaning as defined in Chapter 93 of the Code of the Town of Philipstown. Also known as "Natural Resources Review Officer."
[Amended 9-25-2013 by L.L. No. 2-2013]
A. 
All trees or timber cut, removed or harvested from any property or lot in the Town of Philipstown shall only be cut, removed or harvested as provided by this chapter, except for exempt operations as set forth in this chapter.
B. 
A timber harvesting permit shall be obtained from the Natural Resources Review Officer to cut, remove or harvest timber or trees from any property or lot in the Town of Philipstown, except that such permit shall not be required for exempt operations as set forth in this chapter. Prior to granting such timber harvesting permit, approval of the Conservation Board shall be required for major timber harvesting operations.
[Amended 9-25-2013 by L.L. No. 2-2013]
A timber harvesting permit is not required for the following operations:
A. 
The cutting, removal or harvesting of trees or timber from an area of 40,000 square feet or less in size on any lot or from a contiguous area of two acres or less in size on adjacent lots.
[Amended 9-25-2013 by L.L. No. 2-2013]
B. 
The harvesting of evergreens specifically planted for Christmas trees or the thinning of sugarbush.
C. 
The cutting or removal of timber or trees reasonably necessary in connection with the bona fide construction or alteration of a building, other structure, outside storage area or off-street parking or loading area for which any required building permit has been issued and an application for certificate of occupancy has been approved.
D. 
A bona fide landscaping operation, provided that such operation also conforms to the requirements of Town Code § 175-34I(5).
[Amended 9-25-2013 by L.L. No. 2-2013]
E. 
The cutting or removal of timber or trees in connection with a bona fide operation for which a special use permit has been issued pursuant to Town Code Chapter 175, Article IX.
[Amended 9-25-2013 by L.L. No. 2-2013]
F. 
The cutting or removal of timber or trees in connection with the construction of streets, drainage and other improvements and the changing of contours in an approved subdivision plat or in connection with an approved site plan in accordance with construction plans and contour plans approved by the Philipstown Planning Board pursuant to Town Code Chapter 112 or Chapter 175.
G. 
The cutting or removal of timber or trees in connection with and within the area of a soil extraction operation authorized under Town Code Chapter 175, §§ 175-17 through 175-17.4.
[Amended 9-25-2013 by L.L. No. 2-2013]
H. 
The cutting, removal or harvesting on any property or lot of trees or timber in any twelve-month period of either 10,000 or less board feet of timber as measured by the International 1/4 Log Rule or 20 full cords or less, whichever is greater.
I. 
The normal maintenance of trees or property through the pruning or topping of trees or timber, or the cutting, removal or harvesting of trees or timber which are dead or diseased or are a hazard to public safety or health or property.
J. 
The cutting or removal of timber or trees in the case of a bona fide emergency to protect or preserve health, safety or welfare of persons or property as determined by the Natural Resources Review Officer or other competent public safety or public health authority.
[Amended 9-25-2013 by L.L. No. 2-2013]
K. 
Any forestry use or timber harvesting operation for which a building permit has been issued or an application for certificate of occupancy has been approved prior to the adoption of this chapter.
A. 
An applicant seeking a timber harvesting permit shall file an application for such permit with the Natural Resources Review Officer, together with the required fee. Where required, an application for a wetlands permit shall be included. The Town Board may adopt or amend forms and/or a fee schedule for use in connection with this chapter by resolution from time to time.
[Amended 9-25-2013 by L.L. No. 2-2013]
B. 
The application shall be accompanied by the number of copies required by the permitting authority and shall include:
(1) 
A written report of the proposed operation prepared by the applicant or his/her designated representative, which shall contain the following information:
(a) 
The purpose of the operation.
(b) 
A description of the proposed activity to be performed.
(c) 
The dates between which such activity will occur.
(d) 
The names, addresses and phone numbers of the owners of all property on which the timber harvesting operations are to be conducted and satisfactory proof of ownership.
(e) 
The name, address and phone number of the persons, company or corporation (contractor) who will be performing the cutting and harvesting operation.
(f) 
In the case of a major timber harvesting operation, the name, address and phone number of the professional forester, hired by the applicant, who is to be consulted in connection with the operation.
(g) 
The names and addresses of all adjacent property owners.
(h) 
The total land area involved in the operation.
(i) 
An estimate of the range, in inches of diameter, of the trees to be cut, measured 41/2 feet above the ground, and the range in diameter of the stand remaining.
(j) 
The average number of trees per acre to be cut.
(k) 
An estimate of the total volume of timber to be removed from the cutting area.
(l) 
A detailed program for restoration (reclamation) of the property and the access driveways, roads and/or trails, which plan shall address the items set forth in § 159-10E.
(m) 
The contract price or estimate for the job.
(n) 
A certificate of insurance.
(o) 
Said report shall be signed by the applicant, the contractor, if any, the property owner and, in the case of a major timber harvesting operation, by a professional forester hired by the applicant.
(2) 
Any map, plat, plan or sketch, and attachments, that shows the following required information:
(a) 
A key map of the location and boundaries of the lot or lots where the timber harvesting or forest management operation is proposed and all lots and streets within 200 feet.
(b) 
All public and privately owned streets and roads within 200 feet of the area of the proposed timber harvesting or forest management operation.
(c) 
All structures within 200 feet of the area of operation.
(d) 
The proposed location and bounds of the areas within the lot or lots where cutting and harvesting will occur.
(e) 
All existing or intermittent streams, bodies of water, watercourses, wetlands and areas of special flood hazard located in or within 200 feet of the area of the operation and slopes of 25% or more.
(f) 
Access roads into the lot and proposed roads and skid trails into and within the area of operation.
(g) 
The location and size of proposed product loading areas and storage piles.
(h) 
The location of areas within the lot or lots where previous harvesting activity has occurred within the last 20 years.
(3) 
Statement of trees to be cut:
(a) 
A statement that each tree to be cut, removed or harvested shall be designated with paint or other descriptive means at two points so as to be readily visible by the contractor or logger. One point shall be low enough on the tree so as to be visible on the stump after the tree is removed.
(b) 
In the case of a major timber harvesting operation, a statement that such designation has been made by the professional forester hired by the applicant.
[Amended 9-25-2013 by L.L. No. 2-2013]
A. 
Minor timer harvesting operation.
(1) 
Within 10 business days after an application for a minor timber harvesting operation is deemed complete, the Natural Resources Review Officer shall approve the permit, deny the permit or approve the permit with modifications and/or additional conditions. The Natural Resources Review Officer may consult with the Town's consultant forester and/or the Conservation Board if he/she deems it necessary. If a permit is denied, the grounds for denial shall be set forth. Upon grant or denial of a permit, the Natural Resources Review Officer shall notify the Conservation Board of the action. In the event of a denial of permit for a minor timber harvesting operation, an applicant may appeal as provided in § 93-10 of the Wetlands Law.
(2) 
The ten-business-day time period in which the Natural Resources Review Officer must take action may be extended by mutual consent of the applicant and the Natural Resources Review Officer.
B. 
Major timber harvesting operation.
(1) 
Within three business days after an application for a major timber harvesting operation is deemed complete, the Natural Resources Review Officer shall refer same to the Philipstown Conservation Board, which shall review the application according to its procedures and time line for major project wetlands permit plan approval under § 93-9 of the Wetlands Law.
(2) 
The Conservation Board shall issue a decision setting forth findings whether the standards and guidelines set forth in § 159-10 have been met and recommending that the Natural Resources Review Officer issue the permit, deny the permit, or approve the permit with modifications and/or additional conditions.
(3) 
Upon receipt of said decision from the Conservation Board, the Natural Resources Review Officer shall promptly take action on the application for permit in accordance with said decision.
A. 
Permits issued pursuant to this chapter shall expire 12 months from the date of issuance.
B. 
A minor timber harvesting permit may be extended by the Natural Resources Review Officer for one additional period of 12 months. In making a determination on extension, the Natural Resources Review Officer shall consult with the Conservation Board and shall make a complete review of all plans and examine all work accomplished.
[Amended 9-25-2013 by L.L. No. 2-2013]
C. 
For major timber harvesting permits, the Conservation Board may extend the permit for additional periods of one year when it determines the circumstances of the application so warrant, provided that the Conservation Board is given a thirty-day period in which to comment on the proposed extension.
[Amended 9-25-2013 by L.L. No. 2-2013]
All timber cutting, removal or harvesting operations requiring a timber harvesting permit shall be designed and conducted in accordance with the policy and purpose of this chapter and shall adhere to the following standards and guidelines:
A. 
General.
(1) 
Clear cutting, as defined in § 159-4, is not permitted.
[Amended 9-25-2013 by L.L. No. 2-2013]
(2) 
No tree cutting, harvesting or removal, other than exempt operations, shall take place between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays or legal holidays.
(3) 
All trees shall be felled so that no trees or debris shall fall on any adjoining property or on any roads.
(4) 
All stumps shall be kept as low as possible and in general, when measured on the uphill side, no higher than the diameter of the tree trunk.
(5) 
Landing or loading areas should be located, if possible, in the same vicinity as the operations. They shall be smoothed to remove all ruts and debris at the conclusion of the operation.
(6) 
There shall be no tree cutting, harvesting or removal on slopes over 25%, unless such property has been granted a real property tax exemption pursuant to Real Property Tax Law § 480 or 480-a.
[Added 7-17-2002 by L.L. No. 1-2002[1]]
[1]
Editor's Note: This local law also redesignated former Subsection A(6) as Subsection A(7).
(7) 
The Natural Resources Review Officer or Code Enforcement Officer shall have the authority to issue a stop-work order for all or part of the cutting and harvesting activity if in his opinion conditions created by a spring thaw, adverse weather conditions or any other cause may make damage to public roads likely or may result in soil erosion or other damage beyond or outside of the boundaries of the area of the timber harvesting operation.
[Amended 9-25-2013 by L.L. No. 2-2013]
B. 
Stream crossings.
(1) 
Stream crossing shall be kept to a minimum and shall be designed and planned so that streams shall be crossed at the most direct route at a ninety-degree angle to the flow of the stream, and all crossings at heads of pools are to be avoided.
(2) 
Silt fences, straw bales, or the equivalent shall be installed and/or maintained across the roads at stream crossings when the road is not in use.
[Amended 9-25-2013 by L.L. No. 2-2013]
(3) 
Stream crossing sites shall be at locations with low, stable banks, a firm stream bottom and gentle slopes along the approaches. All temporary culverts, bridges or runways, etc., must be removed after use.
(4) 
There shall be no skidding in any stream channel, and all fallen trees, bushes and debris shall be promptly removed from any stream channel.
(5) 
In order to keep stream banks stable and to minimize stream temperature variations, no trees shall be cut within 100 feet of stream banks unless a permit has been issued pursuant to Town Code Chapter 93.
[Amended 9-25-2013 by L.L. No. 2-2013]
(6) 
There shall be no cleaning, draining of oils, gasoline, hydraulic fluids, antifreeze, etc., or any other maintenance of any machinery, vehicles, chainsaws, etc., and no refueling of any equipment with said or similar fluids within 100 feet of any water body or dry stream channel.
(7) 
Running water from skid trails and haul roads shall not be diverted directly into a stream or other water body but should be diverted into a well-vegetated area.
C. 
Road and skid trails.
(1) 
A driveway permit shall be obtained from the appropriate town, county or state agency for any new access road to the timber harvesting operation.
(2) 
Whenever practical, haul roads and skid trails shall be located on benches and ridges and off of steep slopes to minimize erosion. They must be kept out of wet and poorly drained areas and off the tops and toes of banks and slopes. Roads should be designed so that their construction causes a minimum amount of soil removal and shall not exceed 14 feet in width. Any haul road or skid trail constructed within 100 feet of a town-controlled wetland or within 100 feet of mean high water of a watercourse, as defined in § 93-4 of the Philipstown Freshwater Wetlands and Watercourse Law, shall require a wetlands and watercourse permit.
[Amended 9-25-2013 by L.L. No. 2-2013]
(3) 
Whenever practical, haul roads and skid trails shall be kept back from streams, ponds, wetlands and other water bodies at least 100 feet on slopes of 25% or less and at least 150 feet from steeper slopes.
(4) 
Running water shall be diverted off haul roads and skid trails by waterbars placed at the following intervals:
Road Grade
Spacing
(in feet)
2% to 5%
300 to 500
6% to 10%
200 to 300
11% to 15%
100 to 200
Over 15%
100
(5) 
No haul road or skid trail shall exceed a slope of 25% for a distance of more than 100 feet.
D. 
Landings and buffer zones.
(1) 
Whenever practical, landings shall be located so as to avoid erosion by keeping such landings out of low spots and poorly drained places. Whenever possible, landings shall be located on gently sloping ground that provides good drainage. Whenever possible, landings shall not be located in areas of special flood hazard and shall be set back at least 200 feet from streams, ponds, lakes, swampy areas and marshes.
(2) 
Whenever practical, landings shall be located at least 200 feet from all roads and adjacent property. Access roads to such landing areas should be designed to reduce visibility from the road whenever reasonably possible.
(3) 
The nature and dimension of buffers between the harvesting area and any public or private road or any adjacent property, if applicable, must be addressed in the applicant's forest management plan.
E. 
Reclamation. Upon completion or termination of the cutting and harvesting activity, or upon revocation of the timber harvesting permit, reclamation of the site shall be performed by the applicant as follows:
[Amended 9-25-2013 by L.L. No. 2-2013]
(1) 
All stream crossings, stream culverts, bridges and runways shall be treated according to the requirements of the Department of Environmental Conservation (DEC) and/or the Wetlands and Watercourse Law.[2]
[2]
Editor's Note: See Ch. 93, Freshwater Wetlands and Watercourses.
(2) 
Haul roads and skid trails shall be smoothed and sloped. Said haul roads and skid trails shall also be seeded with grass.
(3) 
Landings and loading areas shall be smoothed to remove all ruts and debris and shall be seeded with grass.
(4) 
All trash and debris within the area covered by the permit, such as oil cans, food containers, cables, etc., shall be removed during and after the operation.
(5) 
All structures erected during the operation shall be removed upon completion, unless a certificate of occupancy is obtained for same.
(6) 
All hung-up or partly fallen trees shall be pulled down during the operation and at the termination of the operation. As slash constitutes a serious fire hazard, all slash must be chopped into a layer not more than four feet thick, in contact with the ground or piled and burned under controlled conditions. Quick decay or removal of slash is key to fire prevention and forest regeneration.
(7) 
On land that is not intended for immediate building or other development, native and/or noninvasive seed trees shall be left or planted for restoration of the forest, and small trees shall be retained on steep slopes.
(8) 
All reclamation efforts shall be subject to inspection and review by the Natural Resources Review Officer and/or Code Enforcement Officer to assure compliance with this chapter.
(9) 
Upon completion of the operation, a statement shall be filed with the Natural Resources Review Officer by the contractor, forester and property owner certifying that the operation was performed in accordance with the application and all the standards set forth herein.
F. 
Additional standards.
(1) 
The Natural Resources Review Officer or the Conservation Board, in the case of a major timber harvesting operation, may impose such other additional standards as may be warranted by specific circumstances.
[Amended 9-25-2013 by L.L. No. 2-2013]
(2) 
In the event that any other or stricter standards, measures or permits are required by any federal, state, county or Town governmental authority, agency or department having jurisdiction thereof (for example, the Freshwater Wetlands and Watercourse Law of the Town of Philipstown,[3] New York Water Resources Law and New York fire laws) the same shall be complied with by the persons conducting such operation.
[3]
Editor's Note: See Ch. 93, Freshwater Wetlands and Watercourses.
(3) 
The Natural Resources Review Officer, Code Enforcement Officer or the Philipstown Superintendent of Highways shall have the right to restrict the weight of logging trucks and equipment in accordance with the capabilities or conditions of Town and private roads, bridges and culverts. The Natural Resources Review Officer, Code Enforcement Officer or Highway Superintendent shall have the right to require the repair of roads, bridges and culverts damaged as a result of any operation.
[Amended 9-25-2013 by L.L. No. 2-2013]
(4) 
Applications for timber harvesting permits are subject to the State Environmental Quality Review Act.
[Amended 9-25-2013 by L.L. No. 2-2013]
As a part of the permit procedure and to ensure compliance by the applicant with the conditions of the permit and all of the standards set forth in this chapter, a bond shall be posted with the Town of Philipstown in an amount to be determined by the Natural Resources Review Officer or, in the case of major timber harvesting operations, by the Conservation Board. Such amount shall be no less than 10% of the contract price. Said bond shall remain in full force and effect throughout the operation and will be released once a certificate of completion has been issued by the Natural Resources Review Officer or Code Enforcement Officer following a site inspection indicating that all of the provisions of this chapter and any additional permit conditions have been complied with. The bonding or surety company, or the security posted by the owner, is subject to the approval of the Town Board, as is the form, sufficiency and manner of execution of the bond. Such bonds may be but are not limited to surety bonds, cash bonds or irrevocable letters of credit.
A. 
Inspections; investigation of complaints.
[Amended 9-25-2013 by L.L. No. 2-2013]
(1) 
This chapter shall be enforced by the Natural Resources Review Officer and/or Code Enforcement Officer, who shall inspect the progress of the work as needed. The Natural Resources Review Officer, Code Enforcement Officer and/or the Town's consultant forester shall be authorized and have the right at any time in the performance of their duties to enter upon any property proposed to be harvested, or in the process of being harvested or reclaimed, and to make such inspections as are necessary to determine satisfactory compliance with the provisions of this chapter. Owners, agents or contractors on a property being harvested shall be responsible for allowing access to all parts of the premises within their control to the Natural Resources Review Officer, the Code Enforcement Officer and/or the Town's consultant forester.
(2) 
It shall be the duty of the Natural Resources Review Officer and/or Code Enforcement Officer to investigate all complaints made under this chapter and to take appropriate legal action on all violations of this chapter.
B. 
Stop-work orders; correction of violations.
[Amended 9-25-2013 by L.L. No. 2-2013]
(1) 
Upon determination by the Natural Resources Review Officer and/or Code Enforcement Officer that there has been a violation of any provision of this chapter or violation of the conditions under which a permit has been granted, he/she shall serve the property owner and/or contractor with a written stop-work order to cease and desist immediately and directing that the violations therein specified be corrected within five working days after service of the order. The order shall also contain an outline of remedial action which, if taken, will effect compliance.
(2) 
Where violations cannot reasonably be corrected within five days and where an alleged violator has demonstrated good-faith efforts to comply, said time period may be extended by the Natural Resources Review Officer and/or Code Enforcement Officer for up to a maximum of 30 days.
C. 
Failure to comply; revocation of permit.
(1) 
If, after the expiration of such period, said violations are not corrected, the Natural Resources Review Officer and/or Code Enforcement Officer shall serve a written notice requiring the alleged violator to appear before the Town Board of the Town of Philipstown, at a time to be specified in such notice, for a hearing to determine whether or not such permit should be revoked.
[Amended 9-25-2013 by L.L. No. 2-2013]
(2) 
The Philipstown Town Board may, after such hearing, issue such order as it deems appropriate, including revoking such permit if it finds that the violations described in the stop-work order exist and have not been corrected, and may direct termination of timber harvesting activities and reclamation of the site. In addition, the Town Board may use the proceeds of the performance bond to achieve compliance with § 159-10, Standards and guidelines, including reclamation of the site.
Any violation of this chapter is hereby declared to be a violation, punishable by a fine not exceeding $1,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Each day's continued violation shall constitute a separate additional violation.
If any part of or provision of this chapter or the application thereof to any person or circumstances be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision of this chapter directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances.