LL #11-198722 0.
LOCAL LAW NO. 11 OF 1987
_ A Local Law establishing a 90 -day moratorium on cutting, felling,
or logging of more than six trees per acre for market or sale to a sawmill.
follows:
BE IT ENACTED BY THE Town Board of the Town of Wappinger as
A. TITLE
This law shall be known as and may be cited as "A Local Law
establishing a 90 -day moratorium on cutting, felling or logging of more than
six trees per acre for market or sale to a sawmill" ofthe Townof Wappinger.
B. LEGISLATIVE INTENT AND FINDINGS
The Town of Wappinger, New Yorkis currently pursuing a review of
forestry practices within its municipal boundaries. It is anticipated that these
activities will culminate in enactment of legislation to regulate forestry
practices.
The municipality is experiencing increased forestry use which may be
inconsistent with the purposes or results of the forestry law. Accordingly, it is
found that consideration or approval of forestry proposals may negate and
circumvent the planning and drafting process already underway and, thus, be
contrary to the public interest and welfare.
In order to prevent forestry use which may prejudice, and be inconsistent
_ with, comprehensive revision of the Town's regulations, appropriate interim measures
must be taken in the form of a moratorium on review and approval of such plans,
and a temporary prohibition of certain logging activities.
C. SCOPE OF COVERAGE
No logging, felling or cutting of more than six trees per acre or trans-
poration of logs to sawmills or to market shall be permitted in the Town except as
otherwise stated hereinafter in Section "D" hereof.
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D. EXCLUSIONS
Notwithstanding the foregoing provisions hereof, this local law shall
not apply to:
1. Cutting or felling trees or logs for the purposes of work
performed on subdivision roads approved by the Planning Board.
2. Cutting or felling of trees on individual lots for which a
building permit has been obtained.
3. Cutting or felling of trees on lots in a subdivision which
has been approved by the Planning Board; or other
4. Cutting of trees which are not intended for sale or transport to
market on individual lots.
E. PENALTIES
Any person or entity that shall cut timber in violation of the
provisions of this local law, or shall otherwise violate any of the provisions
hereof, shall:
1. be guilty of an offense, punishable by a fine not exceeding two
hundred and fifty dollars ($250.00) or imprisionment for a period not to exceed
six (6) months, or both. Each week's continued violation shall constitute a
separate offense, and
2. be subject to appropriate action or proceedings by the propert
authorities of the Town to enjoin, correct, or abate any violation.
F. VARIANCES
The Town Board shall be authorized to accept and review applications
for variances from application of the provision of this local law, in the case
of unnecessary and unique hardship to the applicant for a variance.
G. VALIDITY
The invalidity of any provision of this local law shall not affect
the validity of any other part of this local law which can be given effect.
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H. EFFECTIVE DATE AND DURATION
This local law shall take effect upon its filing with the Secretary
of State as provided by law, and shall remain in force and effect for a period
of 90 days after the effective date of this local law.