LL #17-1987(Please Use this Form for Filing your Local Law with the Secretary of State) '
Text of law should be given as amended. Do not use brackets for matter to be eliminated 'and do not
use italics for new matter.
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City, of .................................. itiAPPINGEI3
Town........................................................................... ..
Ygloge
LocalLaw No. ............... 1.7...................................... of the year 19 &.7
TIMBER HARVESTING LAW
Alocal law ............. _.................................................................................................................. ...............................................
(Ioaert title)
0
Beit enacted by the ................................. ..Tnk1DI...&OA.U........................... ................................. ............. of the
(Name of Legislative Body)
1Srl4�y .
of.....................
Town
............................�Y.AP.ftLrJCEft.................................................................................. as follows:
(SEE ATTACHED)
M
LOCAL LAW - 19
TIMBER HARVESTING LAW
Be It Enacted by the Town Board of the
Town of Wappinger As Follows:
SECTION 1. PURPOSE
The purpose of this Law is to promote the health and safety of the residents
of the Town of Wappinger by protecting the natural environment as affected by timber
harvesting. The Town recognizes that the timber resource in the Town is of significant
value and will be harvested. The Town also recognizes that if timber harvesting practices
are poorly carried out they can result in significant environmental and aesthetic damage
to the land and to adjacent lands and waters. Thus, this law is intended to regulate
those harvesting activities that most readily render environmental damage, such as
stream crossings and the location of landings, haul roads and skid trails, particularly
to control soil erosion and sediment laden runoff; and to encourage the use of professional
forest management expertise in the preparation and evaluation of timber harvests.
SECTION 2. DEFINITIONS
Board Foot:
Classified Stream:
Clearcut:
Cooperating Consulting Forester:
Cubic Foot:
Haul (truck) Road:
Measure of lumber 12" x 12" x 1"
A stream protected under Part 608
of New York codes, rules, and regulations,
or any Town of Wappinger local
law. A permit is required from
NYS DEC for any work which will
disturb the stream or its banks.
Harvesting method where virtually
all trees over 2" in diameter on
a site are removed.
A qualified private consultant forester
who is a member of the DEC sponsored
cooperating consultant forester
program.
A unit of timber volume measure,
12" x 1211 x 12".
Constructed road of dirt and/or
M
OR
gravel utilized for moving cut trees
from a point where they are loaded
on a truck for exportation from
the site.
A method which has begn legally
International I" Log Rule:
recognized in New York State of
estimating the amount of lumber
in board feet, that can be obtained
from logs.
Open or cleared areas used for loading
Landing:
logs onto trucks or any general purpose
such as storing logs or servicing
equipment.
Any residue associated with a harvesting
Logging Debris:
operation, including undesirable
tree trunks, slash and litter.
The removal of timber in quantities
Logging Operation:
greater than 20 standard cords of
wood, 2,000 cubic feet or 10,000
board feet measured by the International
P Log Rule on any one ownership
of land within any given calendar
year.
Professional Forester:
A graduate forester from a forestry
college accredited by the Society
of American Foresters who has
'
at least two years experience in
forest management or timber product
harvesting.
Skid Trail (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:
Standard Cord:
Stream:
Water Bars:
SECTION 3. REGISTRATION
Tree tops, small branches and leaves
left over from a harvesting operation.
A cut, stacked, pile of wood measuring
41x41x81. ,
Body of water flowing continuously
or intermittently in a channel on
the surface of the ground.
Small built up areas (humps) or diversions
constructed across roads and/or
landings for erosion and sediment
control. They catch and divert
runoff into adjacent vegetated areas.
It is hereby required that any landowner desiring to remove timber in quantities
greater than 20 standard cords of wood or 2,000 cubic feet of wood or 10,000 board
feet of timber as measured by International fir" Log Rules on any one ownership of land
within any given calendar year shall register with the Town Clerk.
All registered logging operations must comply with the standards set forth
in SECTION II. The property owner should enlist the services of a cooperating consultant
or other professional forester to ensure compliance with the stated timber harvesting
standards.
SECTION 4. REGISTRATION INFORMATION
The following information shall be provided to the Town Clerk at the time
of registration:
A. Name, address and phone number of the property owner.
B. Name, address and phone number of logger if different from A.
C. The dates between which such harvesting activity will occur.
D. Location map of the property where the logging operation is to take place.
The Town shall supply each landowner with the following information at the
time of registration:
A. Timber Harvesting Guidelines for New York State.
B. Sources of professional forestry assistance.
SECTION 5. ENFORCEMENT
This Law shall be enforced by the Zoning Administrator of the Town of Wappinger.
Said Officer shall be authorized and have the right in the performance of duties to enter
upon any property proposed to be harvested, in the process of being harvested, or in
the process of being reclaimed after harvesting to make such inspections as are necessary
to determine satisfactory compliance with the provisions of this Law. Such entrance
and inspection shall be initiated at reasonable times and in emergencies whenever necessary
to protect the public interest. Owners, agents or operators on a property being harvested
shall be responsible for allowing access to all parts of the premises within their control
to the Enforcement Officer or his inspectors, acting in accordance with the requirements
of this provision. It shall be the duty of the Enforcement Officer to investigate all
complaints made under this Law and to take appropriate legal action on all violations
of this Law.
SECTION 6. VIOLATIONS
Violations of DEC or APA rules and regulations should be dealt with those
agencies.
Upon determination by the Enforcement Officer that there has been a violation
of any provision of this Law, other than the above, he shall serve upon the property
owner an initial order in writing to cease and desist commission of the violation immediately
and directing that conditions therein be specified to be brought into compliance within
five (5) working days after the serving of such order. Work that is in compliance shall
be permitted to continue while violations are brought into compliance.
Where violations cannot reasonably be corrected within five (5) days and where
violator has demonstrated good faith efforts to comply, said time period may be extended
by the Enforcement Officer for not more than 30 days.
If, after the expiration of such period, conditions are not corrected, the Enforcement
Officer shall serve a written notice upon the owner requiring him to appear before the
Town Justice of the Town of Wappinger at a time to be specified in such notice which
shall be the next scheduled court night after service of notice.
The Town Justice may, after a hearing at which the testimony and witnesses
of the Enforcement Officer and the violator shall be heard, fine the violator an amount
not less than $100.00 or more than $250.00 per violation or imprison him for a period
of not more than 15 days. Each continued day of violation shall constitute a separate
violation.
SECTION 7. APPEALS
Any person aggrieved by any decision of the Enforcement Officer may take
an appeal to the Town Board. Any determination by the Town Board under this ordinance
may be appealed to the Supreme Court under Article 78 of the Civil Practice Law and
Rules.
SECTION 8. VALIDITY
If any section, paragraph, subdivision or provisions of this Law shall be declared
invalid, such invalidity shall apply only to the section, paragraph, subdivision or provisions
adjudged invalid and the rest of this Law shall remain valid and effective.
SECTION 9. EFFECTIVE DATE
This Law shall take effect one month following filing in the office of the Secretary
of State of the State of New York to allow notification and publicity.
SECTION 10. TIMBER HARVESTING STANDARDS
A. Stream Protection - Every effort shall be made to protect streamside vegetation,
stream beds, and the water purity of all continuously flowing streams. For
maximum stream protection, the following practices shall be adhered to:
1. Streamside vegetation along classified streams shall be protected
and left standing in all logging operations to provide shade to the
stream and minimize water temperature increases. Avoid cutting trees
within 10 feet of the streambank.
2. Skidding logs up and down a stream channel is prohibited.
3. Trees shall not be felled into or across streams. Logging debris should
be prevented from falling into stream channels and if any debris does
get into a channel, it shall be removed immediately.
4. Whenever a logging operation must cross a classified stream, the
permit required by NYS DEC under 6 NYCRR, Part 608 shall be submitted
prior to any crossing.
5. Unless contrary to the terms of a DEC permit, the following standards
shall apply: Streams should be crossed only at right angles using straight
approaches and streambank protection should be provided. Temporary
or permanent bridges should be encouraged for all crossings and made
mandatory where no other side protection alternatives are available.
In selecting a site for a bridge, attention should be directed to the alignment
of the stream, as well as that of the road. The streambed should be in
a direction parallel to the stream flow and must be imbedded in good
foundation material. The grade of the bridge should coincide with that
of the road, i.e. if the bridge is to be built on a two percent grade, the
approach should be the same grade for at least 50 feet at each end.
Abrupt changes in the grade line at the ends of the bridge are to be avoided.
All stream crossing structures shall be removed by the contractor at
the completion of harvesting activity unless specifically allowed to remain
by the Town.
B. Truck Roads, Skid Roads and Log Landings
1. Whenever possible, main truck and skid roads should be located on
benches and ridges to minimize erosion. They should be kept out of wet
and poorly drained areas and off the tops and toes of banks and slopes.
2. Truck and skid roads shall be kept back from streams, ponds and marshes
at least 100 feet on slopes of 30 percent or less, and at least 150 feet
for steeper slopes.
3. Roads should be designed so that construction causes a minimum
amount of soil disturbance.
4. Wherever possible, truck road grades should not exceed 10 percent
and skid road grades should not exceed 20 percent.
5. Drainage structures shall be installed where necessary depending
on soil type, time of year, and amount of use.
Culverts with sufficient capacity to carry the largest expected flow
should be installed at the crossings of all drainage ways (except small
streams and seeps which can be safely diverted into ditches). Drainages
should be detoured from unstable areas to avoid saturation and erosion
and should be routed onto the forest floor preferably on benches so that
sediment can settle out before the drainage water reaches stream channels.
The town enforcement officer has the authority to require either temporary
or permanent installation of culverts if deemed necessary.
6. Skid road grades should be gradual — less than 20 percent in most
cases — to reduce erosion hazards. On steeper slopes, uphill skidding
should be avoided, although some uphill winching may be permitted.
7. The number and spacing of main skid roads depends upon terrain and
equipment. Skidding distances of 300 to 400 feet from the main skid
roads are reasonable. Since uphill skidding is not encouraged, main skid
roads should not be spaced more than about 500 feet apart.
8. Log landings should be concealed from the view of major travel corridors.
They should be put behind a hill or other land form that hides them from
the road. If this is not possible, they should be set back as far as practical
with the long axis perpendicular to the road. Entrances from the road
should be kept narrow to reduce the visibility from the roadside. Landings
should be placed on gently sloping ground that will give good drainage
and they should be kept out of low poorly drained places. No landing
shall be closer than 200 feet from any stream, pond, lake or marsh.
9. Upon completion of the harvesting activity, reclamation of the site
shall be performed by the applicant.
Truck roads and main skid trails shall, as needed, be smoothed, sloped,
ditched and seeded to perennial grasses and protected with water bars
as needed. Log landing shall be smoothed and seeded and streambanks
shall be restabilized. All reclamation efforts shall be subject to inspection
by the Town Enforcement Officer to assure compliance with this provision.
C. Aesthetics
The following practices shall be required by the Town to protect the
aesthetic qualities of any area:
1. Use of uncut strips to screen clearcut areas, shelter wood cuts or
other heavy cuts.
2. Cutting lightly near well traveled roads.
3. Removal of trash, such as lunch papers, oil cans and miscellaneous
junk during and after the harvest operation.
4. Removal of all structures used by the contractor upon completion
of harvesting.
5. Removal of hanging trees and severely damaged trees.
6. Removal of all logging debris from along public roadsides and ditches
for a distance of up to 100 feet.
7. Keeping skidders back in the woods and off road right-of-ways.
A
(Complete the certification in the paragraph which uppIies to the filing of this local law and strike out th(
matter therein which is not applicable.)
(Final adoption by local legislative body only.)
I. I hereby certify that the local law annexed hereto, designated as local law No. ..1Z .......... of 19..8.7.
>mk£�
of the .Lown of..W4.pp.jTIg.q.9 ........... was duly passed by .......TQWX1...BQ.a d .........................................................
(Name of Legislative Body)
MY
oil ... Romemlaar ... 1.6 ..............1 .8.7... in ac.coviance with the ap�ll-able provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer
or repassage after disapproval.)
2. 1 hereby certify that the local law annexed hereto, designatedas local law No.....................of 19........
County
ofthe To vn of ...................................... was duly passed by.....................................................................................
(Name of �Legialative Body)
Village not disapproved
on ........19........ and was approved by the
.............................................
repassed after disapproval ele..ctive Chief Executive Officer
and was deemed duly adopted on........................................................ 19 , in accordance with the applicable
........................................................
provisions of law.
(Final adoption by referendum.)
3. 1 hereby certify that the local law annexed hereto, designated as local law No ................... of 19.........
County
City
ofthe Town of ...................................... was duly passed by the...................................................................................
(Name of Legislative Body)
Village not disapproved
on...................................................19........ and was approved by the .............................................................
repassed after disapproval Elective Chief executive Officer
on......................................................................19........ Such local law was submitted to the people by reason of a
mandatory
permissive referendum and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on .................... 19........ , in accordance with the appli-
annual
cable provisions of law.
(Subject to permissive referendum and *final adoption because no valid petition filed requesting
referendum.)
4. 1 hereby certify that the local law annexed hereto, designated as local law No ................... of 19.........
County
ity
of the Town of ...............:...................... was duly passed by the
(Name of Legislative Body)
Village not disapproved
...................................................... 19........ and was approved by the ...6..
................ ......................on
..............
repassed after disapproval Elective chief Executive Officer
....................................................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
............................................................ 19........, in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county electec
on a county -wide basis or if there be, none the chairman of the board of supervisors, the mayor of a
city or village or the supervisor of a town, where such officer is vested with power to approve or
veto local laws or ordinances.
M
(City local law concerning Chartcr rc%ision proposed by petition.)
S. [
hereby certif% tlint the local lay+' annexed Hereto, designated submitted lto�referendum pursuant to the
...... hacing been
............
......•••••"'•""• vote of a majority
of the City of ............................... P g
provisions of § 36 of the `llunici 1l Ilome Rule Law and Navin received the affirmative o
P § special
electionheld on ••••••••••••••••••••••••••••••••••
of the qualified electors of such city Voting the at the general
................19 became operative.
(County local law concerning adoption of uiarter.) . of 197... of the
6. I hereby certify that the local law 11ofeNewrYorlaehavi►ig been signated as Local
ubmitt d to the Electors at the
County of ............... State
.......................
General Election of November ..........,
19 .........., pursuant to subdivisions 5 and 7 of Section 33 of t}ie ` uni-
jrity of
electors of the
cipal Home Rule Law and having received the affirmative vo`lalified eleoctors oftlthe to vnsdof said county
cities of said county as a unit and of a majority of the n
considered as a unit voting at said general election, became operative.
en followed, please provide an appropriate
(if any other authorized form of final adoption has be
certification.) on file in this
I further certify that I have compared the preceding local lawwholeofsuch originth the al local law, and was
and of the wh was
rorr
and that the same is a correct transcrip c1ve. "
finally adopted in the manner indicated i crap e
y. Town or *-T-Gkrk-or Officer
clerk of the
designated by Local Legislative Body
Date: November 20, 1987
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel,
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF.....DuWM0 ............................
Town Attorney, Village Attorne}
.P
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that a
proper proceedings have been had or taken for the enactment of 1 1 law sone here
..................................
.....
•••••,••••(Ticle of Officat) THOMAS F. W• ������••���
' Attorney to the Town
Got of ....... Wa.P.Plnur ..............................
Town
Dated: November 23, 1987