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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. 230 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. 231 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.