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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. r �I 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