Marlborough City Zoning Code
CHAPTER 141
Trees
[Adopted 6-9-2003 by L.L. No. 3-2003]
§ 141-1 Purpose.
The purpose of this article is to promote the general welfare of the residents of the Town of Marlborough by protecting the natural environment and public safety as may be affected by timber harvesting. The Town recognizes that the timber resource is of value to the landowner and may be harvested in appropriate circumstances. The Town also recognizes that if timber harvesting practices are improperly carried out, they can result in significant damage to the forest environment and to neighboring lands and waters. This article is intended to regulate timber harvesting, require land reclamation and utilize professional forest management expertise in the preparation and evaluation of timber harvest planning and work.
§ 141-2 Site plan required; public hearing.
No timber harvesting shall be permitted unless the landowner has first obtained a site plan approval from the Town of Marlborough Planning Board, under § 155-31 of the Code of the Town of Marlborough. “Timber harvesting” is defined as the cutting of trees having a twelve-inch or greater diameter measured four feet above the ground within an area larger than two acres during a single twelve-month period.
§ 141-3 Applicability.
This article shall not be construed to prohibit timber harvesting or to require a timber harvesting site plan for:
Clearing of land for rights-of-way for approved public utilities, except that said clearing shall comply with accepted forest management practices.
Harvesting of trees by the landowner for his or her personal and noncommercial use.
Removal of trees to the extent required or necessary for site preparation for construction or land development pursuant to a building permit or approval granted by the Planning Board or Zoning Board of Appeals. Removal of trees in excess of that required or necessary to carry out the construction or land development authorized by such permit or approval is not exempt from the requirements of this article.
Removal of trees in the normal operation of an agricultural business operated under normal agricultural practices shall be exempt from this chapter.
Harvesting of Christmas trees.
§ 141-4 Clear cutting.
Notwithstanding any other provision of law, clear-cutting may be permitted by the Planning Board only if specified clear-cutting is recommended by a forester, who holds a degree in forestry from an accredited college. “Clearcutting” is defined as the cutting or removal within any area of all trees having a diameter of two inches or more measured four feet above the ground.
§ 141-5 Application information required.
In addition to site plan requirements, the landowner shall submit the following information to the Planning Board before the Planning Board issues a timber harvesting approval:
Written narrative, including:
The total land area involved in cutting operations.
The number of trees of each species to be cut.
The range, in inches of diameter, of trees to be cut.
The average number of trees per acre to be removed.
The purpose and extent of earth moving, storage and reclamation.
Boundaries of property, topography, soil types and all neighboring lands (and owners thereof) within 500 feet of property boundaries.
Access roads to property.
Haul roads or other internal roads, trails or ways.
Area within the property where harvesting will occur.
Location of product loading areas.
Erosion control and stormwater management measures.
Streams, wetlands, ponds and other water bodies.
Name and address of the proposed logger.
Name of logger(s). If a logger changes at any time prior to completion of work, the landowner must immediately notify the Planning Board in writing of the name of the replacement logger(s) and shall comply with requirements of § 141-7 if necessary.
Property maintenance plan.
The Planning Board may require submission of a report prepared by a qualified forester, who holds a degree in forestry from an accredited college, and may retain, at the applicant's expense, its own forester and/or other consultant(s) to review the application.
Any other information deemed reasonably necessary by a professional forester.
§ 141-6 Standards.
Approved erosion control and stormwater management measures shall be implemented at all times.
The proposed operation shall not adversely affect drainage or growth of vegetation, contribute to soil erosion or adversely affect lands or waters of the applicant's or other properties.
Only designated trees shall be cut within 50 feet of any property line or public right-of-way. Trees falling on an adjacent property shall immediately be removed to the permittee's property.
If the access road from the public right-of-way is located within 200 feet of adjacent property, the access road shall have a dustless surface of sufficient length to mitigate impact on adjacent lands as determined by the Planning Board. For purpose of this subsection only, adjacent property shall not include property located on the opposite side of the public right-of-way.
Loading areas shall be located on the applicant's property only and shall be smoothed to remove all ruts and debris. Nonorganic waste materials shall be properly removed and disposed. Organic waste materials within 100 feet of any property line or public right-of-way shall be cut and slashed into smaller pieces so as to settle close to the ground.
The landowner shall be responsible to keep all public roads clear and clean at all times and to repair any damage caused, directly or indirectly, by the logging operation. If the landowner fails to clean, clear or repair any public highway after due notice, the Town may cause such cleaning, clearing or repair and bill the landowner for all costs. If such bill is not paid within 30 days, than the cost may be assessed and levied against the landowner's property and collected in the same manner as real property taxes.
No harvesting, cutting, milling or removal of products or any other activity related to harvesting shall take place between the hours of 7:00 p.m. and 7:00 a.m. or at any time on Saturday, Sunday or legal holidays.
Appropriate screening, access, dust and noise controls as determined by the Planning Board shall be implemented.
Property maintenance plan. The property maintenance plan shall be prepared by a professional forester and shall provide, at a minimum, for adequate erosion and stormwater management control, after harvesting operations are completed.
The Planning Board may impose additional requirements and conditions prior to approval governing harvesting operations and post-harvesting conditions if recommended by a professional forester.
The Planning Board may waive or reduce any of the standards or requirements of this article. Any such waiver or reduction shall be affinnatively made and supported by a reason stated in the record.
The term of a tree harvesting site plan shall be for one year. One one-year extension may be granted by the Planning Board upon written request made prior to expiration of the initial term. The Planning Board, after public hearing, may impose additional or revised requirements as conditions of a site plan extension.
§ 141-7 Performance/Maintenance bond.
[Amended 3-9-2009 by L.L. No. 4-2009]
Prior to approval, the Planning Board shall require the applicant or its agent to post a performance bond to insure compliance with all applicable standards and requirements in an amount as determined by the Town Engineer and in a form approved by the Planning Board and its attorney, sufficient to secure the performance of the forestry plan, requirements of this article, permit conditions and the maintenance plan. The bond shall remain in effect until formally released by the Planning Board, except that the bond shall remain in effect no longer than two years after completion of the tree harvesting operation unless the applicant consents to a longer period of time. In the event that the applicant or agent does not fulfill the conditions of the bond or fails to comply with any requirement or permit condition, the Town may, after due notice to the applicant, agent or surety, proceed to perform the work necessary to cause compliance with the bond, requirements or permit conditions and shall charge the cost to the owner, agent and/or surety.
§ 141-8 Right of entry.
Town officials, employees and agents shall be authorized to enter upon the landowner’s property for purposes of reviewing an application and of determining compliance with any permit issued pursuant to this chapter. Such entrance and inspection shall be initiated at reasonable times, but at any time whenever deemed necessary to protect the public interest. Owners, agents and operators shall be responsible for allowing access to the entire property.
§ 141-9 Monitoring of operation.
The Planning Board may retain a forester and other consultants, at the applicant's expense, to monitor harvesting and reclamation activities, make recommendations and advice regarding permit compliance. Such Board may require the applicant to deposit a specified sum of money with the Town to pay for the consultant(s).
§ 141-10 Limitation on number of permits issued.
The Town Board is authorized to limit the number of site plans for tree harvesting that may be issued and/or in effect during any period of time specified by the Town Board. The Town Board may establish such limitation and amend same from time to time, by resolution.
§ 141-11 Enforcement.
This article shall be enforced by the Building Inspector or Code Enforcement Officer. Enforcement officers are authorized to issue violation notices, orders to remedy appearance tickets and stop-work orders.
§ 141-12 Penalties for offenses.
Any persons committing an offense against any provision of this article shall be guilty of a violation punishable by a fine not exceeding $250, or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
Any person committing a second offense against any provision of this article within five years of the first offense shall be guilty of a misdemeanor punishable by a fine not exceeding $1,000, or by imprisonment for a term not exceeding one year, or both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct charge against the individual.
In addition to the provisions of Subsections A and B above, the enforcement officer may suspend or revoke any permit issued under this article as well as call any bond that has been posted. In addition, the individual shall be subject to a civil penalty of $100 per day for each day the offense is continued as well as a civil penalty of $500 for reinstatement of any permit suspended by the enforcement officer. If a permit is revoked by the enforcement officer the permit holder must reapply for a new permit.
In addition to and not in lieu of the above, the Planning Board may require any permittee to appear before the Planning Board at any meeting to address any matter related to the permit, and the Planning Board is authorized to revoke, suspend or modify such permit.