Schodack Town City Zoning Code
ARTICLE VII
Timber Harvesting and Forestry
§ 219-86 Purpose.
The purpose of this article is to promote the health and safety of the residents of the Town by protecting the natural environment as affected by timber harvesting and forestry practices. 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 damage to the land and to adjacent lands and waters. Thus, the following requirements are 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; to require reclamation efforts that can limit subsequent environmental damage, particularly to control soil erosion and sediment-laden runoff; and to utilize professional forest management expertise in the preparation and evaluation of timber harvest plans.
§ 219-87 Permit requirement.
A.
Special use permit requirement.
(1)
It is hereby required that any timber harvesting and forestry activity shall require a special use permit from the Planning Board by anyone desiring to harvest timber for profit.
(2)
Such permit shall be applied for jointly by the property owner and the logger. If the owner of the property on which said timber is located is an active cooperator under in a State or Federal forest management program, or if the property is currently receiving tax benefits under the provisions of § 480-a of the Real Property Tax Law, the Planning Board, in its discretion, may waive this permit requirement provision. However, the Town shall enforce all other provisions of this article in pertaining to the application procedure.
B.
Clearing of land solely for agricultural purposes by an agricultural use in accordance with this chapter shall be exempt from the timber harvesting and forestry regulations.
§ 219-88 Standards for operation.
All commercial timber harvesting pursuant to this article shall comply with the following standards:
A.
No forest haul road or skid trail shall be constructed to exceed a slope of 25% for a distance of more than 200 feet. The applicant shall take appropriate measures to divert running water from the roads at intervals in order to minimize erosion.
B.
All timber harvesting should follow New York State Department of Environmental Conservation Forestry Best Management Practices Field Guide for Water Quality, as may be amended from time to time.
C.
All streams shall be crossed by temporary culverts or bridges, and such crossings shall be made in a direction at a right angle to the flow of the stream unless, under the provisions of the Stream Protection Law, Article 15-5 of the Environmental Conservation Law, as amended, a Department of Environmental Conservation permit requires more stringent measures, which more stringent measures shall be complied with by the logger and the landowner.
D.
There shall be no skidding in any stream channel, and all logging slash and debris shall be promptly removed from any stream channel.
E.
The Planning Board may require placement and maintenance of waterbars to protect streams at such points as landings or other areas of considerable disturbance.
F.
Buffer strips shall be retained at least 50 feet wide along streams and at least 100 feet wide along pubic roads. Within such buffer strips, no trees of less than 12 inches diameter at breast height (DBH) shall be harvested unless the property is in the Cooperative Forest Management Program and the trees have been marked by a professional forester. No landings shall be located within buffer strips abutting streams. Landings located within buffer strips abutting roads shall be properly graded and water-barred to prevent sediment from washing into the drainage ditches along the public road.
G.
The entrance of haul roads onto Town roads shall be done in compliance with Town regulations.
H.
The applicant shall file with the Town a certificate of insurance or like document evidencing a valid general liability insurance policy issued in the name of the applicant and under which the Town of Schodack is listed as an additional insured. The limits of such policy shall not be less than $1,000,000 unless for good cause shown by the applicant a lesser amount is authorized by the Planning Board. Such policy shall be submitted and kept on file at the Building Department.
I.
Haul roads shall have waterbars or other water diversion structures as outlined by the New York State Department of Environmental Conservation Forestry Best Management Practices Field Guide for Water Quality, placed at the following intervals unless the Planning Board determines an alternate water diversion is desirable:
Road Grade | Spacing (feet) |
|---|---|
2% to 5% | 300 to 500 |
6% to 10% | 200 to 300 |
11% to 15% | 100 to 200 |
16% and greater | 100 |
J.
Site reclamation. Haul roads shall be smoothed, sloped, ditched and seeded with perennial grasses, as needed. Landings shall be smoothed, seeded and protected with waterbars, as needed. At stream crossings, temporary stream culverts and bridges shall be removed, and stream banks shall be restabilized. All reclamation efforts shall be subject to inspection by the Town to assure compliance with this provision.
§ 219-89 Permit approval procedure; fees; bond.
A.
No commercial timber harvesting shall be undertaken until granted a special use permit, as approved by the Planning Board, in accordance with procedures outlined in accordance with this chapter.
B.
An application for a timber harvesting permit shall include:
(1)
An application fee and inspection fee in accordance with the adopted fee schedule.
(2)
A description of the proposed harvesting activity including the proposed selection cutting. All trees to be harvested shall be marked via some specified criteria before the harvesting begins.
(3)
The dates between which such harvesting activity will occur.
(4)
Sufficient information to determine that the proposed harvesting activity will comply with the standards for harvesting set forth herein.
(5)
A map showing the specific areas to be harvested and the location of proposed forest haul roads, landings and stream crossings. The map shall be at a scale of 1:24,000 (such as a United States Geological Survey Topographic Map, a New York State Department of Transportation Planimetric Map or Town Tax Map) or any scale of a smaller ratio such that a larger map is produced.
(6)
A bond or certified check as required herein.
C.
Upon receipt of an application for a timber harvesting special use permit, the Planning Board shall, at its option, submit the application to the Department of Environmental Conservation and request a review of the application by a Department of Environmental Conservation forester or to a professional forester selected by the Planning Board for review. In a case where the timber is being harvested for the purpose of clearing the land for conversion to agricultural use, building purposes or for utility line rights-of-way, the Planning Board may, in its discretion, waive this review requirement.
D.
Performance cash bond. As a part of the permit requirement procedure as defined herein, a performance cash bond or surety in a form acceptable to the Planning Board for the purposes of restoration of the site and repair of any Town roads as a condition approved by the Planning Board shall be posted with the Town Clerk by the logger in accordance with the adopted Town of Schodack fee schedule in order to assure compliance with the provisions of this article. Any forfeited cash bond secured for restoration of the site shall be returned to the property owner.
