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HomeMy WebLinkAboutLL 03 of 2012 Timber Harvesting in Conservation Zones (2)Andrew M. Cuomo OovawoR Paulette Terwilliger Town Clerk 215 N Tioga Street Ithaca NY 14850 State of New York DtPARTMEliT OP STATE" One Commerce Plaza 99 Washington Avenue Albany, NY 12231-0001 I March 20, 2012 Cesar A. Perales Sbcretary of State 7 RE: Town of Ithaca, Local Law 2 & 3 2012, filed on March 16, 2012 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.nv.us. Sincerely, State Records and Law Bureau (518)474-2755 WWWJ)0S^ATEJ4Y.US • E-MAE.: INF0@P0S.STATE.NY.U8 NEW YORK STATE DEPARTMENT OF STATE Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use Italics or underlining to Indicate new matter. □ County □ City Ithaca II Town □ Village Local Law No. of the year 20 1?^ A local law ^Amending the Zoning Chapter of the Town of Ithaca Code Regarding(Insert Title) ~~~ Timber Harvesting and Other Requirements in Conservation Zones and Adding Related Definitions _ Be it enacted by the ^°wn Board of the (Name of Legislative Body) □ County Q City - ithaca , ,,' of as follows: B Town □ Village See attached (If additional space is needed, attach pages the same size as this sheet, and number each.) Dos-239 (Rev. 05/05) Page 1 of 3 (Complete the certification in the paragraph that applies to the filing of this locai law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 2012 , the (County)(Clty)(Town)(Village) of Ithaca ^gg jj^iy p3550jj jjy ' Town Board on March 12 -jo 12 (Name of Legislative Body) provisions of law. In accordance with the applicable 2. (Passage by local legislative body with approvai, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the locai law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance w Ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)( not approve^ (Name of Legislative Body) (repassed after disapproval) by the on 20 (Eiective Chief Executive Officer*) 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 thereon at the (general) (special)(annual) election held on 20 „ in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and finai adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the (Name of Legislative-^) (approved)(not approved) (repassed after disapproval) by the _on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239 (Rev. 05/05)Page 2 of 3 5. (City local law concerning Charter revision proposed by petition.) / I hereby certify that the local law annexed hereto, designated as local law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of /^■N;he Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting hereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the origip^ on file In this office and that the same is acorrect transcript therefrom and of the whole of such original local law, and^yfas fi^ajlv adopted in the manner indicated in paragraph _1 , above. Clerk of the county ie^lative body, City, Town or Village Clerk or ^ officer designated by Ipcal legislative body (Seal) ' "" " - Date: / S (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) -ATE OF NEW YORK FLINTY OF Tompklns I, the undersigned, hereby certify that the foregoing local law contains the c ct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title CountyCity^^ Ithaca Town Village Date: Dos-239 (Rev. 05/05) Page 3 of 3 Adopted 3-12-2012 1 TOWN OF ITHACA LOCAL LAW NO. 3 OF THE YEAR 2012 A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING TIMBER HARVESTING AND OTHER REQUIREMENTS IN CONSERVATION ZONES AND ADDING RELATED DEFINITIONS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code, Section 270-5, entitled “Definitions,” is amended by adding the following definitions: BIOLOGICAL CORRIDOR—A waterway or a substantially undeveloped stretch of land consisting of vegetation that serves to facilitate wildlife movement between habitat areas. Biological corridors may cross more than one parcel of land. CLEAR-CUTTING-- A method of cutting, removal or harvesting that removes 50% or more of the trees of six inches or more in diameter at breast height in any area of more than one acre on a parcel. DIAMETER AT BREAST HEIGHT-- The diameter of a tree 4 1/2 feet above ground level. NON-NATIVE INVASIVE SPECIES – As listed on the “Invasive Plants of the Ithaca, New York Area” listing produced by the Tompkins County Environmental Management Council, as revised from time to time, or on other lists produced by Tompkins County or New York State, these are alien or exotic plant species that spread and compete with native species, often eliminating the latter. TIMBER HARVESTING-- The cutting, removal, or harvesting of timber or trees. WETLAND—Any area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Section 2. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, Section 270-10, entitled “Purpose,” is amended by adding the word “negative” before the phrase “environmental impact” in the first sentence of subsection A. Section 3. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, Section 270-11, entitled “Permitted principal uses,” is amended by deleting subsection E and replacing it with a new subsection 270-11.E reading as follows: “E. Forest management and other forest resource uses. Timber harvesting shall be subject to the requirements in § 270-22.L.” Adopted 3-12-2012 2 Section 4. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, Section 270-12, entitled “Principal uses authorized by special permit only,” is amended by adding new subsection H reading as follows: “H. Deposit, removal or moving of earth, fill or related products consisting of more than 50 cubic yards of material on any parcel in any one year, as described and regulated in § 270-217 of this chapter.” Section 5. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, Section 270-14, entitled “Permitted accessory buildings or uses,” is amended by adding new subsection I as follows: “I. Timber harvesting, subject to the requirements in § 270-22.L.” Section 6. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, Section 270-22, entitled “Additional requirements and restrictions,” is amended as follows: A. Delete subparagraph (1) in subsection E and replace it with the following new subparagraph (1): “(1) Existing native vegetation shall be maintained to the extent practicable, with conserved areas clearly defined on proposed and approved site plans and subdivision plats. Timber harvesting shall be subject to the requirements in subsection L below.” B. Add a new subparagraph (3) in subsection E reading as follows: “(3) Non-native invasive species shall not be planted, and if present on a site, they may be removed by the site owner or authorized agent.” C. Delete subsection K and replace it with the following new subsection K: “K. Whenever a subdivision of land or a site plan is proposed in a Conservation Zone, the Planning Board may require that the nonbuildable areas listed above, including wetlands, slopes 25% or greater, and streams/watercourses and setbacks, be shown on the preliminary and final subdivision plats and site plans.” D. Add a new subsection L reading as follows: “L. Timber harvesting. (1) No timber harvesting shall occur without a timber harvesting permit issued by a Code Enforcement Officer, unless such timber Adopted 3-12-2012 3 harvesting is exempted from this permit requirement by subparagraph 2 below. (2) The following shall not require a timber harvesting permit: (a) Reasonable site clearing preparatory to construction of a building or other structure for which a building permit has been issued, provided such site clearing does not exceed one acre. (b) Site clearing preparatory to construction of a building or other structure pursuant to a site plan approved by the Planning Board, provided such site clearing does not exceed one acre. (c) Clearing of land for rights-of-way or utilities. (d) Clearing and maintenance of land for agricultural purposes (including timber operations that constitute a farm operation, as defined by § 301 of the New York Agriculture and Markets Law), where the principal use of the land is as a farm and the land is located within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law. (e) The harvesting of evergreens specifically planted for Christmas trees. (f) Maintenance of trees or property through the pruning or topping of trees. (g) Cutting, removing or harvesting trees to prevent or treat disease, to control invasive species, or to remove trees that are dead or damaged or present safety or health hazards. (h) Any other cutting, removal or harvesting of timber from a parcel in quantities less than 10 standard cords of wood, or 5,000 board feet, as measured by the International ¼ Inch log rule described in the U.S. Forest Service’s National Forest Log Scaling Handbook (effective October 30, 2006), in any one year. (3) Submission requirements for timber harvesting permit. An applicant for a timber harvesting permit shall submit a Forest Management Plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is Adopted 3-12-2012 4 later created, a Cooperating Consulting Forester with the New York State Department of Environmental Conservation, or a qualified forester approved by the Town Code Enforcement Officer. Such Forest Management Plan shall demonstrate compliance with all standards contained in subparagraph 5 below as well as applicable timber harvesting guidelines issued by the New York State Department of Environmental Conservation. In addition, the application shall include the following: (a) A description of the land on which the proposed timber harvest will occur, including deed and filed map references, lot numbers, and tax parcel numbers. (b) The full name and address of the owner and of the applicant, the names and addresses of their responsible officers if any of them are corporations, and written permission from the owner if the applicant is not the owner. (c) The signature of the professional forester responsible for the Forest Management Plan and the application. (d) A description of trees to be cut, the percentage of trees to be cut, and the methods of cutting and removing trees, and a plan to preserve healthy, mature trees to maintain a sustainable stand of woodland, which plan shall identify ecologically valuable trees of native species to be conserved throughout the harvesting operation. (e) A description of any locally or regionally scarce plants or rare or endangered plant species as designated by the New York State Department of Environmental Conservation located within any areas proposed to be disturbed by the timber harvesting operations. (f) The location of any access to a paved or unpaved road shown on the most recent version of the Town’s Official Map, and the location and nature of all existing and proposed logging roads, all staging areas for loading equipment and logs, and all other disturbances to the site as part of the timber harvesting operation. (g) All wetlands, watercourses, topography at five-foot intervals, slopes identified as unstable by the professional forester, and slopes exceeding 25%. Adopted 3-12-2012 5 (h) A plan for cleanup of timber harvesting areas, staging areas, and landings upon completion of the harvesting operations. (i) A plan for restoration of timber harvesting areas, staging areas, and landings to a natural state upon completion of the harvesting operations. (j) If the professional forester determines that engineering controls are necessary to prevent erosion and sedimentation, identification of the location and type of such engineering controls. (k) Submission of any stormwater pollution prevention plan or simple erosion and sedimentation control plan required by Chapter 228. (l) Such other information as may reasonably be required by the Code Enforcement Officer. (m) Submission of the application fee, which shall be set from time to time by Town Board resolution. (4) On-site requirements for timber harvesting permit application. In addition to the application information required in subparagraph 3 above, the applicant shall take the following actions on-site where a timber harvest is proposed: (a) Mark all trees selected for harvest. Any specimen trees identified for protection shall also be appropriately marked. (b) Flag the line designating the protected one-hundred-foot buffer for streams and wetlands (see subparagraph 5(b) below). The wetland buffer shall be flagged by a qualified wetland scientist. (5) Standards for Forest Management Plans and their implementation. (a) No clear-cutting shall be permitted unless specifically shown in the approved Forest Management Plan, in which case a reforestation plan shall also be included in the Forest Management Plan. The replanting shall not include non- native invasive species. Replanting of trees pursuant to such reforestation plan shall be secured by a performance bond, as provided in subparagraph 6 below. Adopted 3-12-2012 6 (b) For parcels that are 10 acres or less, clear-cutting shall not occur on more than 20% of the parcel. For parcels that exceed 10 acres, clear-cutting shall not occur on more than 20% of 10 acres on the parcel, and clear-cutting shall not occur on more than 10% of the balance of the acreage on the parcel. (c) No timber harvesting or logging road construction shall occur within one hundred feet of any wetland, or of any stream protected by the New York State Department of Environmental Conservation, except as necessary to cross a stream, where such stream crossing is permitted by the New York State Department of Environmental Conservation. In addition, timber harvesting and logging road construction must comply with all other applicable zoning requirements, including any more restrictive stream setback requirements. (d) No timber harvesting or logging road construction shall occur on any steep slope equal to or exceeding 25 percent. Slopes of 25 percent or greater shall be determined by using one of the following resources or methods, as appropriate: [1] On-site measurement of slopes by registered professional engineers, surveyors, or landscape architects, using accepted engineering practices. [2] Use of two-foot topographic data created with the use of Light Detection and Ranging (LIDAR)- derived information. [3] United States Geological Survey 7.5 Minute Quadrangles. [4] Other resources or methods that Town staff determine are of similar or greater accuracy than those listed above. (e) Best management practices for stormwater management shall be required to prevent runoff of mud, debris, and silt- laden stormwater from the site to streams, public roads, or the shoulders or drainage systems of public roads. Adopted 3-12-2012 7 (f) No tree cutting, harvesting or removal, other than for exempt operations, shall take place between the hours of 6:00 p.m. and 7:00 a.m. local time. (g) All trees shall be felled so that no trees or debris falls on any adjoining property or on any roads not owned or controlled by the applicant. (h) All stumps shall be cut off as low as possible and shall, in general, be no higher than the diameter of the tree trunk when measured on the uphill side of the stump. (i) Landing and loading areas shall be located as close as possible to the timber harvesting operations and shall be smoothed to remove all ruts and debris at the conclusion of the timber harvesting operation. (j) The timber harvesting operation shall comply with all applicable erosion, sediment control, and stormwater management regulations, including any stormwater pollution prevention plans and simple erosion and sedimentation control plans. (k) Equipment used for timber harvesting shall be as small and nondisruptive to the forest as is economically feasible and safe. (l) Logging roads and skid trails shall be designed to avoid erosion and stream sedimentation. The Forest Management Plan shall ensure the proper location of such roads and skid trails and, where necessary, the use of appropriate engineering controls. (m) Cutting or clearing of any locally or regionally scarce plants or rare or endangered plant species as designated by the New York State Department of Environmental Conservation is permitted only upon receipt of a special permit for same by the Planning Board in accordance with the procedures set forth in this chapter. (n) Slash and/or logging debris shall not be burned on-site. (6) Performance bond. All site restoration required by the Forest Management Plan, including replanting of trees pursuant to a reforestation plan, removal of stumps and debris, restoration of landing and loading areas, and remediation of any damage to Adopted 3-12-2012 8 retained natural vegetation, roads, or drainage systems, shall be secured by a performance bond. The performance bond shall be furnished in accordance with the procedures specified in § 277 of the Town Law of the State of New York relating to subdivisions. The sufficiency of such performance bond shall be determined by the Director of Code Enforcement after consultation with the Department of Public Works. (7) Procedures for approval and enforcement of a timber harvesting permit. (a) Upon receipt of a complete timber harvesting permit application, the Code Enforcement Officer shall refer the application to the Town Conservation Board for review and a recommendation pursuant to the procedures in Town Code § 23-3. The Conservation Board shall have 30 days from the date of referral to complete its review and submit any written comments to the Code Enforcement Officer. If the Conservation Board fails to act within this time, the Code Enforcement Officer may proceed with his or her permit determination. (b) The Code Enforcement Officer shall promptly review the timber harvesting permit application, inspect the site, and approve or deny the application, giving the reason for any denial. A copy of the permit or decision to disapprove shall be delivered or mailed to the applicant within 45 days of the submission of a complete application. (c) Any permit shall be conditioned upon approval of access point(s) onto any Town roads, issued by the Town Highway Superintendent, and upon compliance, where applicable, with Chapter 230 (Streets and Sidewalks), Article I (Excavation and Construction in Municipal Roadways and Highway Rights-of-Way) of the Town of Ithaca Code. (d) The timber harvesting permit shall consist of the application submitted, any conditions imposed by the Code Enforcement Officer and attached to the application, and the approval of the Code Enforcement Officer endorsed on the application with the attached conditions. The timber harvesting permit shall be placed in the permanent property file for the property. Adopted 3-12-2012 9 (e) A timber harvesting permit shall be valid for a period of two years from the date of its issuance, except where a multiphase Forest Management Plan has been submitted, in which case the permit may be approved with time limits indicated within the permit for each phase. No timber harvesting permit shall be valid for a period in excess of 10 years. (f) Before any site work begins, the Code Enforcement Officer shall inspect the site to assure that the buffer areas and staging areas are adequately marked and that any other applicable permit conditions have been implemented. The Code Enforcement Officer shall make periodic inspections to assure compliance with the Forest Management Plan and all conditions of approval. (g) The Code Enforcement Officer or Stormwater Management Officer shall have the authority to issue a stop-work order for all or part of the cutting and harvesting activity if in his or her opinion conditions created by a spring thaw, adverse weather conditions or any other cause may make damage to Town roads likely or may result in soil erosion or other damage beyond or outside of the boundaries of the area of the timber harvesting operation. (h) Inspection of the site and review of the Forest Management Plan may be delegated by the Code Enforcement Officer to a professional forester retained by the Town.” Section 7. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 8. This local law shall take effect immediately upon its filing with the New York Secretary of State.