Local Law Filing NEW YORK STATE DEPARTMENT OF STATE

41 STATE STREET, ALBANY, NY 12231

(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.

Town of                                  Saratoga                                             

            Local Law No.                        4                      of the year 2017

A local law to regulate the clear cutting of forested land in the Town of Saratoga.              

Be it enacted by the                           Town Board                                                      of the

(Name of Legislative Body)

           Town of                                   Saratoga                                                     as follows:

SECTION 1 – Chapter 273 is hereby added to the Code of the Town of Saratoga, to be entitled “Clear Cutting of Forested Land”.

SECTION  2 –

Section 273.-1             Purpose.

The purpose of this section is to properly preserve forested land in the Town of Saratoga. Forested land is an important natural resource and an integral part of the scenic beauty and healthy ecosystem of the Town. Forested land provides soil erosion controls and surface water flow barriers. Accordingly, the clear-cutting of forested land is of concern to the people of the Town. The provisions of this local law are intended to supplement the erosion and sediment controls for land development set forth in Section 400-8.12 of the Town Code.

Section 273.-2             Definitions

Clear Cutting

A forested stand of greater than two acres in which substantially all trees are removed in a single operation or a series of related operations.

Section 273.-3             Permit Procedure

Before any clear cutting of trees may begin, the property owner shall apply for and obtain a special permit from the Town of Saratoga Planning Board. The applicant and the Board shall follow the procedures for special permits set forth in Article VIII of the Zoning Ordinance. Approval shall be consistent with the purposes of this section. Approval shall also be subject to all regulations of NYSDEC involving streams and wetlands.

Section 273.-4             Exemptions

            The following uses and activities shall be exempt from this section:

1. Clear cutting in connection with an ongoing bona fide “farm operation” as that term is defined in

Section 301 (11) of the NYS Agriculture and Markets Law. However, such clear cutting shall still require a written application to the code enforcement officer and the issuance of a permit consistent with the provisions of this section and NYSDEC regulations.  Such application shall be made by the property owner, and (if applicable) the lessee of the property.

2. Clear cutting as part of work performed on a development subdivision previously approved by the Planning Board.

Section 273.-5             Penalties

            Any person, firm or corporation who or which violates this section shall be guilty of a misdemeanor, and             upon conviction may be penalized by a fine not exceeding $1,000.00, or alternatively, a higher amount

not exceeding double any gain realized from the commission of the violation, or a term of imprisonment not to exceed one year, or both. In addition, the Town Board may also maintain an action in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction such violation, and to compel arboreal restoration of the affected forested land.

SECTION 3 – Effective Date.

            This local law shall take effect immediately.