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.                        5                      of the year 2017

 

A local law  amending the local law which regulates 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 of the Town Code of the Town of Saratoga is hereby amended as follows.

 

SECTION  2

 

 

Section 273.-2             Definitions

 

             Clear Cutting

A parcel of land 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, and with the provisions of Section 400-8.12 of the Town Code. Approval shall also be subject to all regulations of NYSDEC involving streams, wetlands, and protected species.

 

 

 

 

 

 

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 of not less than $2,000.00, nor more than $25,000.00, or alternatively, a higher amount not exceeding double any gain realized from the commission of the violation, or by 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, to compel arboreal restoration of the affected forested land, and to impose a civil penalty in an amount equal to $2,000.00 for each tree removed.

 

 

 

SECTION 3 – Effective Date.

 

            This local law shall take effect immediately.