(a) Definitions. As used in this section:
(1) "Timbering, " "logging, " "commercial cutting" and "timbering operation" mean the cutting of trees bearing a trunk diameter of not less than nine (9) inches measured at a distance of fourteen (14) inches above ground level.
(2) "Clear-cutting" means the removal of trees and other vegetation from a site in preparation for the development of the same.
(3) "For commercial purposes" means for the purpose, or with the intent, of offering for sale, selling or exchanging for consideration or anything of value.
(b) Permit Required. No property owner, lessee, agent, employee, corporation or other person shall, for commercial purposes, timber, log, cut or clear-cut, or engage in any timbering operation, within the City, without first obtaining a permit therefor from the Building Commissioner.
(c) Permit Application. Any person requesting a permit, as required by this section, shall make an application to the Building Commissioner in writing, listing or accompanied by:
(1) The name and address of each owner of the premises upon which the timbering operation will occur;
(2) The name and address of the party who or which will undertake the timbering operation;
(3) A detailed plan or sketch of the area to be timbered or clear-cut;
(4) A legal description of the property;
(5) A topographical survey map of the property;
(6) A detailed plan outlining erosion control measures, sedimentation control, clean-up procedures and after care; and
(7) A cash or surety bond, in such form as approved by the Law Director, in favor of the City, in the amount of five thousand dollars ($5,000), signed by the owner of the premises upon which the timbering is to be conducted and each of the persons or other legal entities with whom arrangements have been made for the timbering of trees.
The application fee for such permit shall be two hundred fifty dollars ($250.00) and shall be paid to the Building Commissioner with the application.
(d) Permit Review. In addition to his or her own review, the Building Commissioner shall submit the application for a permit and all accompanying documents to the United States Department of Agriculture Soil and Conservation Service for its review, and request a report and recommendations from it regarding the potential risks and necessary protections against soil erosion and stream siltation and the necessary after-care measures to be undertaken. Such recommendations from the Soil and Conservation Service may be attached as conditions to the issuance of the permit if granted.
(e) Granting of Permit. A permit shall be granted if the Building Commissioner finds, in regard to such proposed timbering, logging, commercial cutting, clear-cutting or timbering operation, that:
(1) The requested operation will not result in undue erosion or undue stream siltation and contiguous or adjacent properties will not be adversely affected.
(2) Adequate assurances have been provided by the applicant that all of the cordwood, branches, bush, rubble and refuse resulting from the requested operation will be removed from the premises or cut up, chipped or mulched and placed on the forest floor in such a way that no fire hazard shall result therefrom.
(3) The requested operation will comply with all Federal and State laws and these Codified Ordinances, including, but not limited to, the requirements of this chapter.
(4) The bond required by subsection (c) hereof has been posted.
(5) The requested operation will not tend to create a nuisance.
If a permit is granted, the Building Commissioner shall specify the hours during which the requested operation may be conducted, designate the streets, if any, which may be used for the hauling of timber, and provide for such other controls, such as the prevention of mud on streets, as are necessary to insure a clean and safe timbering operation.
In granting such permit, the Building Commissioner may also include as conditions any recommendations of the Soil and Conservation Service pursuant to subsection (d) hereof and/or such other reasonable conditions as may be necessary to satisfy the criteria of this section and to protect the public peace, health, safety and welfare.
(f) Release of Bond. The bond specified in subsection (c) hereof shall not be returned or released until such time as all provisions of this section and all conditions of the permit have been satisfactorily complied with, as determined by the Building Commissioner, including, but not limited to, clean-up operations and erosion control measures.
(g) Enforcement; Penalty. In addition to the penalty provided in Section 707.99(b), the Building Commissioner may revoke any permit issued by him pursuant to the provisions of subsection (e) hereof and may also, in his discretion, institute and maintain, in the name of the Municipality, an appropriate action at law or in equity to restrain any violations of this section. (Am. Ord. 94-1982. Passed 1-24-83.)