(a) Definition. Timbering shall be construed to include the removal by select-cut or clear-cut of trees and brush, for commercial or personal purposes, which would allow the possibility of additional storm water runoff.
(b) Building Permit Requirement. A building permit shall be required before any timbering activity may take place in the Town of Winfield. Said permit shall only be for the removal of merchantable timber. The fee for said permit shall be $100.00.
(c) Application and Plans. A plan showing all haul roads, harvesting areas, property lines, skid, trails, streams, and all affected City streets, shall be submitted to the Building Inspector for approval. This plan shall also show all storm drainage and erosion control. Drainage calculations shall be submitted to indicate the proposed timbering operation on all affected watershed. These submitted plans and specifications shall be reviewed, approved or denied by the Town Engineer prior to issuance of a permit by the Building Inspector.
(d) Public Notification and Public Meeting. In addition the applicant shall provide the Winfield Planning Commission staff with a list of property owners' names and addresses who own property abutting the property to be timbered. This list may be prepared utilizing the maps in the Town of Winfield offices and Putnam County Assessor's records. Upon receipt of a proper application and property owner list, the Town of Winfield Planning Commission staff shall mail a notice to said owners advising them of the time, place and date of a public meeting at which the application will be discussed and explained. The first notification must be mailed at least fourteen (14) days prior to the commencement of the timbering, and a second notification must be mailed at least seven (7) days to commencement.
(e) Speed Limits. Speed limits on all City streets to be traveled by all timbering trucks shall be established by the Winfield Director of Public Safety prior to logging. The contractor shall exercise extreme caution in and around school zones. Any violation of speed limits shall be cause for revocation of permit and immediate suspension of work.
(f) Environmental Regulations. All applicable regulations issued by state and local agencies shall be followed during the timbering operation. These shall include, but are not limited to, regulations of the West Virginia Department of Natural Resources and Department of Agriculture.
(g) Hours of Operation. In general, no logging trucks shall be in use before 6:00 a.m. or after 6:00 p.m. Additional limitations may be imposed if local requirements dictate the need for such limitations.
(h) Street Repairs. The contractor shall agree to repair, at his own expense and in a timely manner or compensate the Town of Winfield in full, for any necessary repairs due to timbering including, but not limited to, repairing streets affected as determined by the Town Engineer. These repairs shall be performed at any time necessary during the logging operation and immediately upon completion of the timbering operation. In addition the contractor shall be required to perform all reclamation work as required by any State or Federal law.
(i) Bonding Requirements. The contractor shall supply the Town with a performance bond, (representative to be registered in West Virginia), in an amount to be determined by the Town Engineer prior to the commencement of any work. This bond amount should not be construed in any manner to relieve the contractor of his obligations under subsection (h) above. The amount of the bond shall not be considered as a maximum amount of obligation on the part of the contractor.
(j) Truck Cleaning. All logging trucks shall be cleaned of any mud before entering upon Town streets and highways. As a minimum, the contractor shall place a stone blanket near the intersection of his haul road and the paved street with such length to insure the cleaning of mud from the logging truck tires.
(k) Reimbursement for Town Services. If, due to the negligence on the part of the contractor or any other reason, the Town is required to clean streets of mud and debris resulting from the operation or is required to perform any emergency street repairs, the contractor shall be billed, and he shall compensate the Town of Winfield for above work at a rate to be determined
by the Winfield Planning Commission staff.
(Ord. 2007-08-6. Passed 6-10-08.)