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HomeMy Public PortalAbout2015.04.23 Timber Harvest3.8.03: TIMBER HARVEST: (A) Public Resource: The existing forest in the McCall area is considered a public resource, important to the character of the planning jurisdiction and its tourist economy. (B) Tree Removal Limitations: Prior to the issuance of a relevant building permit, tree removal shall be limited to the removal of no more than twenty percent (20%) of the stems per lot or parcel, with the removal of dead, dying or damaged timber being given priority. Removal of stems larger than twelve inches (12") in diameter measured at sixty inches (60") will require the approval of the city arborist. Further removal will be limited to the salvage of further dead, dying or damaged timber. Following issuance of a relevant building permit, tree removal is additionally permitted within the area of the building footprint, other structures, driveways, and other improvements, and in accord with section 3.8.04, "Fire Hazard Mitigation Standards", of this chapter. Development of the lot should endeavor to preserve standing, healthy trees outside the area occupied by improvements, lawn not being considered an improvement for these purposes. Landscaping shall take into consideration the replacement of trees thereafter diseased or dying. (C) Slash, Logging Debris: Slash, long butts, cull logs, and logging debris shall not be accumulated or piled within view of a roadway. All such debris shall either be removed to an approved location for disposal, burned (with proper permits), or converted to mulch. (D) Conditional Use Permit: Except as otherwise provided in subsection (E) of this section, timber harvest is prohibited, unless the owner has first obtained a conditional use permit for such harvest; provided, however, timber harvest without a conditional use permit is permitted from road rights of way by or under contract with the public agency having jurisdiction of the right of way; or by a developer as required for road or utility construction in connection with a subdivision having at least preliminary plat approval, as required for survey or engineering or to remove dead or dying trees with the approval of the city arborist. (E) Harvesting Without Permit; Procedure: Timber harvest from state endowment lands is permitted after review and consultation with the city and without a conditional use permit as follows: 1. Notice of a proposed timber sale or other logging contract shall be given to the clerk by the department of lands at least sixty (60) days before the publication of invitation to bid upon the sale, or creation of contract rights in a logger, whichever first occurs; thereafter the clerk shall forward the notice and supporting materials to the commission, which, if it chooses to do so, may hold a public hearing on the question of the appropriate city response to the proposed state action. The commission may request additional information. 2. The council, upon receiving the recommendations of the commission in'this regard, may, if it chooses to do so, hold a second public hearing on the question of the city response to the proposed state action. The council may request additional information. Following such.consideratior'rby the council as it deems appropriate, a statement of council's concerns and recommendations may b&approved for transmittal to the department of lands. �, 3. Public notice of any such public hearing under this subsection. shall be given by publication as provided in chapter 15, "Procedures, Appeals And Actions", of this title. Statement of Understanding Page 1 4. The department shall not enter into the timber sale or other logging contract without first implementing or otherwise responding point by point, in writing, delivered to the city manager, to the council's statement of concerns and recommendations. 5. Notice of a sale which is classed as a "direct sale" under present rules of the department of lands, that is, one hundred thousand (100,000) or fewer board feet, by negotiated sale for ten thousand dollars ($10,000.00) or less, and respecting certain trees the market value of which would be lost in the event of any appreciable delay, shall be timely if furnished to the clerk fifteen (15) or more days before the signing of a contract for such sale; and the clerk shall bring the matter directly to the attention of council at its next meeting. (Ord. 821, 2-23-2006, eff. 3-16-2006) 1, Dusty Bitton, hereby understand that above code sections on Timber Harvest and agree to comply with McCall City Code. Failure to comply with this section or other sections will result in code enforcement acjio ive jurisdiction by the city of McCall or Valley County. Dusty Bitf6n, Pinetop STATE OF - 710 ( 110 ) ss. County of VQ I Le i1 ) On this 03 day of r, 1 , 20 L4 before me, `17/-ry,� , a Notary Public in and for said State, personally appeared Dusty Bitton, known or identifed4 me, and acknowledged to me, to be the owner of Pinetop LLC, and the member who subscribed said Limited Liability Company's name to the foregoing instrument, and acknowledged to me that he executed the same in said LLC's name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ,,,qc•••••••,,,,• • tiv rq ••. 0 140TARP 1' c •t (SEAL) • • �'� NOTARY PUBLIC FOR 7/ (0 (1i2 1/ , e.' -f y J' `pkBL%G O s: i, .,N...•. 4 My Commission Expires: ) —4/ ;3c/ 7 ..'97'FOf 1'0 Statement of Understanding Page 2