 |
Gilmer County |
 |
Code of Ordinances |
|
SubPart 1. GENERAL ORDINANCES |
|
Chapter 50. TAXATION |
|
Article I. IN GENERAL |
§ 50-1. Timber operations.
(a)
Purpose and intent. The purpose of this chapter is to provide procedures, rules and regulations governing any person, entity, partnership, corporation, association or other organization engaged in commercial timber operations in the unincorporated area of the county and to provide for the notice by such person, entity, partnership, corporation, association or other organization to allow for the taxation of timber harvesting, to provide the efficient collection of the timber harvest, to protect the environment, county road system and to assure the public's safety.
(b)
Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Board means the Gilmer County Board of Commissioners.
County means [the] Gilmer County, Georgia.
County right-of-way means the shoulder, front slope, ditch, drain, and back slope, facility or any appurtenance of any county road, whether owned by title or otherwise, as herein defined.
County road means any and all roads which are part of the county road system, delineated in accordance with O.C.G.A. § 32-4-1, et seq., and intended or used for the passage of motor vehicles by the public.
Damage means any and all injury to the road surface, road base or rights-of-way of a road within 100 feet of any designated entrance or exit from the timber harvesting site, including, but not limited to, the following:
(1)
Diversion of or the filing of any drainage ditch, culvert or pipe parallel to or underneath a county road, so as to restrain or redirect the flow of water.
(2)
The operation of any vehicle, machinery or equipment which gouges, rips, breaks, depresses or otherwise defaces a public road beyond normal wear and tear.
(3)
The continued ingress or egress to and from a county road at a particular location which results in a buildup of rock, gravel, mud, dirt or other materials, which present hazards to other persons using the county road for authorized purposes.
(4)
The creation or erection of any dam, berm, ditch or wall which restrains the natural flow of waters and results in the redirecting of waters onto the road surface of any county road.
(5)
The term does not include normal wear and tear to county roads from use of such roads by an operator in the course of transporting timber or pulpwood harvested in the county.
Driveway means any temporary roadway, drive, structure, fill or device, existing or constructed, that is used or employed for the purpose of crossing, traveling upon or use of county right-of-ways.
Enforcement officer means the director of the county planning and zoning department or designee.
Notice means the notice issued by the enforcement officer to conduct timber operations in the county.
Property owner means the person or legal entity holding title to the real property for which a timber operations notice is being requested.
Timber means softwood or hardwood trees.
Timber harvesting means the harvesting of standing timber for delivery as pulpwood, logs, poles, posts, or wood chips to any wood yard or processing plant located inside or outside this state.
Timber operator means any person, entity, partnership, corporation, association or other organization including the officers, agents and employees thereof, engaged in buying, harvesting or hauling timber in the county for commercial or profit making purposes.
Tract means a particular parcel or lot of land, as identified by parcel ID by the county tax assessors, or a particular stand of trees to be harvested on a particular lot or parcel of land, as identified by parcel ID by the county tax assessors.
(c)
Notice required.
(1)
No person, firm or entity ("timber operator") harvesting standing timber in the county for delivery as pulpwood, logs, poles, posts, or wood chips to any wood yard, processing plant or related enterprise or property located inside or outside this state shall begin to cut, remove or harvest standing timber in any unincorporated area of the county without first providing notice of such harvesting operations to the enforcement officer at least 72 hours prior to cutting, removing or harvesting any such timber.
(2)
Said 72 hour prior notice shall be required to be in writing and will be required from any person, firm or entity ("timber operator") harvesting timber as described herein; and, shall be required for each separate tract to be harvested by said person, firm or entity ("timber operator"). The form of said notice shall be prescribed by such rule or regulation adopted by the board or the enforcement officer and shall consist of:
a.
A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road;
b.
A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation under O.C.G.A. § 48-5-7.5;
c.
The name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and
d.
The name, business address, business telephone number, current business registration and nighttime or emergency telephone number of the person or firm ("timber operator") harvesting such timber.
(3)
Notice may be submitted in person, by transmission of an electronic record via facsimile or such other means as approved by the board, or by mail. Following the submission of the notice, the enforcement officer will inspect and document the access points within two business days.
(4)
The failure of any person, firm or entity ("timber operator") to provide the surety bond or irrevocable letter of credit as provided in this chapter shall render the notice as required in this section ineffective for any such harvesting operation(s) unless and until said person, firm or entity ("timber operator") providing said notice has delivered to the enforcement officer the required valid surety bond or irrevocable letter of credit.
(5)
Notice shall be effective for such harvesting operation on such tract within such unincorporated area of the county upon receipt of the same by the enforcement officer and, compliance with the requirements of this chapter, and until such time as the person or firm ("timber operator") giving such notice has completed the harvesting operation for such tract; provided, however, that any subsequent change in the facts required to be provided for purposes of such notice shall be reported to the enforcement officer within three business days after such change or the notice shall cease to be effective.
(d)
Bond required.
(1)
In accordance with the authority provided in O.C.G.A. § 12-6-24, any person, firm or entity ("timber operator") engaged in the cutting, removing or harvesting of standing timber in any unincorporated area of the county, for delivery as pulpwood, logs, poles, posts, or wood chips to any wood yard, processing plant or other related enterprise or property located inside or outside this state shall first deliver to the enforcement officer a valid surety bond, executed by a surety corporation or other legal surety entity authorized to transact business in this state in an amount not exceeding $5,000.00 to protect the county road system against any and all damage caused by such person, firm or entity ("timber operator"); or, in the alternative and at the option of the person, firm or entity ("timber operator") intending to harvest said timber, a valid irrevocable letter of credit in an amount not exceeding $5,000.00 issued by a bank or other financial institution as defined by O.C.G.A. § 7-1-4 may be submitted to the enforcement officer in lieu of the valid surety bond.
(2)
As set forth in O.C.G.A. § 12-6-24, the surety bond and/or irrevocable letter of credit required under this section shall be valid for the calendar year in which it is delivered and no more than one year from the date said bond/letter of credit is delivered to the enforcement officer.
(3)
While said surety bond and/or irrevocable letter of credit shall not be valid for more than one year from the date of delivery to the enforcement officer, said bond and/or letter of credit may be transferred for the purposes of securing another location as many times as may be approved by the enforcement officer during the calendar year that the original bond and/or letter of credit was delivered to the enforcement officer.
(e)
Posted notice. Once the notice requirement has been met the enforcement officer will provide a notice at no cost. Said notice must be displayed and available for review at the main point of ingress and egress to a public road and in such a location as to be seen by the traveling public. The notice shall be effective at the time it is properly posted on site. The notice may be posted once the notice requirements have been satisfied and prior to county inspection.
(f)
Signs. The timber operator shall post two signs in each direction from the point of access onto the county road. One sign at a distance of 1,000 feet stating "Warning: Logging Operations Ahead," and one sign at a distance of 500 feet stating "Slow Truck Entering Highway." Signs shall be at least 36 inches by 36 inches, erected in a diamond shape, painted orange with black legend and posted at least three feet from the travel surface of the roadway.
(g)
Delivery of a copy of the timber harvest notice to the county tax assessor and tax commissioner. Upon receipt of the completed timber harvest notice, the enforcement officer shall immediately forward a completed copy of the timber harvest notice to the county tax assessor and tax commissioner.
(h)
Standards for operations. During the period of operations the timber operator shall comply with the following:
(1)
All timber harvesting operations shall be conducted on the selected tract and off the county roads and rights-of-way. Logging and skidding of logs on county roads and rights-of-way are strictly prohibited.
(2)
Ditches shall be kept clear of all debris and residue at all times to permit proper drainage.
(3)
There shall be no blockage of county roads at the access site, and roads must remain open at all times.
(4)
No timber operator or person shall park or leave unattended a truck, equipment or other motor vehicle or trailer upon the right-of-way of any county road. No county roads shall be used for loading or unloading of equipment, skidding of materials, vehicles or timber.
(5)
Mud shall not be carried onto paved roads by logging vehicles.
(6)
The timber operator shall keep the county road adjacent to the tract clean and serviceable at all times to accommodate the passing public, emergency vehicles, school buses, mail carriers, etc.
(7)
During periods of rain or inclement weather, a temporary road ban order may be placed upon a timber operator if the county roads are unsafe or impassable by designation of the enforcement officer. Written notice shall be given to the timber operator to cease using the county roads in the county for a specific period of time during inclement weather conditions. It is a violation of this article to continue to use any county road after receiving written notice to cease.
(8)
The timber operator shall install a driveway, using one and one-half-inch — three and one-half-inch stone; minimum pad thickness of six inches; minimum pad width of 20 feet; minimum pad length 50 feet; excavate footprint three inches; if tire washing is required, route runoff from washing to an approved sediment trap or sediment basin; install filter fabric under the entire pad; periodically dress with one and one-half-inch — three and one-half-inch stone, maintain in a condition that will prevent tracking and flow of mud onto public rights-of-way and roads; immediately remove mud and debris tracked or spilled onto roadways. The timber operator shall also meet any further requirements required by state law along state highways. This will be for all existing or future entrances/exits.
(9)
Driveways shall be piped by the timber operator, and upon completion of the timber harvesting, the pipe shall be removed and the right-of-way returned to its original condition.
(10)
The timber operator shall clear and gravel an equipment yard or loading dock on the property where the work is to be performed, and said yard shall be of sufficient size to accommodate that particular timber harvesting operation.
(11)
The enforcement officer, in his/her sole discretion, may waive compliance with one or more of the above requirements in this section. Any waiver must be in writing and provided to the timber operator.
(i)
Concluding operations.
(1)
The timber operator shall give written notification to the enforcement officer upon completion of operations. The enforcement officer shall inspect the site to assure that the area has been restored to its original condition, including any shaping of ditches, grading or seeding as required. The timber operator shall be notified in writing of any deficiencies and given 15 working days to correct those deficiencies. If not accomplished during that period, the enforcement officer shall complete the work and deduct the costs from the posted bond.
(2)
When the enforcement officer has determined that the road and access site are in a proper state of repair and the payment of timber taxes has occurred, the enforcement officer shall release the posted bond to the timber operator.
(j)
Enforcement.
(1)
Upon notice from the enforcement officer, work on any project that is being done contrary to the provisions of this chapter shall be immediately stopped. Such notice shall be in writing and shall be given, by certified mail or personal delivery, to the notice holder and the owner of the property, and shall state the conditions under which work may resume. When an emergency exists, written notice shall not be required.
(2)
If the conditions are not brought into compliance within 15 working days of the notice, the enforcement officer shall direct the county road department to accomplish the work and deduct the costs from the posted bond.
(3)
In the event there is an ongoing violation of the provisions of this chapter, or if a county road is deemed to be unsafe or impassable due to timber operations, the enforcement officer may issue a road ban order requiring all uses of county roads cease until such time as the timber operator comes into compliance with this chapter or road conditions improve.
(4)
The county will not accept or approve additional notifications or issue notices where a timber operator has an unresolved violation or has received notice of a violation, until the violation has been addressed to the satisfaction of the county. The timber operator may submit a corrective action plan with a timeline to complete or remediate any violations or the payment of any and all fines. The enforcement officer will determine if subsequent notices shall be authorized if a violation is pending.
(5)
Injunctive relief. In the event that any provision of this chapter is violated the notice shall cease to be effective. In addition to any other remedies, the county may seek injunctive, mandamus or other appropriate action to prevent or abate such violation in court of competent jurisdiction and the timber operator shall be liable for such court costs and attorney fees incurred by the county. In addition to or in lieu of any other civil remedy, the county may seek civil fines in the magistrate court of the county up to the maximum amounts authorized by this chapter for any violations.
(k)
Exemptions. Exempt from this chapter shall be those timber harvesting activities where a property owner is paying, at fair value/market levels, to have timber cut and removed from their tract of land. In those occasions, the timber operator (or contractor) shall obtain a written affidavit from the property owner in a form prescribed by the board stating the extent of the timber harvesting activities and the amount being paid by the property owner to the timber operator (or contractor). After review of the affidavit, the enforcement officer shall either approve or disapprove the exemption.
Also exempt from this chapter shall be those timber harvesting activities where less than 5,000 board feet is harvested in a calendar year by a property owner.
An exemption provided herein shall in no way relieve a property owner from complying with O.C.G.A. 48-5-7.5 as to state ad valorem taxation of timber.
(l)
Effective date, validity and liability.
(1)
Effective date. This chapter shall become effective upon adoption.
(2)
Validity. If any section, paragraph, clause, phrase, or provision of this chapter shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this article.
(3)
Liability.
a.
Neither the approval of a plan under the provisions of this article, nor the compliance with provisions of this article shall relieve any person, firm or entity ("timber operator") from the responsibility for damage to any person or property otherwise imposed by the law nor impose any liability upon the county for damage to any person or property.
b.
No provision of this article shall permit any person, firm or entity ("timber operator") to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any waters of the state as defined thereby.
(m)
Violations.
(1)
Each violation of the requirements of this chapter shall be punishable by a fine of $500.00.
(2)
Each day any violation under this chapter continues shall be considered a separate offense.
(Ord. of 7-14-1994, §§ 1—3; Res. No. 16-054, 5-12-2016)