§ 62-32. Notice and general requirements.

Any person, partnership, corporation or any other entity and their agents, independent contractors and employees (hereafter collectively referred to as "harvester") involved in pulpwood, logging, timber or any similar operations (hereinafter referred to as "timber operations" and/or "timber operation") in the county shall be required to perform the following requirements:

(1)

Each harvester engaged in any timber operation in Banks County for delivery as pulpwood, logs, poles, posts or wood chips to any wood yard or processing plant located inside or outside Georgia shall provide notice of harvesting operations to Banks County Planning Department prior to entering onto the property if possible, but in no event later than 24 hours after entering onto the property.

(2)

The prior written notice shall be made only in such form as prescribed by the Banks County Planning Department and shall be limited to the following:

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 the 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, and nighttime or emergency telephone number of the person or firm harvesting such timber;

e.

The completed notice may be submitted in person, by transmission of an electronic record via telefacsimile, e-mail or such other means as approved by the Board of Commissioners of Banks County or by mail;

f.

No fee of any kind shall be required for the notice of a timber harvest.

(3)

Each harvester, subject to such notice requirement and prior to beginning the timber operation in the county, shall deliver a bond or letter of credit to the Banks County Planning Department upon a form approved and provided by the county planning department.

a.

The notice shall not be or remain effective for such harvesting operations unless and until the harvester providing such notice has delivered to Banks County Planning Department a valid surety bond, executed by a surety corporation authorized to transact business in Georgia, protecting Banks County against any damage caused by such harvester in the amount of $5,000.00. The purpose of the bond is to ensure that all damages caused by a harvester during timber operations to the roadways, ditches, or bridges in the county be repaired by the harvester or be repaired by Banks County at the expense of the harvester.

1.

Each harvester and surety on a bond, by executing the bond, submits to the jurisdiction, venue and service of process of the Superior Court of Banks County in any suit arising out of or in connection with the bond and/or the costs of such repairs and waives any and all objections to the jurisdiction, venue and service of process of the Superior Court of Banks County in any suit arising out of or in connection with the bond and/or the costs of such repairs.

2.

If the harvester submits and Banks County approves a surety bond, and if Banks County has to file suit on the surety bond to collect the costs of the repairs, the harvester and the surety on the bond shall be liable for the costs and reasonable attorney fees of Banks County in filing suit to collect on the surety bond. If the repairs exceed the amount of the bond, the harvester shall be liable for the difference between the costs of such repairs and the amount of the bond, which amount shall be due and payable by the harvester on demand by Banks County.

b.

At the option of the harvester, a valid irrevocable letter of credit issued by a bank or savings and loan association, as defined in O.C.G.A. § 7-1-4 in the amount of and in lieu of such bond may be substituted and delivered to Banks County.

c.

Banks County shall require no more than one bond from the harvester regardless of the number of tracts harvested in Banks County by such harvester as long as the bond remains in effect. Otherwise a valid replacement bond must be obtained and delivered to the Planning Department of Banks County no later than the close of business on the fifth business day following the day that Banks County filed a claim to recover damages against the then-existing bond. Upon filing such claim, Banks County shall immediately provide notice thereof, including the date such claim was filed to the harvester causing the damage. Such notice may be given in person, by transmission of an electronic record via telefascimile, or by e-mail.

d.

The harvester shall notify the Banks County Planning Department in writing within 24 hours when a timber operation has been completed.

1.

The Banks County Planning Department will inspect the roadways, ditches and/or bridges used by the harvester during the timber operation and notify the harvester of any needed repairs. The harvester shall make the required repairs within 30 days of the date of notification to the harvester. If the harvester disputes the decision of the county planning department, the harvester shall have the right to appeal to the superior court of the county. If the harvester does not repair the damages to the roadways, ditches and/or bridges as set forth in the notification and/or does not appeal the decision of the county planning department and/or does not complete the required repairs within such 30-day period, the county shall have the repairs completed, and the costs of such repairs shall be:

(i)

Paid by the harvester; or

(ii)

Draw the costs of such repairs from the irrevocable letter of credit; or

(iii)

Make demand on the surety for the costs of such repairs, and if the surety fails to pay the costs of such repairs within 15 days of the date of the demand, file suit to collect the costs of such repairs in the Superior Court of Banks County.

2.

If the harvester does not damage the roadways, ditches and/or bridges in the timber operation or completes the repairs as set forth in the notice to the harvester from the Banks County Planning Department within such 30-day period, and if the harvester is in compliance with all of the provisions of this article for all of its other timber operations in Banks County, including, without limitation, that a bond be [in] effect during any timber operation, the county will return the bond, without any interest, to the harvester.

e.

For the purposes of this section, any such surety bond or letter of credit shall be valid only for the calendar in which delivered.

(4)

Notice shall be effective for such harvesting operation on such tract within Banks County upon receipt of the same by the Banks County Planning Department and, if applicable, compliance with the requirements of subsection (3) of this section and until such time as the harvester 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 the notice shall be reported to the Banks County Planning Department within three business days after such change.

(5)

Notice requirements shall be applicable to any such timber harvested on or after the effective date of the ordinance adopted pursuant to this article.

(6)

Violation of the notice requirements of this article shall be punishable by a fine not exceeding $500.00.

(7)

The Banks County Planning Department shall promulgate such rules and regulations as are reasonable and necessary for purposes of the standard form required by this article.

(8)

The Banks County Planning Department shall transmit a copy of the notice regarding timber operations to the Banks County Board of Commissioners.

(9)

Banks County shall not require any person or firm harvesting standing timber for delivery as pulpwood, logs, poles, posts, or wood chips to any wood yard or processing plant located inside or outside Georgia to provide any notice or plan or security for such harvesting or hauling of forest products except as provided by this article.

(10)

Banks County shall not require any person or firm harvesting standing timber for delivery as pulpwood, logs, poles, posts, or wood chips to any wood yard or processing plant located inside or outside Georgia to obtain any permit for such harvesting or hauling of forest products, including without limitation any permit for any new driveway in connection with timber harvesting operations. This paragraph shall not limit the authority of Banks County to regulate roads or streets under its jurisdiction.

(11)

The provisions of this article shall not prevent Banks County from enacting and enforcing tree ordinances, landscape ordinances or streamside buffer ordinances providing such ordinances shall not apply to timber harvesting or in unzoned tracts.

(12)

This article shall apply only to timber harvesting operations which qualify as forestry land management practices or agricultural operations under O.C.G.A. § 12-7-17 not incidental to development, on tracts which are zoned for or used for forestry, silvicultural, or agricultural purposes and those tracts which are unzoned.

(13)

If the harvester is performing a timber operation on a tract or parcel of land of two acres or less, the harvester shall be exempt from the provisions of this article.

( Ord. No. 2015-09 , § 1(Exh. A), 6-9-2015)