WILKES COUNTY ORDINANCE FOR COLLECTING TAX ON HARVESTED TIMBER

Transcription

1 WILKES COUNTY ORDINANCE FOR COLLECTING TAX ON HARVESTED TIMBER Ordinance No TA An ordinance to adopt a standard procedure requiring notice of the start up of timber harvest activities in Wilkes County, Georgia and enforcement provisions for the violation of said Ordinance. WHEREAS, it is the desire of Wilkes County, Georgia to adopt a reporting requirement for the startup of timber harvest, to allow for compliance with the notices to applicable public officials, to allow taxation in accordance with law on timber harvested in the County, and WHEREAS, this Ordinance will allow for the monitoring of timber harvesting in the County and to allow for the efficient collection of the timber tax, and NOW THEREFORE, be it ordained by Wilkes County, Georgia, that the following Ordinance is hereby adopted as follows: SECTION 1. Scope of Ordinance: No Landowner or Timber Seller or Legal Representative shall commence timber harvesting operations (moving in of equipment or cutting of any trees) without giving written notification to the Tax Assessors of Wilkes County. Notice in the following form by either the land owner or by the timber harvesting contractor shall satisfy the notice requirements of this ordinance. NOTE: Each Tract requires a separate Notice. Said notice shall be in the following form:

2 NOTICE OF TIMBER HARVESTING ACTIVITY Official Code of Georgia Annotated, Section Wilkes County, Georgia County: Wilkes Timber Sale Acreage: Date Submitted: Check Appropriate: Landowner Timber Seller Legal Representative Physical Mailing Daytime Phone No. Cell Phone No. Timber buyer Information City: State & Zip Code Night Cell Logger/Harvester Information City: State & Zip Code Night Cell Type of Timber Sale: Lump Sum Unit/Load Owner Harvest Please attach or draw a map to identify (1) tract location, and (2) point(s) of ingress and egress from public road(s). Include identified points of reference, such as streams, public roads, right of ways, landmarks, map/parcel number, distances, etc. to ensure county acknowledgment and understanding of location. (Use reverse side or separate attachment.) Form Wilkes County Tax Assessors wcboc 23 Court St, Room 202 April 2011 Washington, GA Page 1 of 2

3 Anticipate Beginning Harvest Date: Box for Drawings, Information, Comments, Etc. Anticipated Date of Completion: All persons or firms harvesting standing timber in any unincorporated area of the county for delivery as pulpwood, logs, poles, posts or wood chips to any woodyard or processing plant located inside or outside the State shall provide notice of such harvesting operations to the County prior to cutting any such timber. I, hereby state that I have completed this Notice and certify that (Print Name) all information given is true and accurate to the best of my knowledge. (Signature) Date Signed Page 2 of 2

4 SECTION 2. NOTICE: Upon receipt of a completed notification of harvesting form the Tax Assessors Office shall submit a copy of said Notice to the Tax Commissioner in Wilkes County. At the completion of harvesting of the timber identified in the above notification form, the Contractor shall give oral (phone call sufficient) notification of said completion to the Tax Assessors. Should any subsequent change in the facts occur after the initial Notice has been given, the person(s) that are responsible for this timber harvest must notify the Wilkes County Tax Assessors Office within three (3) business days. SECTION 3. DEFINITIONS: (a) Sale. Sale of standing timber shall mean the arm's length, bona fide sale of standing timber for harvest separate and apart from the underlying land and shall not include the simultaneous sale of a tract of land and the standing timber thereon. (b) Timber. Timber shall be defined to include softwood and hardwood trees and timber regardless of size or species and shall include pulpwood, logs, poles, posts, or wood chips. Timber shall not include any of the following: 1. Orchard trees or Christmas trees; 2. By-products of standing timber such as straw, cones, leaves or turpentine; 3. By-products of harvesting such as bark or stumps that are not included in the consideration between buyer and seller in lump sum or unit price sales; or 4. Fuel wood harvested which is used exclusively for residential heating purposes and is not offered for public sale or utilized for commercial heating. (c) Timber Harvesting Operations. Timber harvesting operations shall be defined as the harvest and removal of standing timber whether by clear cut, select cut or otherwise. 1. Timber harvesting operations shall not include the incidental removal of trees and timber from residential lots or commercial property. SECTION 4. Penalty for Violations: For failure to comply with the above reporting requirements, a violation of this ordinance shall constitute a misdemeanor and shall be tried in the Wilkes County Magistrate Court and upon conviction shall be punishable by a fine in an amount not to exceed Five Hundred & 00/100 ($500.00) Dollars. For each violation, each day wherein timber harvesting operations are undertaken in violation of this ordinance shall constitute a separate violation.

5 SECTION 5. Enforcement: This Ordinance shall be enforced by the Sheriff of Wilkes County, by the duly appointed County Code enforcement officer(s), or by the members of the Board of Tax Assessors or by employees of the Tax Assessors office. Violations of this ordinance shall be brought by Citation before the Magistrate Court of Wilkes County. Enforcement personnel shall be authorized to immediately halt any timber harvesting operations until the notice requirements are complied with by the Land Owner or Timber Seller or Legal Representative. SECTION 6. Repealer: All ordinances and parts of ordinances in conflict with this Ordinance are repealed. This shall specifically include the existing Wilkes County Timber Harvesting Ordinance originally adopted on 8/12/1993, amended 9/9/1993, revised on 02/11/1999 and amended on 08/13/2009. SECTION 7. Effective Date: This Ordinance shall become effective as of April 14, PASSED AND APPROVED BY WILKES COUNTY, GEORGIA, ON THE 14 th APRIL, DAY OF WILKES COUNTY BOARD OF COMMISSIONERS By: Sam Moore, Chairman Attest: David Tyler, Administrator