[HISTORY: Adopted by the Board of Supervisors of the Township of
Kilbuck 10-18-2005 by Ord. No. OO-05-4.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The terms "logging" and "timber harvesting" are used interchangeably
herein, and defined as the act of cutting and removing trees and all activities
related thereto, for cordwood, for lumber, for pulp or for any commercial
purpose, excepting therefrom a landowner cutting on his own property for his
own use, the cultivation and harvesting of Christmas trees or the clearing
for development of building sites where such development is otherwise subject
to the Township grading, landfill, excavation, subdivision or land development
regulations.
The Township representative appointed by the Township Supervisors
to administer this chapter.
A.
Logging operations within the Township of Kilbuck on
any parcel of property over one acre in size shall require a permit.
B.
On parcels of 25 acres or more, a permit shall be issued
for a maximum of 25 acres at one time, and may be extended to permit logging
operations on a contiguous area of up to 25 acres upon finding by the Administrator
that all requirements of this chapter have been met, including payment of
permit extension fees and charges as fixed by resolution.
C.
The logging contractor must notify the Administrator in writing at least one month in advance that he or she will be completing timber harvesting on any twenty-five-acre parcel and desires a permit extension to continue harvesting additional acreage. Timely notice will expedite the review process and assure that timber harvesting continues without delay and proper security is provided pursuant to § 190-5 of this chapter.
D.
On parcels of 25 acres or less, a permit shall be granted
for the entire parcel.
E.
All permits or permit extensions issued under this section
shall be valid for a period of four months.
A.
An application for a logging permit and five copies shall
be filed with the Administrator at least 30 days prior to the commencement
of logging.
B.
The application shall be on a form prescribed by the
Township and shall include at least the following information:
(1)
The name and address of all property owners.
(2)
The name and address of the logging operation.
(3)
The proposed starting and completion dates for the logging
operation.
(4)
A description and quantity of the trees to be harvested
prepared by a certified or otherwise licensed forestry consultant. The harvest
shall be related to the trees left standing and an estimated projection of
re-forestation given.
(5)
A description of the method of logging.
(6)
Type and rate of seeding/mulching to be done to stabilize
soil after logging and placement of same.
(7)
An erosion and sedimentation control plan as approved
by the Allegheny County Conservation District.
(8)
A description of all stormwater management and erosion
control measures to be taken and the location of any stormwater or erosion
control devices or facilities.
(9)
A site plan of the parcel or parcels or property upon
which the logging will be conducted, which shows:
(a)
The location of access and adjacent roads, all watercourses
and natural drainage swales within and adjacent to the site as well as all
public utilities in the area of the logging operation.
(b)
The location of any road work, grading, logging trails
or log landing areas proposed in connection with the operation.
(c)
The location of trees to be cut down and the acreage
to be logged. (General description of area to be logged relative to parcel's
boundaries.)
(d)
The proposed hauling route.
(10)
The gross vehicle weight of all logging vehicles and
equipment shall conform to existing weight limit restrictions or, if in excess
of such restrictions, a special hauling permit shall be obtained and a bond
shall be posted in an amount as may be determined by the Township.
(11)
A stormwater management plan approved by the Allegheny
County Conservation District.
C.
The application must be signed by an owner of the property
and by the logging operator, if any, and shall contain the following representation:
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"The undersigned has read and understands the Township Logging Ordinance
and assures the Township that the proposed logging operation will comply in
every respect with the Ordinance."
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D.
The Township Logging Administrator shall forward the
applications to the Township Engineer for review and may also forward it to
any appropriate government agency for review. In reviewing the application,
the Township Engineer shall consider the impact of the proposed logging operation
upon stormwater runoff, erosion, watercourses, roads, water mains, storm sewers,
sanitary sewers, drains and other public utilities. In particular, the Township
Engineer shall consider the extent to which the application addresses and
complies with applicable standards:
(1)
For erosion and sedimentation control and stream crossing
regulations, under 25 Pa. Code, Chapter 102, Erosion Control Rules and Regulations,
issued pursuant to the Clean Streams Law, and 25 Pa. Code, Chapter 105, Dam
and Waterway Rules and Regulations, issued pursuant to the Dam Safety and
Encroachments Act.
(2)
For stormwater management as set forth in the Stormwater
Management Act and regulations issued pursuant thereto and in any Township
stormwater management regulations.
E.
The Township Engineer shall make a recommendation in
writing to the Township Logging Administrator approving or disapproving the
logging plan and stating the reasons therefore.
F.
Within 20 days after filing of the application, the Township
Logging Administrator shall issue or deny a permit. Denial shall be in writing
with reasons for denial stated therein. Approval may be subject to reasonable
conditions stated in writing upon the permit and intended to achieve the goals
of this chapter. The applicant shall be informed in writing of the reasons
for such conditions.
G.
Request for a variance from the rules and regulations
of this chapter shall be considered by the Administrator in accordance with
the following procedures:
(1)
A variance may be granted from the requirements of this
chapter if the following criteria are met:
(a)
That there is good and sufficient cause based on physical
circumstances, conditions or topography unique to the property.
(b)
That failure to grant the variance would result in unnecessary
hardship to the applicant.
(c)
Any variance granted shall be the minimum variance necessary
to relieve the hardship claimed as a basis for the variance.
(2)
No application for a variance requested under this chapter
shall be granted that would cause a public or private nuisance or result in
violation of the Erosion and Sedimentation Rules and Regulations set forth
at 25 Pa. Code, Chapter 102; the Pennsylvania Clean Streams Law, 35 P.S. § 691.1
et seq.; the Dam Safety and Encroachments Act, 32 P.S. § 6801.1
et seq.; or any other applicable Township ordinance or state or federal law.
(3)
The Administrator shall forward all applications for variances to the Township Engineer, who shall review the applications, with a copy to the Township Supervisors. The Township Engineer, in conducting his review, shall consider the factors referenced at Subsection G(2) of this chapter and may consider the factors referenced at the Pennsylvania Forestry Association's publication "New Timber Harvesting Guidelines" or similar publication, and the Department of Conservation and Natural Resources publication entitled "Controlling Erosion and Sedimentation from Timber Harvesting Operations," and any other publications setting forth commonly accepted guidelines for the timber harvesting industry. The Township Engineer may request additional information to assist in his review.
(4)
The Township engineer shall, within 20 days after he
receives an application for a variance, and any additional information, make
a written recommendation with respect thereto to the Administrator, stating
the reasons for his recommendation. The Administrator shall consider the Township
Engineer's recommendation and any comment(s) received from the Township
Supervisors and shall grant or deny the variance.
(5)
The grant of a variance may be subject to reasonable
conditions and safeguards necessary in order to protect the public health,
safety and welfare, to protect public and private property and to achieve
the objectives or this chapter.
(6)
Whenever a decision on a variance is made, the Administrator
shall notify the applicant and the Township Supervisors in writing of such
decision.
H.
Any person aggrieved by a permit or variance decision
may file an appeal within 30 days to the Township Supervisors, who shall hold
a hearing thereon pursuant to the Local Agency Law and may affirm, modify
or reverse the decision appealed from. The Township Supervisors may impose,
as part of its decision, any conditions and safeguards necessary in order
to protect the public health, safety and welfare or to protect private or
public property and to promote the objectives of this chapter. The Township
Supervisors, as part of its decision, may adjudicate constitutional law issues
and may grant relief from any substantive requirement herein where full compliance
with the requirement, due to unique physical conditions of the land to be
logged, is not reasonably possible and where waiving the requirement will
not result in significant adverse environmental consequences or in any violation
of applicable laws or regulations.
Both the landowner and logging operator shall be responsible for compliance
with the following operational requirements:
A.
No property shall be clear cut except as needed for silvicultural
purposes and as recommended by a certified or otherwise licensed professional
forester as part of a forest stewardship or other comprehensive forest management
plan.
B.
A buffer strip of trees shall be left standing along all public roadways and watercourses. The minimum width of buffers along roadways shall be as for property boundaries under Subsection M below; 20 feet for areas less than 25 acres and 40 feet for areas of 25 acres or more measured horizontally from the edge of the public right-of-way. Watercourses shall be defined as those showing as perennial or intermittent on either USGS topographic maps or NRCS County Soil Survey. The width of buffers along each side of watercourses shall be a minimum of 50 feet from the top of bank or center line of channel, whichever is wider.
C.
All applications to harvest timber on a slope exceeding
25% shall conform to the following conditions:
(1)
Except as recommended and laid out by a certified or
licensed professional forester and approved by the Township Engineer, all
logging roads/skid trails shall be cut only horizontally across slopes; and
no roads/skid trails may be cut vertically.
D.
No timber harvesting shall take place in areas determined
by the Township Engineer, with reference to published or commonly accepted
guidelines, to be landslide-prone or flood-prone.
E.
The method, species composition and density of forest
regeneration and of soil erosion protection shall be specified by a certified
or otherwise licensed professional forester (the forester) as part of a forest
stewardship or other comprehensive forest management plan (the forest management
plan). Before completion of a logging operation, the forester shall inspect
the property to determine whether adequate erosion-resistant cover exists
to protect the property from erosion and specify what measures, if any, must
be taken to insure erosion protection. A copy of the forester's report
shall be furnished to the Administrator, and the property owner shall certify
installation of said measures before the logging operation is considered complete.
Within three years following completion of a timber harvesting operation,
the property owner shall inventory forest regeneration and provide inventory
results to the Administrator. If such inspection shows evidence of inadequate
regeneration based on the forest management plan, the landowner shall replant
and take such measures to protect the seedlings, including but not limited
to, weed mats, tree tubes, and fencing as recommended by the forester as necessary
to insure success of forest regeneration.
F.
No tree over 36 inches or more may be harvested, without
written approval of the Administrator, based upon a finding that the harvest
of such a tree will not result in undue soil erosion, loss or movement. Except
as needed for silvicultural purposes and as recommended by a certified or
otherwise licensed professional forester (the forester) as part of a forest
stewardship or other comprehensive forest management plan (the management
plan), trees with a diameter of 12 inches or less may be harvested only if
such trees are cull trees or dead trees, and such harvesting will not result
in clear cutting of the parcel under permit. The removal of trees with a diameter
of 12 inches or less must be specifically approved by the Administrator based
upon a finding that such removal will not result in clear cutting (unless
clear cutting is the forest regeneration method recommended by the forester
in the forest management plan). The diameter of the tree shall be measured
at 4 1/2 feet above ground level.
G.
Treetops and other logging debris should not exceed seven
feet in height above the ground surface.
H.
All roadway/skid trails must be repaired to prevent soil
erosion and sedimentation and to prevent pooling of stormwater.
I.
Proper erosion and sedimentation control measures shall
be taken on disturbed property to prevent accelerated water runoff.
J.
No commercial sale of wood or logs shall be permitted
on the property unless zoning approval is obtained.
K.
No tree may be cut which is the largest of its species
in the state.
L.
All soil or debris washed onto public streets during
logging shall be cleaned up each day. Where adjacent properties, public or
private, have suffered erosion or accumulation of soil and debris as a result
of logging, such conditions shall be remedied before completing the logging
operation or within three days after notification of the landowner by the
Administrator that such conditions exist.
M.
No timber harvesting operation may take place within
20 feet for areas of less than 25 acres and 40 feet for areas of 25 acres
or more measured horizontally from and at right angles to an adjacent property
line unless the owner of the adjacent property has provided a written waiver
consenting to the operation encroaching closer than the aforesaid 20 feet
or 40 feet, as the case may be. A waiver shall be knowingly made and separate
from a lease or deed unless the lease or deed contains an explicit waiver
from the owner.
A.
Payment of a nonrefundable fee for processing of a logging
application shall accompany the application. The fee shall be as fixed by
resolution of the Township Supervisors.
B.
When a permit is issued, the applicant shall also reimburse
the Township for reasonable fees charged by the Township Engineer and any
forestry consultant retained by the Township for reviewing the application.
Such fees shall be in accord with a written schedule of fees submitted by
the Township Engineer to the Township.
A.
Township officers may enter upon the land in question
before, during or after a logging operation in order to determine whether
a logging application or operation complies with this chapter.
B.
If any logging is done in violation of this chapter,
the Township may do any or all of the following:
(1)
Bring action in court at law or in equity to prevent,
restrain, correct, determine or abate such violation.
(2)
Revoke or suspend any logging permit that has been granted,
such action to be appealable to the Township Supervisors within 30 days of
notice of revocation.
(3)
Bring action before the District Justice to impose penalties
for violation.
Any person violating this chapter shall, upon conviction thereof before
a District Justice, be sentenced to pay a fine not exceeding $600 for each
violation, and each day such violation continues may be considered a separate
offense.
When provisions of this chapter conflict with other applicable regulations,
codes or laws, the more stringent regulation or legislation shall apply. As
is the case with all legislation, this chapter is to be interpreted utilizing
a rule of reason that will best allow for the attainment of the balance between
the public and private interests this chapter seeks to achieve. Furthermore,
this chapter is to be interpreted and applied, to the extent possible, so
that it meets all federal and state constitutional requirements and statutory
requirements. If any aspect of this chapter is finally determined to violate
constitutional and/or statutory requirements, through the process of appellate
litigation, that aspect of this chapter shall be deemed excised or reformed
to the extent necessary to cause the remainder of this chapter to remain legally
enforceable.
