[HISTORY: Adopted by the Borough Council
of the Borough of Edgeworth 4-19-2005 by Ord. No. 500. Amendments noted where
applicable.]
This chapter is in full effect in order to protect
a valuable natural resource from being exploited to the detriment
of residents of the Borough of Edgeworth. This chapter will be known
as the "Logging Ordinance."
The following terms and definitions shall be
applicable to activities regulated herein.
Land surrounding the immediate perimeter of a logging operation
in which the cutting of trees or other vegetation shall be limited
except for the isolated cutting of individual trees which are dead,
damaged, sick, infected, or constitute a danger to neighboring properties
or the public generally.
Either of the following: any removal of the greater of five
trees or 50% or more of the trees from a tract of land; or the complete
removal of trees from a portion of a tract of land. The foregoing
limits shall be an aggregate measurement, meaning that successive
removals will not be viewed as separate.
The removal of all trees and shrubbery in an area precedent
to development.
A person with a degree in forestry from a college or university
accredited by the Society of American Foresters who has experience
in wood lot management.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principals, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land or lot development.
The cutting down of trees in or for any type of business
or commercial purpose, including the cutting of trees and clearing
of land for which an application for land development and subdivision
and any such cutting on an individual lot.
A method of selectively removing trees from a wooded area
either singly or in small groups according to age and size with provision
being made for natural or artificial revegetation.
All debris resulting from logging operations, including stems,
limbs, and parts thereof.
That part of a felled tree which is left above the part of
the tree to be utilized by the logger.
A tree that is at least six inches in diameter measured three
feet above ground.
A.
A permit, issued by the Borough Manager, shall be
required for all logging or forestry activities.
B.
A review of the forest management or forest-harvesting
plan by the Borough of Edgeworth Planning Commission shall precede
the issuance of any logging permit.
C.
Two copies of the management or harvesting plan shall
be submitted to the Borough Secretary a minimum of 30 days prior to
a regularly scheduled meeting of the Borough of Edgeworth Planning
Commission, accompanied by an administrative fee as set by Borough
Council by resolution.
D.
Failure to secure such permit prior to initiating
the logging activity or upon receipt of notice to do so shall result
in the filing of enforcement action against the property owner and
operator.
E.
For each day that a violation of these provisions
continues beyond the compliance date, a fine of $500 shall be imposed.
A.
Logging shall be done only in accordance with a forest
management or forest harvesting plan prepared by a forester or qualified
professional, a copy of which plan shall be filed with the Borough
of Edgeworth. All forest management and harvesting plans and the logging
operation itself shall comply with the following requirements:
(1)
Trees, forests and secondary forests shall be protected
as follows: No clear-cutting of a forest or secondary forest shall
be permitted.
(2)
An erosion and sedimentation plan shall be submitted
prior to the start of logging operations.
(3)
All cutting, removing, skidding and transporting of
trees shall be planned and performed in such manner as to minimize
the disturbance of or damage to other trees and vegetation and the
land itself. All points of entry and exit to and from the property
will be clearly marked. No other points of entry or exit will be utilized.
(4)
Roads and trails shall be constructed, maintained
and abandoned in such manner as to prevent soil erosion and permanent
damage to soil and waterways.
(5)
Roads and trails shall be only wide enough to accommodate
the type of equipment used and grades shall be kept as low as possible.
(6)
Where possible, stream crossings shall be avoided,
but where deemed necessary, crossing shall be made at a right angle
across suitable culverts or bridges.
(7)
Skidding across or through live or intermittent streams
is prohibited except over bridges or culverts.
(8)
Buffer zones of appropriate dimensions shall be maintained
on the property on which the logging operation is being conducted
along all streets and abutting properties, and around streams or springs
on the tract being logged.
(9)
Everything practical shall be done to prevent damage
or injury to young growth and trees not designated for cutting.
(10)
All limbs and stubs shall be removed from the
felled trees from the site prior to skidding. All slash and tops shall
be removed from the site.
(11)
No trees shall be left lodged in the process
of felling.
(12)
Felling or skidding on or across property of
others is prohibited without the express written consent of the owners
of such property. Felling or skidding on or across any public street
is prohibited without the express written consent of the Borough of
Edgeworth in the case of Borough streets, or the Pennsylvania Department
of Transportation in the case of state highways.
(13)
Logging shall not be undertaken on any ground
in a landslide or flood-prone area.
(14)
The use of Borough roads will require the posting
of a bond for logging vehicles. The amount of the bond will be set
by the Borough Engineer. The bond will be posted with the Borough
prior to the issuance of a permit. No permit, even if issued, will
be valid until a proper bond is posted.
(15)
No commercial sales of wood or logs shall be
permitted unless the property is in a commercial zone.
(16)
Tops to a maximum height of four feet or slash
shall be disposed of by the contractor or property owner.
(17)
The stumps of all felled trees shall be permitted
to remain in the soil for stabilization purposes.
(18)
Littering is prohibited and during and upon
completion of a logging operation all cans, bottles, paper, garbage
and other litter of any type shall be removed from the property.
(19)
Upon completion of a logging operation, all
roads shall be graded to eliminate any wheel ruts, and access to such
roads from any public street by motor vehicles of any kind shall be
effectively blocked except as necessary for the passage of appropriate
vehicles.
(20)
All felled trees shall be removed from the property
in sections not exceeding 24 feet in length.
(21)
When a logging operation has been completed,
the property shall be replanted with trees of a similar nature measuring
a minimum of two feet in height to replace each tree that was cut.
B.
Before the logging operation begins, all trees which
are to be felled in connection therewith shall be clearly marked on
the trunk and the stump so that the same may be easily identified
both before and after a tree has been felled. No tree shall be felled
which has not been designated for removal on the forest management
plan as finally approved by the Borough of Edgeworth.
C.
The holder of a permit to conduct a logging operation
shall notify the Borough, in writing, by fax, or telephone, within
one week before the cutting of trees is to begin in connection with
the construction of roads or trails, weather permitting.
D.
The holder of a permit to conduct a logging operation
shall notify the Borough, in writing, by fax, or telephone, within
one week before the cutting of trees for removal from the site is
to begin, weather permitting.
E.
The holder of a permit to conduct a logging operation
shall notify the Borough at least one week in advance of the expected
completion date of the logging operation, and shall notify the Borough
immediately upon said operation's completion, weather permitting.
F.
The Borough may, by its own personnel or outside persons
hired for the purpose, go upon the site of any proposed logging operation
after an application to conduct such operation has been filed for
the purpose of reviewing the plans for the proposed operation.
G.
After a permit for a logging operation has been issued,
the Borough shall have the right, by its own personnel or by outside
persons hired for the purpose, to go upon the site before, during
and after the logging operation to insure and require compliance with
the plans for said operation as finally approved and all of the terms
and provisions of this chapter.
H.
The holder of a permit to conduct a logging operation
shall be notified of an inspection within a week of its scheduled
date or a minimum of 48 hours prior to said site inspection.
A.
Minimum requirements. As a minimum, the logging plan
shall include the following:
(1)
Design, construction, maintenance, and retirement
of the access system, including haul roads, skid roads, skid trails
and log landings;
(2)
Design, construction, and maintenance of water control
measures and structures such as culverts, broad-based dips, filter
strips, and water bags;
(3)
Design, construction, and maintenance of stream and
wetland crossings;
(4)
A stand prescription for each stand located in the
proposed harvest area; and
(5)
The specific location of the proposed operation in
relation to municipal and state highways, including any accesses to
those highways.
B.
Map. Each logging plan shall include a site map containing
the following information:
(1)
Site location and boundaries, including both the boundaries
of the property on which the lumber harvest will take place and the
boundaries of the proposed harvest area within that property;
(2)
Significant topographic features related to potential
environmental problems;
(3)
Location of all earth disturbance activities such
as roads, landings, and water control measures and structures;
(4)
Location of all crossings of waters of the commonwealth;
and
(5)
The specific location of the proposed operation to
municipal and state highways, including any accesses to those highways.
C.
Compliance with state law. The logging plan shall
address and comply with the requirements of all applicable state laws
and regulations, including but not limited to the following:
(1)
Erosion and sedimentation control regulations contained
in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the
Clean Streams Law (35 P.S. § 691.1 et seq.);
(2)
Stream crossing and wetlands protection regulations
contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant
to the Dam Safety and Encroachments Act (32 P.S. 693.1 et seq.); and
(3)
Stormwater management plans and regulations issued
pursuant to the Stormwater Management Act (32 P.S. § 680.1
et seq.).
D.
Relationship of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pennsylvania Code, Chapter 102, shall also satisfy the minimum requirements for the logging plan and associated map specified in Subsections A and B of this section, provided that all information required by these paragraphs is included or attached.
Lot owners may cut and remove trees on their
lots subject to the following:
A.
Clear-cutting is prohibited.
B.
For purposes of this § 119-6 and the application of the clear-cutting definition, a tree will not be considered as cut if the tree is replaced with another similar tree within a reasonable period of time following the removal of the original tree. Reasonable will generally mean 30 days, unless weather conditions require a longer period of time.
C.
Nothing in this chapter will prohibit the cutting
and removal of any tree that is diseased, dying or dead.
D.
The authorization in this section to cut and remove
trees does not apply to any logging activities. For example, an individual
lot owner that desires to have trees cut for commercial purposes must
comply with the logging restrictions in this chapter.
Any person violating this chapter, whether as an individual, principal, agent, employer or employee of another, shall upon conviction by the District Magistrate, be subject to a fine not to exceed $500 plus costs of prosecution, in the discretion of the District Magistrate. This chapter will be enforced as provided in Chapter 130, Zoning. Each separate violation of this chapter, and each day such violation continues or occurs, shall constitute a separate offense.
