There shall be only one permitted principal
use on any recorded lot, tract or parcel within the Borough of Edgeworth.
After the effective date of this chapter as defined in § 130-120, except for existing legal nonconforming uses or structures, no structure or building shall be erected, reconstructed, structurally altered, enlarged or moved and no structure, building, lot or land shall be used, occupied or designed to be used unless in conformance with the regulations specified herein for the zoning district in which it is located and with all other applicable provisions of this chapter and then only after apply for and securing all permits, licenses and approvals required by all laws, ordinances, resolutions and codes.
No building or structure shall hereafter be
erected or altered to exceed the height, to accommodate or house a
greater number of families or persons, to occupy a greater percentage
of lot area or to have a narrower or smaller yard than is herein specified
for the zoning district in which the building or structure is located.
No part of a yard or other open space about
any building, structure or use required for the purpose of complying
with the provisions of this chapter shall be included as a part of
a yard or open space similarly required for another building, structure
or use except where specifically authorized.
Public and private utility lines for the transportation,
distribution and control of water, sewage, gas, electricity, oil,
steam, telegraphic and telephone communications and cable television
lines and their supporting members other than buildings shall not
be required to be located in specific zoning districts.
Forestry, as defined, shall be a permitted use
in all base zoning districts when in compliance with the following:
A.
Permit procedures:
(1)
A permit, issued by the Borough Manager, shall be
required for all logging or forestry activities.
(2)
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.
(3)
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.
(4)
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.
B.
Logging and cutting of trees.
(1)
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:
(a)
Trees, forests and secondary forests shall be
protected as follows: No clear-cutting of a forest or secondary forest
shall be permitted.
(b)
An erosion and sedimentation plan shall be submitted
prior to the start of logging operations.
(c)
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.
(d)
Roads and trails shall be constructed, maintained
and abandoned in such manner as to prevent soil erosion and permanent
damage to soil and waterways.
(e)
Roads and trails shall be only wide enough to
accommodate the type of equipment used and grades shall be kept as
low as possible.
(f)
Where possible, stream crossings shall be avoided,
but where deemed necessary, crossing shall be made at a right angle
across suitable bridges or culverts.
(g)
Skidding across or through live or intermittent
streams is prohibited except over bridges or culverts.
(h)
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.
(i)
Everything practical shall be done to prevent
damage or injury to young growth and trees not designated for cutting.
(j)
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.
(k)
No trees shall be left lodged in the process
of felling.
(l)
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.
(m)
Logging shall not be undertaken on any ground
in a landslide or flood-prone area.
(n)
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.
(o)
No sales of wood, bark mulch or logs shall be
permitted unless the property is in a commercial zone.
(p)
Tops to a maximum height of four feet or slash
shall be disposed of by the contractor or property owner.
(q)
The stumps of all felled trees shall be permitted
to remain in the soil for stabilization purposes.
(r)
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.
(s)
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.
(t)
All felled trees shall be removed from the property
in sections not exceeding 24 feet in length.
(u)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
After a permit for 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.
(8)
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.
C.
Contents of the forest management or forest harvesting
plan.
(1)
Minimum requirements. As a minimum, the logging plan
shall include the following:
(a)
Design, construction, maintenance, and retirement
of the access system, including haul roads, skid roads, skid trails
and log landings.
(b)
Design, construction, and maintenance of water
control measures and structures such as culverts, broad-based dips,
filter strips, and water bags.
(c)
Design, construction, and maintenance of stream
and wetland crossings.
(d)
A stand prescription for each stand located
in the proposed harvest area.
(e)
The specific location of the proposed operation
in relation to municipal and state highways, including any accesses
to those highways.
(2)
Map. Each logging plan shall include a site map containing
the following information:
(a)
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.
(b)
Significant topographic features related to
potential environmental problems.
(c)
Location of all earth disturbance activities
such as roads, landings, and water control measures and structures.
(d)
Location of all crossings of waters of the commonwealth.
(e)
The specific location of the proposed operation
to municipal and state highways, including any accesses to those highways.
(3)
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:
(a)
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.)
(b)
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.)
(c)
Stormwater management plans and regulations
issued pursuant to the Stormwater Management Act (32 P.S. § 680.1
et seq.)
(4)
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
this section, provided that all information required by these paragraphs
is included or attached.
E.
Penalties. Any person violating this article, whether
as an individual, principal, agent, employer or employee of another,
shall, upon conviction by the District Magistrate, be subject to a
fine, plus costs of prosecution, in the discretion of the District
Magistrate. Each separate violation of this article and each day such
violation continues or occurs shall constitute a separate offense.
Nothing in this article shall in any way vitiate
the application of the Pending Ordinance Doctrine, as set forth by
any court holding in the Commonwealth of Pennsylvania.
