It is hereby ordained and enacted by the Council of the Municipality
of Monroeville, County of Allegheny, Commonwealth of Pennsylvania,
that from and after the passage and approval of this chapter the following
regulations shall be in full force and effect. The provisions of this
chapter shall be held to be the minimum requirements for the protection
of the health, safety and welfare of the people at large, and to be
designed to encourage the establishment and maintenance of reasonable
community standards of physical environment.
This chapter shall be cited as the Municipality of Monroeville
"Timber Harvesting Ordinance."
The purpose of this chapter is the following:
A. To promote woodland areas and the environmental and economic benefits
they provide.
B. To encourage the owners of woodland to continue that land use for
the long-term production of timber, recreation, and wildlife habitat.
C. To promote good forest stewardship.
D. To protect the rights of adjacent landowners and public.
E. To minimize the potential for adverse environmental impacts resulting
from improper timber harvesting.
F. To recognize timber harvesting as a legitimate activity within the
Municipality and avoid unnecessary restrictions on a property owner's
right to harvest timber.
It is the intent of this chapter to regulate timber harvesting
practices and to allow for and encourage proper forest management
within the Municipality of Monroeville. This chapter is not intended
to prescribe specific cutting practices; or to prevent or hinder any
landowner from realizing financial return from the sale of trees;
or to prevent or hinder timber harvesting or forest industry operators
from pursuing their business within this jurisdiction. It is not the
intent of this chapter to regulate timber harvest for home use, noncommercial
timber stand improvement work, or for a land use change.
No person shall conduct a timber harvesting operation within
the Municipality of Monroeville except in full compliance with all
the provisions of these regulations and after the lawful issuance
of a timber harvesting permit as required by these regulations.
Neither the issuance of a permit under the provisions of these
regulations, nor compliance with its provisions, nor conformance with
conditions required by any such permit shall relieve any person from
liability for damage resulting from a timber harvesting operation,
nor attach any liability upon the Municipality for damages to persons
or property.
In the event that any of the terms or provisions of this chapter
shall be found invalid or declared unenforceable by reason of any
federal or state statute or federal or state directive, rule or regulation
now in effect or hereinafter to become effective or by reason of the
decision of any federal or state court, such invalidity or unenforceability
shall not affect or impair any other terms or provisions hereof, unless
the other terms or provisions are directly affected by the section
declared invalid or unenforceable. The parties thereupon may, within
30 days, meet to discuss said invalidity or unenforceability.