[Ord. No. 473, 5/26/2020]
In order to conserve forested open spaces and the environmental and economic benefits they provide, it is the policy of North Fayette Township to encourage the owners of forestland to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, and amenity values. The timber harvesting regulations contained in §§ 23-101 through 23-108 are intended to further this policy by promoting good forest stewardship, protecting the rights of adjoining property owners, minimizing the potential for adverse environmental impacts, avoiding unreasonable and unnecessary restrictions on the right to practice forestry, and improving the health and welfare of the community.
1. 
Sections 23-101 through 23-108 shall apply where a property owner wishes to conduct a timber harvesting operation, as defined herein, or fell more than 30 trees that measure eight inches or more in DBH on a single parcel.
2. 
A timber harvesting permit shall not apply to:
A. 
Work performed on clearing subdivision roads and rights-of-way approved by the Township.
B. 
Work performed in accordance with a land development plan approved by the Township, except as otherwise required by § 27-208 of the North Fayette Code of Ordinances.
C. 
The cutting of trees for the personal use of the landowner or for precommercial timber stand improvement on lots less than one acre in size.
D. 
Where less than 30 trees that measure eight inches or more in DBH are to be felled on a single parcel within any three-year period.
3. 
At least 30 days in advance of commencing timber harvesting operations, the landowner shall submit a permit application in a form to be provided by the Township, and include the following:
A. 
A logging plan pursuant to § 23-105 of this Part;
B. 
Copies of all state permits, state permit applications, and all supporting documentation required for state permits;
C. 
The total number of trees selected for harvesting, the types of trees to be harvested, and the estimated value of the trees to be harvested;
D. 
Purpose of the proposed operation;
E. 
Name, address and telephone number of the landowner and operator;
F. 
Total land area involved in the proposed timber harvesting operation; and
G. 
A nonrefundable fee in the amount of $200, or as amended from time to time by resolution.
As used in §§ 23-101 through 23-108, the following terms shall have the meanings given in this section:
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree as measured at a height of 4.5 feet above the ground, on the uphill side of the stem, using a tree caliper, a diameter tape or a Biltmore stick.
FELLING
The act of cutting a standing tree so that it falls to the ground.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.
LANDING
A place where logs, pulpwood, or firewood are assembled for transportation to processing facilities.
LANDOWNER
An individual, partnership, company, firm, association, or corporation that is in actual control of forested land, whether such control is based on legal or equitable title or any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer timber harvesting.
LITTER
Discarded items not naturally occurring on the site, such as tires, oil cans, equipment parts, and other rubbish.
LOP
To cut tops and slash into smaller pieces to allow material to settle close to the ground.
OPERATOR
An individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors, and employees thereof.
PRECOMMERCIAL TIMBER STAND IMPROVEMENT
A forest practice, such as thinning or pruning, that results in better growth, structure, species composition, or health for the residual stand but does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small, or otherwise of limited marketability or value.
SKIDDING
Dragging trees on the ground from the stump to the landing by any means.
SLASH
Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.
STAND
Any area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.
STREAM
Any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and bank.
TIMBER HARVESTING, TREE HARVESTING, or LOGGING
That part of forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
TOP
The upper portion of a felled tree that is not merchantable because of small size, taper, or defect.
WETLAND
Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. (Source: Pennsylvania Code, Chapter 105 Regulations)
1. 
Notification of commencement or completion. For all timber harvesting operations that are expected to exceed 25 acres, the landowner shall notify the code enforcement officer at least five business days before the operation commences and within five business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and specify the land on which harvesting will occur, the expected size of the harvest area and, as applicable, the anticipated starting or completion date of the operation.
2. 
Logging plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this Part. No timber harvesting shall occur until the plan has been prepared and provided to the municipality. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the code enforcement officer upon request.
3. 
Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
1. 
Minimum requirements. At 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 landings;
B. 
Design, construction, and maintenance of water control measures and structures, such as culverts, broad-based dips, filter strips, and water bars;
C. 
Design, construction, and maintenance of stream and wetland crossings;
D. 
The general 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 sketch map or drawing containing the following information:
A. 
Site location and boundaries, including both the boundaries of the property on which the timber 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; and
E. 
The general 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 regulations, including, but not limited to, the following:
A. 
Erosion and sedimentation control regulations contained in Title 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 Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S.§ 693.1 et seq.).
4. 
Relationships 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 Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified in Subsections 1 and 2 of this section, provided that all information required by these paragraphs is included or attached.
The following requirements shall apply to all timber harvesting operations in the municipality:
1. 
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the municipality or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
2. 
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
3. 
All tops and slash between 25 and 50 feet from a public or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the ground.
4. 
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
5. 
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
6. 
A fifty-foot buffer zone shall be required between the boundary of any timber harvesting area and any watercourse, within which no timber harvesting shall occur.
Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49, and Title 67 Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to municipality roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic. The operator may be required to furnish a bond to guarantee the repair of such damages, as determined by the Township with advice from the Municipal Engineer.
1. 
Code enforcement officer. The code enforcement officer shall administer and enforce for §§ 23-101 through 23-108 of this Part.
2. 
Inspections. The code enforcement officer may go upon the site of any timber harvesting operation before, during, or after active logging to:
A. 
Review the logging plan or any other required documents for compliance with §§ 23-101 through 23-108; and
B. 
Inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.
3. 
Violation notices; suspensions.
A. 
Upon finding that a timber harvesting operation is in violation of any provision of this Part, the code enforcement officer shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date of not less than 30 days by which corrective action must be taken. The code enforcement officer may order the immediate suspension of any operation upon finding that:
(1) 
Corrective action has not been taken by the date specified in a notice of violation;
(2) 
The operation is proceeding without a logging plan; or
(3) 
The operation is causing immediate harm to the environment as confirmed by local conservation district and DEP.
B. 
Suspension orders shall be in writing, issued to both the operator and the landowner, and remain in effect until, as determined by the code enforcement officer, the operation is brought into compliance with this Part or other applicable statutes or regulations of the logging plan.
C. 
The landowner or the operator shall appeal an order or decision of a code enforcement officer within 30 days of issuance to the North Fayette Township Board of Supervisors.
4. 
Penalties. Any landowner or operator who violates any provision of this Part, refuses to allow the code enforcement officer access to a harvest site pursuant to Subsection 2 of this section, or fails to comply with a notice of violation or suspension order issued under Subsection 3 of this section is guilty of a summary offense and upon conviction shall be subject to a fine of not less than $100 plus costs. Each day the violation continues may constitute a separate offense. The enforcement of this Part by the municipality shall be by action brought before a district magistrate in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
5. 
Effect of subsequent zoning and land use application. If any application for the subject property is submitted in accordance with the Township's zoning and land use ordinances within three years of the date of approval of a timber harvesting permit under this Part, then the application under the applicable zoning and land use ordinance shall be reviewed as if the property was in the same condition as it was immediately prior to the approval of the timber harvesting permit. This requirement is intended to prevent the use of a timber harvesting permit to circumvent the respective requirements governing the placement and removal of trees in accordance with an application under the Township's zoning and land use ordinances.