The purpose of this article is to provide for technical standards
that will enable the Township to better provide the balance the Township
has traditionally attempted to achieve between protecting the Township's
natural resources and reasonable land use. This improvement will be
achieved by establishing updated permit criteria, amending plan requirements
and clarifying bonding regulations.
As used in this article, the following terms shall have the
meanings indicated:
Removing all or a majority of trees from the area logged.
An area of property to be logged, defined by natural features
and/or property boundaries, and determined by a professional forester.
Each cutting block shall be identified by a number assigned by the
professional forester hired by a landowner to conduct a sale.
A constructed road of dirt and/or gravel utilized for moving
cut trees from the point where they are loaded on a truck to the exit
from the site.
The act of cutting/harvesting live or dead trees for cordwood,
for timber, for pulp or for any commercial purpose, excepting therefrom
a landowner and/or any agent of a landowner cutting on the property
of the landowner for the use solely of the landowner. A landowner
who cuts/harvests trees or permits such cutting/harvesting of trees
upon the landowner's property for other than the landowner's own use
is a person engaging in logging and in a logging operation. A logging
operation shall include the acts of tree harvesting, site cleanup
and site restoration.
A person who has earned a four-year college degree in forest
management and can demonstrate expertise in environmentally sound
forest management/timber harvesting practices.
The dragging of trees on the ground from the stump to the
landing by any means.
An earthen road on which cut logs are dragged, "skid," from
the woods to a landing area, usually with a rubber-tired machine called
a "skidder."
All organic debris resulting from logging operations, including
stems, limbs and parts thereof. "Tops" shall be the word used to refer
to the upper portion of a felled tree not normally merchantable. Typically,
a top becomes part of the slash produced by a logging operation.
A.
A permit is required for all logging operations within the Township on any parcel of property over two acres in size. If parcels smaller than two acres are to be logged by the same logging operation, and the total of said parcels is in excess of two acres, a permit shall be required. The permit shall be issued by the Township for the entire site, but subject to review for each cutting block. The logging operation must be completed to the satisfaction of the Township in one cutting block prior to commencement of any logging operation in the next cutting block. A logging operation which moves from one cutting block to another without first receiving approval from the Township is subject to § 87-175, Civil penalty, and other appropriate legal processes. The cutting block phase numbers shall be shown on the timber harvesting plan as prepared by a professional forester, referred to in § 87-168, Application procedures. A logging permit shall be valid for a period of 18 months. A one-time six-month extension shall be granted when requested in a statement from the professional forester hired by the property owner or logging operator. If logging is conducted without or in violation of a Township permit, the landowner and the logging operator shall each be in violation of this article, and each shall be fully subject to all applicable fines and penalties.
B.
In the event timbering or harvesting is incidental to a land development,
the logging operation shall comply with any requirements established
for the issuance of a National Pollutant Discharge Elimination System
(NPDES) permit for said land development.
A.
The Westmoreland Conservation District (WCD) must review the erosion
and sedimentation control plan of the owner and/or logger who seeks
to operate, or cause to operate, a logging operation. Proper erosion
and sedimentation control measures, as outlined in the comment letter
issued by WCD, shall be implemented prior to any commencement of logging
activities on the property and throughout the duration of such logging
activities to prevent accelerated water runoff. The first logging
activities shall be construction of the roads, trails, landings and
such. The erosion and sedimentation control measures shall be maintained
throughout the logging operation and until seeding or natural vegetation
has germinated or 20% of the cover has been achieved.
B.
Haul roads shall be laid out at grades not exceeding 8%. Skid roads
should be laid out at grades not exceeding 20%. The distance between
culverts, cross ditches, broad-based dips and water bars must not
be greater than the distance specified in Publication 3630-BK-DEP2322
(4/99), "Controlling Erosion and Sedimentation from Timber Harvesting
Operations." A copy of the publication is available at the Township
office.
C.
Timber harvesting and logging operations shall be conducted in accordance with the requirements of Article XVIII, Natural Resource Protection Overlay District, where applicable. Disturbed area(s) shall be revegetated in accordance with the Westmoreland County Conservation District best management practices.
A.
For all logging operations, prior to hauling on any Township street, a bond shall be posted in accordance with § 87-167. The Township Engineer and/or his designee shall prepare a report prior to hauling, in order to establish the existing street condition, and for the purpose of establishing reasonable times and conditions for hauling logs so that damage to the street will be minimized, which conditions may include, without limitation, limiting hauling to dry periods. The Township shall be notified during normal working hours as to when hauling will begin from a cutting block so that the first truck can be followed to determine if the street is being damaged.
B.
A logging operation shall keep any street over which it hauls logs,
or other logging residue, clean and free of mud and debris to the
extent that such street, mud, debris or similar material is the result
of vehicles traveling to and from the logging operation. At the point
of access, the logger shall construct an aggregate entrance area to
support the street edge. No parking of logging vehicles or storage
of logs shall be permitted in the road right-of-way. Water from the
logging area shall not be discharged onto the street surface.
A.
Performance bond. Prior to the commencement of a logging operation,
the applicant shall post a bond, written by a surety company authorized
to do business in the Commonwealth of Pennsylvania, with the Township
identified as the obligee, in an amount to be determined by the Township
to a maximum amount of $10,000, which bond shall guarantee restoration
of the property logged or of any other property damaged by the logging
operation. Determinations shall be based upon actual area of soil
disturbance as delineated in the Township-approved logging plan. The
Township shall be given 48 hours' advance notice, in writing, by the
contractor, owner or any other party conducting a logging operation
for the purpose of permitting the Township to inspect the site and
approve/disapprove logging work proposed to begin on a cutting block
which has not previously been the subject of logging under the approved
timber harvesting plan. Such initial notice may not be given on a
weekend or official Township holiday and must be hand-delivered to
the Township's offices. In lieu of a bond, other security acceptable
to the Township (e.g., cash or irrevocable letter of credit issued
by a bank of savings and loan) may be posted with the Township.
B.
Vehicles over posted weight bond.
(1)
Prior to hauling on any Township street, the applicant for the logging
permit shall post a separate maintenance bond to guarantee the continual
restoration of streets damaged by the hauling. The amount of the bond
shall be set as follows:
(2)
Vehicles over the posted weight shall comply with requirements as
established by Township ordinances governing same.
A.
Application for a logging permit shall be made in writing to the
Code Enforcement Officer on forms supplied by the Township. Such application
shall be accompanied by a timber harvest plan, erosion and sedimentation
control plan, performance bond in the full amount, fee, insurance
certificates, and, if applicable, proof of a written timber sales
contract between the property owner and logging company.
B.
The timber harvest plan, prepared by a professional forester, shall
show the following:
(1)
Point of access onto public street(s) where the construction entrance
is to be placed, log landing areas, stream crossings and logging trails.
(2)
Areas of trees to be harvested must be designated by the cutting
block phase numbers. The phase number shall depict the order of harvesting.
(3)
Type and rate of seeding/mulching to be used and where it will be
placed to stabilize the soil after logging operations. (See Attachment
A.[1])
[1]
Editor's Note: Attachment A is included as an attachment to this chapter.
C.
The erosion and sedimentation control plan as approved by the Westmoreland
Conservation District. A copy of that agency's review comments shall
be attached.
The application fee shall be determined from time to time by
the Board of Supervisors by resolution or motion. Pending further
action by the Board of Supervisors, the application fee shall be $300,
plus the amount of any costs to the Township under this article, including
but not limited to any fees related to the appointment and services
of the Township Engineer and Township Solicitor.
The harvesting operator shall, at all times throughout the timbering
operation, maintain insurance, with insurance companies licensed to
do business in Pennsylvania, against such risks, loss, damage and
liability (including liability to third parties) and for such amounts
as are customarily insured against by other enterprises of like size
and type, including, without limitation:
A.
The Township shall examine said application and related required
information to determine compliance with all applicable codes and
ordinances within 30 days after all necessary filing and required
information has been submitted. The Township shall either approve
or reject said application within that time frame. If the application
is rejected, the Township shall inform the applicant, in writing,
stating the reasons for such rejection.
B.
Review of application by others. A copy of all plans and applications
for proposed logging to be considered for approval may be submitted
by the Code Enforcement Officer to any other appropriate persons or
agencies, Commonwealth of Pennsylvania Department of Conservation
and Natural Resources: Bureau of Forestry, Fish and Boat Commission,
Bureau of Dams and Waterways Management, etc. These will also be available
to the public for inspection.
A.
From time to time, as he may deem advisable, the Township's Code
Enforcement Officer or a duly appointed Township representative shall
inspect the work done under the approved plans, specifications, timing
schedule and permit.
B.
Whenever the Township's authorized representative finds that work
under any permit fails to conform to the approved plans, specifications
and time schedule, he may, as he deems reasonably necessary in reliance
upon the criteria set forth in this article, by written order, direct
suspension of other work until conformance has been achieved or direct
such other measures that he deems reasonably necessary in the circumstances
for control of erosion and sedimentation on the site and for compliance
with this article.
Any person aggrieved by a permit decision or stop-work order
may file a written appeal within 30 days of the date of the decision
or order appealed from. The appeal shall be filed, along with the
applicable fee, in the Township Manager's office. The Board of Supervisors
shall hold a Local Agency Law hearing on such appeal and may affirm,
reverse or modify the decision or order appealed from. The Board of
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 article. The Board of 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.
Neither the issuance of permits under the provisions of this
article nor the compliance with the provisions hereto or with any
conditions imposed by the Board of Supervisors hereunder shall relieve
any person from the responsibility for damage to any persons or property
otherwise imposed by law, nor impose any liability upon the Township
for damages to persons or property. Nothing in this article is to
be interpreted as eliminating or reducing the immunities (statutory
or common law/traditional) enjoyed by the Township or its elected
or appointed officials.
Any person who violates or fails to comply with any of the provisions
of this article shall, upon being found liable therefor in a civil
enforcement action, be subject to a civil fine of not more than $1,000
for each and every violation, along with all court costs, plus the
Township's reasonable attorneys' fees incurred in connection with
the violation. Each day that the violation continues shall be a separate
violation. In addition thereto, the Township may institute injunctive,
mandamus or any other appropriate action or proceedings at law or
equity for the enforcement of this article or to correct violations
of this article, and any court of competent jurisdiction shall have
the right to issue restraining orders, temporary or permanent injunctions
or mandamus or other appropriate forms of remedy or relief.
When provisions of this article conflict with other applicable
regulations, codes or laws, the more-stringent regulation or legislation
shall apply. As is the case with all legislation, this article is
to be interpreted utilizing a rule of reason that will best allow
for the attainment of the balance between the public and private the
article seeks to achieve. Furthermore, the article 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 the article is finally determined to violate constitutional
and/or statutory requirements, through the process of appellate litigation,
that aspect of the article shall be deemed excised or reformed to
the extent necessary to cause the remainder of the article to remain
legally enforceable.
