[HISTORY: Adopted by the Council of the Borough of Baden as indicated
in article histories. Amendments noted where applicable.]
[Adopted 9-4-1931 by Ord. No. 183]
From and after the passage and promulgation of this article, it shall
be unlawful for any person, firm or corporation to plant or set out or cause
to be planted or set out any trees of any kind whatsoever within two feet
of the curb or public sidewalk line of any street.
It shall be unlawful for any person, firm or corporation to set out
or plant or cause to be planted or set out within 1,000 feet of any street,
lane or alley of said Borough in which sewers are or may hereafter be laid
any of the following kinds or species of trees: Carolina poplar, Lombardy
poplar or any other kinds of trees, the roots of which may interfere with
the sewer system.
It shall be unlawful for any person, firm or corporation to maintain
or permit to remain on its premises, within the limits of said Borough, any
of the kinds of trees mentioned in the preceding section or any other kind
of trees which may interfere with sewers, drains and sidewalks. Upon notice
by the Town Council through any of its duly appointed agencies, such persons,
firm or corporation offending shall, within 30 days from the
date of said notice, remove the same.
Notices in cases of nonresidents of the Borough shall be given by posting
on the premises for a period of 30 days and mailing to the addresses of the
offenders if known, which notices shall be considered as equivalent to personal
service.
[Amended 5-15-1985 by Ord. No. 759]
Any person who shall violate any provision of this article shall, upon
conviction thereof, be punishable by a fine of not more than $300 and costs
of such proceedings or, upon default of payment of such fine and costs, by
imprisonment in the county jail for a term of not more than 30 days.
[Adopted 10-16-1996 by Ord. No. 836]
It is the intent of this article to promote the welfare of the people
of the Borough of Baden by providing for regulation of the removal of trees
in such a way as to protect and preserve the environment, roads and quality
of the community in general. Trees are a natural resource and an integral
part of the natural landscape of the Borough, providing soil erosion control,
surface water flow barriers and scenic beauty, and fostering myriad plant
and wildlife species. The removal or harvest of trees is therefore of prime
concern to the people of the Borough of Baden and shall not be permitted,
except as hereinafter provided.
No provision of this article shall be construed to repeal, modify or
constitute an alternative to any lawful zoning, building construction, mining,
land subdivision or environmental quality review law or any applicable state
or federal regulation. Where the provisions of any such other law or regulation
impose more stringent restrictions than are required by this article, the
provisions of such law or regulation shall govern.
A.
General construction of language. All words used in the
present tense include the future tense; all words in the plural number include
the singular number; and all words in the singular number include the plural
number, unless the natural construction of the wording indicates otherwise.
Unless otherwise specified, all distances shall be measured horizontally.
The word "borough" means the Borough of Baden. The term "Zoning Inspector"
and the term "Building Inspector" may and shall also include and be used and
interpreted interchangeably with the term "Borough Forester/Consultant." An
applicant for a timber harvesting permit may be the owner of said property
upon which timber harvesting shall occur.
B.
BOARD FOOT
COMMERCIAL TIMBER HARVESTING
NONCOMMERCIAL TIMBER HARVESTING
PROFESSIONAL FORESTER
STANDARD CORD
Definitions. As used in this article, the following terms
shall have the meanings indicated:
A measure of lumber 12 inches by 12 inches by one inch as measured
by the International 1/4-inch Log Rule.
The cutting or removal of live healthy trees for sale or exchange
of goods, commodities or services, when it is not performed in connection
with legally permitted soil mining, building construction or building site
development.
The cutting or removal of trees when it is not performed as commercial
timber harvesting.
A person who has a minimum of a bachelor of science degree in forestry
from a four-year college accredited by the Society of American Foresters and
acceptable to the Borough Council.
A cut stack of wood measuring four feet by four feet by eight feet
or 128 cubic feet.
There shall be no cutting or removal of trees from any property in the
Borough of Baden except as provided herein. These provisions shall not be
construed as prohibiting or limiting the normal maintenance of trees or property
through the selective removal of tree limbs, dead or diseased trees or brush.
A.
No person, firm or corporation shall conduct any commercial
timber harvesting operation in the Borough without first obtaining a timber
harvesting permit from the Borough Council.
B.
No person, firm or corporation shall conduct noncommercial
timber harvesting in the town where the total harvest is to equal or exceed
15 standard cords of wood or 1,920 cubic feet of wood or 7,500 board feet
of timber in a twelve-month period without first obtaining a timber harvesting
permit from the Borough Council, except where such harvest is performed in
connection with legally permitted soil mining, building construction or building
site development. For those uses, a plan should be submitted to the Conservation
Board for review under state environmental quality review statutes. All other
noncommercial timber harvesting shall be exempt from permit requirements but
must still adhere to the town's timber harvesting standards.
A.
Application. In all cases where a timber harvesting permit
is required, the applicant shall file with the Borough Secretary an application,
in triplicate, for such permit, which shall include:
(1)
A letter of application stating a description of the
proposed operation, the name and current address of the owner of the property
to be harvested and the name and current address of the professional forester
to be consulted in the operation. This letter shall bear the signature of
the applicant and the property owner.
(2)
A site map which shall show:
(a)
The location and boundaries of the property to be harvested.
(b)
Existing topography at a contour interval of 10 feet.
(c)
The location and status of any previous timber harvesting
operations on the property within the last five years.
(d)
All public roads within 500 feet of the property and
roads that are to be used for access or removal of the harvest.
(e)
The location and bounds of areas to be harvested.
(f)
The intended location of storage piles, loading areas
and skidding roads.
(g)
Road access to the property.
(h)
All existing or intermittent streams or standing bodies
of water in or within 500 feet of harvest site.
(i)
Details of existing and proposed drainage, and proposed
erosion control measures.
(j)
All buildings within 500 feet of the harvest site.
(k)
Sufficient data to determine whether the timber harvest
will be controlled to prevent permanent environmental damage to the site or
surrounding area.
(3)
A data sheet summarizing cutting operations, which shall
include:
(a)
The total area involved in cutting operations.
(b)
The number of trees of each species to be cut.
(c)
The percentage of trees which have been cut in previous
harvesting within the last five years.
(d)
The range, in inches, of diameter at breast height 4 1/2
feet above the ground of the trees to be cut.
(e)
The total board foot volume for each species to be cut.
(f)
The total volume to be removed from the cutting area.
(g)
The average number of board feet per acre to be cut.
(h)
For harvesting of trees for products such as fence posts, poles, pilings and firewood, the number of units per acre and the total number of units to be removed (expressed in the applicable unit of measurement, e.g., cords of firewood) may be shown in lieu of the items in Subsection A(3)(b), (d), (e) and (g).
(4)
An application fee in the amount of $300.
(5)
Proof of workmen's compensation insurance. The proof
of said insurance or lawful exemption thereof shall be supplied at the time
of consummation of the sale of timber.
B.
Bond requirements: A performance bond shall be posted
with the Borough Council in the amount of 10% of the contract price at the
time of consummation of sale to insure conformance to the approved plans,
contract and the erosion and sedimentation control plan. The Borough Council
shall set a reasonable time limit for such bond, which will be two years unless
otherwise designated. Said bond shall remain in full force and effect until
a certificate of completion has been issued indicating compliance with the
provisions of this article. In lieu of such a bond, the applicant may post
a cash deposit or certified check with the Borough. The bonding requirement
hereinabove described is separate and apart from any and all bonding requirements
relevant and applicable to roads and vehicular travel thereon.
C.
Owner's protective insurance policy. An owner's
protective insurance policy shall be posted with the Borough Council in an
amount and form to be determined by the Borough Council, but not to exceed
$1,000,000, naming the Borough of Baden as a party insured, to insure the
protection of the Borough of Baden against any liability arising from the
logging operations. Said insurance shall be posted at the time of consummation
of sale.
A.
Each application for a timber harvesting permit, together with the required information described in § 174-11 shall be referred to the Borough Council by the Borough Secretary within five days of the date of the application for preliminary review. Within 45 days of the date the application is determined to be complete, the Borough Council shall call a public hearing on the application. Within 45 days after the close of the public hearing, the Borough Council shall forward its findings to the applicant and the Zoning Inspector, indicating that the application has been approved, disapproved with modifications or conditions. A copy of the Council's findings shall also be maintained in the office of the Borough Secretary.
B.
Applicants for a permit shall reimburse the Borough the
actual costs and fees incurred by the Borough for the following items and
services:
(1)
Newspaper advertising costs (for publication of notices
of public hearing);
(2)
Fair and reasonable fees associated with the services
of a Borough forester/consultant who renders services to the Borough pursuant
to authority and duties herein set forth; and
(3)
Fair and reasonable fees associated with the services
of a Borough professional engineer who renders services to the Borough for
project services directly related to the applicant's logging activity.
C.
Should the Borough Council determine that a consultant
should be retained to review the application, the applicant shall bear the
cost of the consultant.
D.
Permits issued under this section shall expire two years
from the date of issuance, except that after a public hearing and upon a finding
of the Borough Council that all terms and provisions of this article have
been complied with, the Borough Council may extend permits for one-year periods.
A.
Review by a professional forester. Where an applicant
wishes to conduct timber harvesting under permit, the area to be harvested
shall first be reviewed by a consulting professional forester who shall be
retained by the applicant. Said foresters shall mark each tree to be removed,
with paint or other distinctive means, at two points so as to be readily visible
for inspection. One paint marking shall be low enough on the tree so as to
be visible on the stump after the tree is removed.
B.
No cutting or loading shall take place between the hours
of 5:00 p.m. and 7:00 a.m. or on Sundays, New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day or Christmas Day.
C.
Timber harvesting shall be conducted in accordance with
the operational standard entitled "Timber Harvesting Standards" which shall
be maintained on file in the office of the Borough Secretary.
A.
This article shall be enforced by the Borough Zoning
Inspector. The Zoning Inspector may request and shall receive, so far as may
be necessary in the discharge of his duties, the assistance and cooperation
of the police and all other municipal officials exercising jurisdiction over
property being harvested or harvesting operations.
B.
The Zoning Inspector and assistants described above,
upon the showing of proper credentials and in the discharge of their duties,
may enter upon any property at any reasonable hour where timber harvesting
is reported, proposed or being conducted, and no person shall interfere with
such entry.
The Borough Council may revoke a timber harvesting permit theretofore
issued in the following instances:
A.
Where it finds that there has been any false statement
or misrepresentation as to a material fact in the application, plan or information
on which issuance of the permit was based.
B.
Where it finds that the permit was issued in error and
should not have been issued in accordance with applicable law.
C.
Where the permittee fails or refuses to comply with a
written order issued by the Zoning Inspector within the time fixed for compliance
therewith.
Any person, firm or corporation who or which shall violate or fail to
comply with a written order or notice of violation issued by the Zoning Inspector
or with any of the provisions of this article or conditions of the timber
harvesting permit shall be liable to punishment by a fine of not more than
$300 or by imprisonment, or both. Each day that a violation continues shall
be deemed a separate offense.
