[HISTORY: Adopted by the Board of Commissioners of the Township
of Rochester 7-20-2000 by Ord. No. 382; amended in its entirety
2-15-2007 by Ord. No. 419. Subsequent amendments noted where applicable.]
The purpose of this chapter is to protect forests and the environmental
and economic benefits they provide and to encourage the owners of
forestland to continue to use their land wisely, including the long-term
production of timber, recreation, wildlife and amenity values. The
timber harvesting requirements of this chapter are intended to further
the above purpose by:
The provisions of this chapter shall apply to all timber harvesting
within the Township where the size of tract exceeds one acre or where
the value of the trees, logs or other timber products removed exceeds
$1,000. These provisions do not apply to the cutting of trees for
the personal use of the landowner or for pre-commercial timber stand
improvement.
As used in this chapter, the following terms shall have the
meanings given them in this section.
The act of cutting a standing tree so that it falls to the
ground.
Managing and using for human benefit forestlands and natural
resources that occur on and in association with forestlands, including
trees, other plants, animals, soil and water. It includes, but is
not limited to, the planting, cultivating, harvesting, transporting
and selling of trees for commercial purposes.
A place where logs, pulpwood or firewood are assembled for
transportation to processing facilities.
An individual, partnership, company, firm, association or
corporation that is in actual control of forestland, whether such
control is based on legal or equitable title, or on 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.
Discarded items not naturally occurring on the site, such
as tires, oil cans, equipment parts and other rubbish.
To cut tops and slash into smaller pieces to allow the material
to settle close to the ground.
An individual, partnership, company, firm, association or
corporation engaged in timber harvesting, including the agents, subcontractors
and employees thereof.
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition or health for the
residual stand but which 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.
Dragging trees on the ground from the stump to the landing
by any means.
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps and broken or uprooted trees
or shrubs.
Any area of forest vegetation whose site conditions, past
history and current species composition are sufficiently uniform to
be managed as a unit.
Any natural or artificial channel of conveyance for surface
water with an annual or intermittent flow within a defined bed and
banks.
The process of cutting down trees and removing logs from
the forest for the primary purpose of sale or commercial processing
into wood products.
The upper portion of a felled tree that is unmerchantable
because of small size, taper or defect.
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.
For all timber harvesting operations that are expected to exceed
one acre or $1,000 in value, the landowner shall notify the Township
Code Enforcement Officer and/or the Township Forester Consultant at
least five business days before the operation commences and within
two business days before the operation is complete. No timber harvesting
shall occur until the notice has been provided. Notification shall
be in writing and shall 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.
A.
Every landowner on whose land timber harvesting is to occur shall
provide a written logging plan in the form specified by this chapter,
which shall be submitted to the Code Enforcement Officer and/or the
Forester Consultant for review and approval. No timber harvesting
shall occur until the plan has been prepared and approved by the Code
Enforcement Officer and/or the Forester Consultant. The provisions
of this plan shall be followed throughout the operation. The plan
shall be available at the harvest site at all times during the operation.
B.
The landowner and the operator shall be jointly and severally responsible
for complying with the terms of the logging plan.
C.
As a minimum, the logging plan shall include the following:
(1)
All trees to be harvested shall be properly marked with tree marking
paint at eye level on two sides of the tree and also below stump height.
Upon discovery by the Forester Consultant of unmarked stumps, the
Township reserves the right to immediately cease operations;
(2)
Design, construction, maintenance and retirement of the access system,
including haul road, skid roads, skid trails and landings;
(3)
Design, construction and maintenance of water control measures and
structures such as culverts, broad-based dips, filter strips and water
bars;
(4)
Design, construction and maintenance of stream and wetland crossings;
and
(5)
The general location of the proposed operations in relation to municipal
and state highways, including any accesses to those highways;
(6)
Certificate of liability in the amount of $2,000,000, workers'
compensation insurance where applicable. The Township and Forester
Consultant shall be named as additional insured.
D.
Each logging plan shall include a site map containing the following
information:
(1)
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;
(2)
Significant topographic features related to potential environmental
problems;
(3)
Location of all earth disturbance activities such as road, landings
and water control measures and structures;
(4)
Location of all crossings of water of the Commonwealth; and
(5)
The general location of the proposed operation to municipal and state
highways, including any accesses to those highways.
E.
The logging plan shall address and comply with the requirements of
all applicable state laws and regulations including, but not limited
to, the following:
(1)
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.);
(2)
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.); and
(3)
Stormwater management plans and regulations issued pursuant to the
Storm Water Management Act (32 P.S. § 680.1 et seq.).
F.
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 Subsections C and D of this section, provided that all information required by these subsections is included or attached.
The following requirements shall apply to all timber harvesting
operations in the Township:
A.
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the Township or the Pennsylvania
Department of Transportation, whichever is responsible for maintenance
of the thoroughfare.
B.
No tops or slash shall be left within 25 feet of any public thoroughfare
or private roadway providing access to adjoining residential property.
C.
All mainstream portions of residual tree tops and slash shall be
lopped to a maximum height of six feet above the surface of the ground,
in all areas affected by harvesting to include public and private
roadways.
D.
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.
E.
Litter resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator.
A.
The landowner and the operator shall be responsible for repairing
any damage to Township roads caused by traffic associated with the
timber harvesting operation to the extent the damage is in excess
of that caused by normal traffic.
B.
Pursuant to 67 Pennsylvania Code, Chapter 189, the Township may require
the landowner or operator to furnish a bond to guarantee the repair
of such damages.
A.
Township Code Enforcement Officer. The Township Code Enforcement
Officer and/or the Forester Consultant shall be the enforcement officer
for the provisions of this chapter.
B.
Inspections.
(1)
The Township Code Enforcement Officer and/or the Forester Consultant
may enter upon the site of any timber harvesting operation before,
during or after active logging to:
C.
Violation notices and suspensions.
(1)
Upon finding that a timber harvesting operation is in violation of
any provision of this chapter, the Township Code Enforcement Officer
shall issue the operator and the landowner a written notice of violation
describing each violation and specifying a date by which corrective
action must be taken.
(2)
The Township Enforcement Officer and/or the Forester Consultant may
order the immediate suspension of any operation upon finding that:
(3)
Suspension orders shall be in writing, shall be issued to the operator
and the landowners, and shall remain in effect until, as determined
by the Township Code Enforcement Officer and/or the Forester Consultant
the operation is brought into compliance with the provisions of this
chapter or other applicable statutes or regulations.
(4)
The landowner or the operator may appeal an order or decision of
the Township Code Enforcement Officer and/or Forester Consultant within
30 days of issuance to the Board of Commissioners of the Township.
D.
Penalties. Any landowner or operator who violates any provision of this chapter, refuses to allow the Township Code Enforcement Officer access to a harvest site pursuant to Subsection B of this section, or fails to comply with a notice of violation or suspension order issued under Subsection C of this section is guilty of a summary offense and upon conviction shall be subject to a fine of not less than $100 nor more than $300, plus costs for each separate offense. Each day of continued violation of any provision of this chapter shall constitute a separate offense.
