[HISTORY: Adopted by the Board of Commissioners of the Township
of North Versailles 7-17-2000 by Ord. No. 980. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
That area of land surrounding the immediate perimeter of
a logging operation in which no cutting of trees or other vegetation
shall occur except for the isolated cutting of individual trees which
are dead, damaged, sick, infected or constitute a danger to neighboring
properties or the public generally.
A logging method that removes all trees from a tract of land
or portion thereof.
A person engaged in raising crops, not including trees as
defined in this chapter, in dairy farming, the production of poultry
or livestock, the production of poultry or livestock products, or
the principal part of whose income is derived from any one or more
of the foregoing operations.
A person with a degree in forestry from a college or university
accredited by the Society of American Foresters who has experience
in wood lot management.
The act of cutting live trees for cordwood, timber, pulp
or for any commercial purpose.
The act of cutting live trees pursuant to a logging permit
issued under the authority of this chapter.
See "logging."
Any permit to remove trees or to conduct logging operations
as defined and authorized in this chapter.
Any individual, partnership, corporation, association or
other legal entity, including the plural as well as the singular,
and including all tree removal companies and persons removing trees
on behalf of others.
A method of selectively removing trees from a wooded area
either singly or in small groups according to age and size with provision
being made for natural or artificial vegetation.
All debris resulting from logging operations, including stems,
limbs, and parts thereof.
See "logging."
That part of a felled tree which is left above the part of
the tree to be utilized by the logger.
Any self supporting woody plant of a species, which normally
in the area grows at maturity to an overall height of a minimum of
15 feet.
The cutting of trees for any purpose.
A.
Tree removal, timbering and/or logging within the Township on any
parcel of land one acre in area or larger shall require a permit except
as provided herein. Permits shall be issued for a maximum of 10 acres
at any one time, and shall be valid for a period of four months from
date of issue.
B.
Except as otherwise herein provided, it shall be unlawful for anyone
to cut down any tree in any zoning district in North Versailles Township
which is six inches or more in diameter measured at a point 4 1/2
feet above ground.
C.
Except as otherwise herein provided, any person desiring to conduct
a logging operation or cut trees on any parcel of land in the Township
of North Versailles shall first obtain a logging permit or tree removal
permit as the case may be; it shall be unlawful to maintain, operate
or permit the maintenance or operation of any logging operation or
tree removal on any land in the Township in violation of any provision
of this chapter.
A.
No permit shall be necessary and it shall be lawful to cut down trees
six inches or more in diameter up to 20 trees per acre if the tree
is sick, infected, damaged, dead, is in such position or condition
that it constitutes a danger to neighboring property or to the public
generally, or is located within the legal right-of-way of a public
street or public utility.
B.
No permit shall be necessary and it shall be lawful to cut down trees
six inches or more in diameter up to 20 trees per acre when conducted
by a homeowner on a parcel of land upon which his home is situate
one acre in area or smaller. It is specifically noted that only 20
trees may be cut down with this exemption. If more than 20 trees are
to be cut down, a tree removal permit is required.
C.
When a zoning permit is issued for a building, structure or use,
it shall be lawful to cut down any trees which exist in the space
to be occupied by such building, structure, or use, any space within
15 feet of any building or structure, and any space to be occupied
by, and all space within 10 feet of all sides of, any driveway, parking
area, water system, or sewage disposal system. The granting or entitlement
to a grading permit shall not obviate the requirement for a permit
under this chapter if tree removal mandates a permit. In such event,
a person may require a grading permit and a permit under this chapter.
D.
Any and all permits issued pursuant to this chapter shall be declared
null and void if commencement of work so permitted is not started
within a reasonable time, but in no case will the permit be valid
for more than four consecutive months. Permits not utilized within
this period will become null and void and future work will require
a new application. A permit shall further be deemed to be terminated
when the work authorized by the permit is completed. This shall in
no way excuse the permit holder from strict compliance with the terms
and conditions of this chapter.
E.
During periods of abnormal forest fire danger, as determined by the
Township Fire Marshal, the Township shall have the right to order
a suspension of logging operations until the danger subsides.
Any person desiring to remove no more 20 trees per acre, six inches or more in diameter on land comprised of three acres or less and not otherwise covered in § 185-3A or B, shall first obtain a tree removal permit. Tree removal may only be done in accordance with a forest management plan prepared by a forester, and an erosion and sedimentation control plan designed to prevent erosion and sedimentation during and after the logging operations approved by the Soil Conservation Service of Allegheny County. Copies of all such plans shall be filed with the Zoning Officer. This permit may be issued by the Zoning Officer without the necessity of obtaining a special exception.
Logging shall be permitted as a special exception in all zoning districts in the Township in accordance with the provisions of Chapter 300, Zoning, of the Code of North Versailles Township, relating to the granting of special exceptions.
B.
Logging shall be done only in accordance with a forest management plan, prepared by a forester, and an erosion and sedimentation control plan designed to prevent erosion and sedimentation during and after the logging operations approved by the Soil Conservation Service of Allegheny County. Copies of all such plans shall be filed with the Zoning Officer at least 30 days prior to the date on which the Zoning Hearing Board is to hold its hearing on the application for a special exception to do such logging. All submissions shall contain a recitation of the manner of how the work shall be accomplished and demonstrate compliance with the requirements of § 185-7.
C.
Application for logging permits shall be accompanied by an application
fee in an amount to be determined by the Board of Commissioners by
simple resolution from time to time.
D.
Application for a logging permit shall be accompanied by a topographical
survey of the property with the area of trees to be cut down shown
thereon.
A.
The forest management plan and the logging operation shall comply
with the following requirements:
(1)
All logging shall be undertaken by the selection method. Clear-cutting
is prohibited.
(2)
All cutting, removing, skidding and transporting of trees shall be
planned and performed in such manner as to minimize the disturbance
of or damage to other trees and vegetation and the land itself.
(3)
Any roads, trails or grading to facilitate roads shall be planned
and performed in such manner as to minimize the disturbance of or
damage to other trees and vegetation and the land itself. All roads
must be seeded and mulched within 30 days of completion of the project,
the expiration of the permit or cessation of work.
(4)
Roads and trails shall be only wide enough to accommodate the type
of equipment used and grades shall be kept as low as possible.
(5)
Where possible, stream crossings shall be avoided, but where deemed
necessary, crossings shall be made at a right angle across suitable
culverts or bridges.
(6)
Skidding logs across live or intermittent streams is prohibited,
but they may be skidded over bridges and culverts.
(7)
Buffer zones of 50 feet shall be maintained on the property on which
the logging operation is being conducted along all streets and abutting
properties.
(8)
Buffer zones of 25 feet shall be maintained along any streams and
around any springs.
(9)
Everything practicable shall be done to prevent damage or injury
to young growth and trees not designated for cutting.
(10)
All limbs and stubs shall be removed from felled trees prior
to skidding.
(11)
All trees bent or held down by felled trees shall be released
promptly.
(12)
No trees shall be left lodged in the process of felling.
(13)
Felling or skidding on or across property of others is prohibited
without the express written consent of the owners of such property.
Felling or skidding on or across any public street is prohibited without
the express written consent of the Township in the case of Township
streets or the Pennsylvania Department of Transportation in the case
of state highways.
(14)
No tops or slash shall be left within 50 feet of any public
street or adjoining property; within 25 feet of any stream, historic
or scenic trail; or within 10 feet of a drainage ditch. All slash
must be removed from the site within 30 days of completion of the
project, the expiration of the permit or cessation of work.
(15)
Stumps of all felled trees shall be permitted to remain in the
soil for stabilization purposes.
(16)
Upon completion of a logging operation, all roads shall be graded
to eliminate any wheel ruts, and access to such roads from any public
street by motor vehicles of any kind shall be effectively and safely
blocked.
(17)
Before the logging operation begins, all trees which are to
be felled in connection therewith shall be clearly marked on the trunk
and the stump so that the same may be easily identified both before
and after a tree has been felled. No trees shall be felled which have
not been designated for removal on the forest management plan as finally
approved by the Zoning Hearing Board.
(18)
The holder of a permit to conduct a logging operation shall
notify the Township at least 48 hours before the cutting of trees
is to begin.
(19)
The holder of a permit to conduct a logging operation shall
notify the Township at least 48 hours before the removal of trees
from the site is to begin.
(20)
The holder of a permit to conduct a logging operation shall
notify the Township at least 48 hours in advance of an expected suspension
of logging operations for more than five successive working days for
reasons other than weather conditions.
(21)
The holder of a permit to conduct a logging operation shall
notify the Township at least 48 hours in advance of the expected completion
date of the logging operation, and shall notify the Township immediately
upon completion.
(22)
The Township may, by its own personnel or outside persons hired
for the purpose, go upon the site of any proposed logging operation
after an application to conduct such operation has been filed for
the purpose of reviewing the plans for the proposed operation and
thereafter recommending or opposing the proposed operation or recommending
or requiring changes or modifications thereto.
(23)
After a permit for a logging operation has been issued, the
Township shall have the right, by its own personnel or by outside
persons hired for the purpose, to go upon the site before, during,
and after the logging operation to insure compliance with the plans
for said operation, as finally approved, and all of the terms and
provisions of this chapter.
(24)
Logging shall not be undertaken on any ground with a slope exceeding
25%, in landslide-prone areas or in a floodplain.
(25)
All trees shall be removed in sections not to exceed 24 feet
in length.
(26)
When a logging operation has been completed, the property shall
be replanted with trees of a similar nature measuring a minimum of
two feet in height to replace the trees which were cut down.
(27)
All logging debris, including small tree tops and branches,
shall either be hauled from the site or properly mulched on the site
and spread; the property shall be completely restored to its pre-logging
condition.
(28)
No tree may be cut which is the largest of it species in the
state.
(29)
The logging permit application shall be field-checked prior
to issuance of permit.
(30)
Daily hours of operation, which includes, but is not limited
to, the movement of trucks and/or equipment at the logging operation
site, shall commence no earlier than 7:00 a.m. and terminate no later
than 7:00 p.m. prevailing time.
A.
Prior to the commencement of a logging operation, the person who
secures the logging permit shall post a bond written by a surety company
authorized to do business in the Commonwealth of Pennsylvania with
the Township as obligee in the amount of $3,000 per acre to guarantee
restoration of the property and a bond in the amount of $15,000 per
1,000 feet of Township road over which equipment and/or trucks from
the logging operation travel to guarantee repair and restoration of
the Township roads. In lieu of the bond, other security acceptable
to the Township (e.g., an irrevocable letter of credit issued by a
bank or savings and loan) may be posted with the Township.
B.
Bond will not be released until the site has been inspected and approved
by the Code Enforcement Officer, and all the requirements of this
chapter have been satisfied by the permittee.
A permit fee must accompany each application for a permit in
an amount to be determined by the Board of Commissioners from time
to time by simple resolution. The fee shall be in such amount to cover
the cost and fees charged by Township personnel in carrying out the
intent of this chapter, including all engineering fees for inspection,
prosecution (if necessary) and supervision. A permittee shall continue
to be liable for all fees and expenses incurred by the Township at
its customary rates in enforcing this chapter. Initially, each permittee
must pay a permit fee of $1,000 with the submission of his application.
Any person found to be in violation of any provision of this
chapter shall be subject to a civil penalty in the amount of $1,000
for each violation. Every day shall be deemed to be a separate violation.
In addition, any person found to be in violation of this chapter shall
be liable to the Township for all Township expenses and legal fees
in connection with such prosecution.
