[Ord. 381, 10/2/2002, § 101]
1.Â
In order to preserve forests and the environmental and economic benefits they provide, it is the policy of the Township of Richland to encourage the owners of forest land 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 §§ 25-101 through 25-110 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 and avoiding unreasonable and unnecessary restrictions on the right to practice forestry. The Township has used publications and model timber harvesting regulations published by Penn State University as guides for the regulations contained herein.
2.Â
Because proper cutting practices vary depending on the site and on
landowner objectives, it is not the intent of this Part to prescribe
specific practices. However, unless the site has received approval
from the Township Board of Supervisors for development purposes, clear
cutting or the mass removal of all trees or vegetation from a site
is prohibited.
[Ord. 381, 10/2/2002, § 102]
Sections 25-101 through 25-110 apply to all timber harvesting within the Township where the value of the trees, logs or other timber products removed exceeds $5,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.
[Ord. 381, 10/2/2002, § 103]
As used in §§ 25-101 through 25-110, the following terms shall have the meanings given them in this Section.
The act of cutting a standard tree so that it falls to the
ground.
Managing and using for human benefit forest lands and natural
resources that occur on and in association with forest lands, 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 forest land, 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.
Means any natural or artificial channel of conveyance for
surface water with an annual or intermittent flow within a defined
bed and banks.
"Tree harvesting" or "logging" means 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 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.
[Ord. 381, 10/2/2002, § 104]
1.Â
Notification of Commencement and Completion. For all timber harvesting
operations that are expected to exceed one acre, the landowner shall
notify the Township enforcement officer at least 10 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 and approval has been given by the enforcement
office. 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 and completion date of
the operation.
2.Â
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 approved by the Township. 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 Township enforcement officer upon request.
3.Â
Responsibility for Compliance. The landowner and the operator shall
be jointly and severally responsible for complying with the terms
of the logging plan.
[Ord. 381, 10/2/2002, § 105]
1.Â
Minimum Requirements. As a minimum, the logging plan shall include
the following:
A.Â
Design, construction, maintenance and retirement of the access system,
including haul roads, skid roads, skid trails and landings.
B.Â
Design, construction and maintenance of water control measures and
structures such as culverts, broad-based dips, filter strips and water
bars.
C.Â
Design, construction and maintenance of stream and wetland crossings.
D.Â
The general location of the proposed operation in relation to municipal
and state highways, including any accesses to those highways.
2.Â
Map. Each logging plan shall include a site map containing the following
information:
A.Â
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.Â
Significant topographic features related to potential environmental
problems. For example, steep slopes, wetlands, streams, etc. Disturbance
of slopes shall be regulated by Section 10.404 of the Township's Zoning
Ordinance, as amended.
C.Â
Design, construction and maintenance of stream and wetland crossings.
D.Â
The general location of the proposed operation in relation to municipal
and state highways, including any access to those highways.
3.Â
Compliance with State Law. The logging plan shall address and comply
with the requirements of all applicable state laws and regulations
including, but not limited to, the following:
A.Â
Erosion and sedimentation control regulations contained in 25 Pennsylvania
Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35
P.S. §§ 693.1 et seq.).
B.Â
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.).
C.Â
Stormwater management plans and regulations issued pursuant to the
Stormwater Management Act (32 P.S. §§ 680.1 et seq.).
4.Â
Relationship 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 25 Pennsylvania Code, Chapter 102, shall also satisfy the minimum 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.
[Ord. 381, 10/2/2002, § 106]
The following requirements shall apply to all timber harvesting
operations in the Township.
A.Â
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the Township, the Pennsylvania
Department of Transportation or Allegheny County, whichever is responsible
for maintenance of the thoroughfare.
B.Â
No tops or slash shall be left within 25 feet of any public thoroughfare
or private roadway providing access to adjoining residential property.
C.Â
All tops and slash between 25 and 50 feet from a public roadway 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 surface of the ground.
D.Â
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.Â
Litter resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator.
F.Â
No trees or branches shall be left in a dangerous condition. Cut
trees or branches shall not be left standing against or hanging from
other trees, and cut trees or branches shall not be left in piles.
[Ord. 381, 10/2/2002, § 107]
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. 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.
[Ord. 381, 10/2/2002, § 108]
Logging operations or the removal of products shall be prohibited
between the hours of 8:00 p.m. and 7:00 a.m. or at any time on Sundays
and on any of the following legal holidays: New Years Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving and Christmas.
[Ord. 381, 10/2/2002, § 109]
2.Â
Inspections. The Township enforcement officer may go upon the site of any timber harvesting operation before, during or after active logging to review the logging plan or any other required documents for compliance with §§ 25-101 through 25-110 and inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.
3.Â
Violation Notices; Suspensions. Upon finding that a timber harvesting operation is in violation of any provision of §§ 25-101 through 25-110, the Township 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. The Township Enforcement Officer may order the immediately suspension of any operation upon finding that corrective action has not been taken by the date specified in a notice of violation; the operation is proceeding without a logging plan; or the operation is causing an immediate environmental risk. Suspension orders shall be in writing, shall be issued to the operator and the landowner and shall remain in effect until, as determined by the Township Enforcement Officer, the operation is brought into compliance with §§ 25-101 through 25-110 or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of an enforcement officer within 30 days of issuance to the Board of Supervisors of the Township.
4.Â
Penalties. Any landowner or operator who violates any provision of §§ 25-101 through 25-110; refuses to allow the Township Enforcement Officer access to a harvest site pursuant to Subsection (2) of this Section or who fails to comply with a notice of violation or suspension ordered issued under Subsection (3) of this Section is guilty of a summary offense, and upon conviction thereof, shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this Part that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. AO)]
[Ord. 381, 10/2/2002, § 110; as amended at time
of adoption of Code (see Ch. AO)]
All landowners/operators shall pay the Township a fee pursuant to Chapter 1, Part 10, the Fee Schedule of the Codified Code of Ordinances, for each timber harvesting operation which is undertaken. Said fee may be changed from time to time, by resolution, as deemed necessary by the Board of Supervisors.
