[HISTORY: Adopted by the City Council of the City of Lower
Burrell 4-11-1994 by Ord. No. 5-1994. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Such terms are used interchangeably herein, and are defined
as the act of cutting and removing trees and all activities related
thereto, for cordwood, for lumber, for pulp or for any commercial
purpose, excepting therefrom a homeowner cutting on his own property
for his own use, the cultivation and harvesting of Christmas trees,
or the clearing for development of building sites where such development
is otherwise subject to the City grading, erosion and sedimentation,
stormwater management, subdivision or land development regulations.
The Mayor and Council find, based on prior experience within
the City, that:
A.
Much of the land within the City is forested and hilly.
B.
Uncontrolled stormwater runoff has contributed to flooding problems
in many City watercourses.
C.
Improper logging can result in uncontrolled and dangerous stormwater
runoff and erosion.
D.
Improper logging can result in damage to roads, drains and watercourses.
E.
Improper logging can result in a fire hazard from logging debris.
F.
Improper logging can ruin the natural beauty and environment of land
within the City and result in the reduction of property values in
the City.
G.
Long-term production of timber can increase property values, provide
continued employment in logging within the City, and help control
stormwater runoff and erosion.
A.
Logging operations within the City of Lower Burrell on any parcel
of property over one acre in size shall require a permit.
B.
On parcels of 25 acres or more, a permit shall be issued for a maximum
of 25 acres at one time and may be extended to permit logging operations
on a contiguous area of up to 25 acres upon finding by the Administrator
that all requirements of this chapter have been met, including payment
of permit extension fees and charges as fixed by resolution.
C.
The logging contractor must notify the Administrator in writing at least one month in advance that he or she will be completing timber harvesting on any twenty-five-acre parcel, and desires a permit extension to continue harvesting additional acreage. Timely notice will expedite the review process and assure that timber harvesting continues without delay and proper security is provided pursuant to § 270-6 of this chapter.
D.
On parcels of 25 acres or less, a permit shall be granted for the
entire parcel.
E.
All permits or permit extensions issued under this section shall
be valid for a period of four months.
A.
An application for a logging permit shall be filed with the City
Timber Harvesting Administrator (hereinafter referred to as the "Administrator")
at least 30 days prior to the commencement of logging.
B.
The application shall be on a form prescribed by the City and shall
include at least the following information:
(1)
The name and address of all property owners.
(2)
The name and address of the logging operator.
(3)
The proposed starting and completion dates for the logging operation.
(4)
The description of the type of trees to be harvested.
(5)
A description of the method of logging.
(6)
An erosion and sedimentation control plan and a stormwater management
plan describing all stormwater management and erosion control measures
to be taken and the location of any stormwater or erosion control
devices or facilities. (Westmoreland County Conservation District
review may be required by the City.)
(7)
A survey of the parcel or parcels of property upon which the logging
will be conducted, which shows:
(8)
A map showing the route loaded vehicles will travel over City streets.
C.
The Administrator shall forward the application to the City Engineer
for review. In reviewing the application, the City Engineer shall
consider the impact of the proposed logging operation upon stormwater
runoff, erosion, watercourses, roads and drains. In particular, the
City Engineer shall consider the extent to which the application addresses
and complies with the applicable standards.
(1)
For erosion and sedimentation control and stream crossing regulations
under 25 Pa. Code, Chapter 102, Erosion Control Rules and Regulations,
issued pursuant to the Clean Streams Law,[1] and 25 Pa. Code, Chapter 105, Dam and Waterway Rules and
Regulations, issued pursuant to the Dam Safety and Encroachments Act;[2] City erosion and sedimentation control ordinance and Westmoreland
County Conservation District.
D.
The City Engineer shall make a recommendation in writing to the Administrator
approving or disapproving the logging plan and stating the reasons
therefor.
E.
Within 90 days after filing of the application, the Administrator
shall issue or deny a permit. Denial shall be in writing with reasons
for denial stated therein. Approval may be subject to reasonable conditions
stated in writing upon the permit and intended to achieve the goals
of this chapter. The applicant shall be informed in writing of the
reasons for such conditions.
F.
Requests for a variance from the rules and regulations of this chapter
shall be considered by the Administrator in accordance with the following
procedures:
(1)
A variance may be granted from the requirements of this chapter if
the following criteria are met:
(a)
That there is good and sufficient cause based on physical circumstances,
conditions or topography unique to the property.
(b)
That failure to grant the variance would result in unnecessary
hardship to the applicant.
(c)
Any variance granted shall be the minimum variance necessary
to relieve the hardship claimed as a basis for the variance.
(2)
No application for a variance requested under this chapter shall be granted that would cause a public or private nuisance or result in violation of the of the erosion and sedimentation rules and regulations set forth at 25 Pa. Code, Chapter 102; the Pennsylvania Clean Streams Law, 35 P.S. § 691.1 et seq.; the Dam Safety and Encroachment Act, 32 P.S. § 693.1 et seq.; the Stormwater Management Act, 32 P.S. § 680.1 et seq.; or any other applicable City ordinance or state or federal laws. If such is found to be occurring, the applicant will be in violation of this chapter and subject to the remedies set forth in §§ 270-8 and 270-9 of this chapter.
(3)
The Administrator shall forward all applications for variances to the City Engineer who shall review the applications, with a copy to the Mayor and Council. The Engineer, in conducting his review, shall consider the factors referenced at § 270-4D of this chapter and may consider the guidelines provided in the Pennsylvania Forestry Association's publication entitled "New Timber Harvesting Guidelines," and the Department of Environmental Protection's publication entitled "Controlling Erosion and Sedimentation from Timber Harvesting Operations," and any other publications setting forth commonly accepted guidelines for the timber harvesting industry. As a result of the Engineer's review, the City Engineer may request additional information including, but not limited to, the following:[4]
(4)
The City Engineer shall, within 30 days after he receives an application
for a variance, and any additional information, make a written recommendation
with respect thereto to the Administrator, stating the reasons for
his recommendation. The Administrator shall consider the City Engineer's
recommendation and any comment(s) received from the Mayor and Council,
and shall grant or deny the variance.
(5)
The grant of a variance may be subject to reasonable conditions and
safeguards necessary in order to protect the public health, safety
and welfare, to protect public and private property and to achieve
the objectives of this chapter.
(6)
Whenever a decision on a variance is made, the Administrator shall
notify the applicant and the Mayor and Council in writing of such
decision.
G.
Any person aggrieved by a permit or variance decision may file an
appeal within 30 days to the Mayor and Council, who shall hold a hearing
thereon pursuant to the Local Agency Law[5] and may affirm, modify or reverse the decision appealed
from.
[5]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq.
and 751 et seq.
Both the landowner and logging operator shall be responsible
for compliance with the following operational requirements:
A.
No property shall be clear cut.
B.
C.
No timber harvesting shall take place in areas determined by the
City Engineer, with reference to published or commonly accepted guidelines,
to be landslide-prone or flood-prone.
D.
No tree with a diameter of 36 inches or more may be harvested without
written approval from the Administrator based upon a finding that
the harvest of such trees will not result in undue soil erosion, loss
or movement. Trees with a diameter of 12 inches or less may be harvested
only if such trees are cull trees or dead trees, and such harvesting
will not result in clear cutting. The diameter of the tree shall be
measured at 4 1/2 feet above ground level.
E.
No log in excess of 24 feet in length shall be removed from the property.
F.
Upon completing a timber harvesting operation, no replanting will
be required within one year. After one year, the property owner shall
inspect the property for evidence of new seedlings and provide the
inspection results to the Administrator. If such inspection shows
evidence of seedling regeneration, the property owner shall replant
the property with seedlings of similar nature measuring a minimum
of one foot in height, and in numbers determined by the Administrator
to be reasonably adequate to protect the harvested property from undue
soil erosion, loss or movement.
G.
Treetops and other logging debris should not exceed seven feet in
height above the ground surface.
H.
All roadways/skid trails must be repaired to prevent soil erosion
and sedimentation and to prevent pooling of stormwater.
I.
Proper erosion and sedimentation control measures shall be taken
on disturbed property to prevent accelerated water runoff.
J.
No commercial sale of wood or logs shall be permitted on the property
located in residential zones.
K.
No tree may be cut which is the largest of its species in the state.
L.
All soil or debris washed or otherwise deposited onto public streets
during logging shall be cleaned up each day. Where adjacent properties,
public or private, have suffered erosion or accumulation of soil and
debris as a result of logging, such conditions shall be promptly remedied.
M.
No timber harvesting operation may take place within 40 feet, measured
horizontally, from an adjacent property line, unless the owner thereof
has provided a written waiver consenting to the operation encroaching
closer that 40 feet. A waiver shall be knowingly made and separate
from a lease or deed unless the lease or deed contains an explicit
waiver from the owner.
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 City as obligee in the amount of $500 per acre to guarantee
restoration of the property logged or of other property, including
City streets, damaged by the logging operation. In lieu of the bond,
other securities acceptable to the City, such as cash, escrow arrangement
or irrevocable letter of credit issued by a bank or savings and loan
institution, may be posted. Upon completion of timber harvesting in
any twenty-five-acre parcel, and upon issuance of a permit extension
by the Administrator to proceed to the next twenty-five-acre area,
the bond or other security posted shall be acceptable security for
the continuing timber harvesting operation.
A.
City police officers or the Ordinance Officer may enter upon the
land in question before, during or after a logging operation in order
to determine whether a logging application or operation complies with
this chapter. The bond shall also cover street damage.[1]
B.
If any logging is done in violation of this chapter, the City may
do any or all of the following:
(1)
Bring action in court of law or in equity to prevent, restrain, correct,
determine or abate such violation.
(2)
Revoke or suspend any logging license that has been granted, such
action to be appealable to the Mayor and Council within 30 days of
notice of revocation.
(3)
Bring action before the Magisterial District Judge to impose penalties
for violation.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation continues shall constitute a separate
offense.
