[Ord. No. 473, 5/26/2020]
In order to conserve forested open spaces and the environmental and economic benefits they provide, it is the policy of North Fayette Township to encourage the owners of forestland 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 §§ 23-101 through 23-108 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, avoiding unreasonable and unnecessary restrictions on the right to practice forestry, and improving the health and welfare of the community.
2.Â
A timber harvesting permit shall not apply to:
A.Â
Work performed on clearing subdivision roads and rights-of-way approved
by the Township.
B.Â
Work performed in accordance with a land development plan approved
by the Township, except as otherwise required by § 27-208
of the North Fayette Code of Ordinances.
C.Â
The cutting of trees for the personal use of the landowner or for
precommercial timber stand improvement on lots less than one acre
in size.
D.Â
Where less than 30 trees that measure eight inches or more in DBH
are to be felled on a single parcel within any three-year period.
3.Â
At least 30 days in advance of commencing timber harvesting operations,
the landowner shall submit a permit application in a form to be provided
by the Township, and include the following:
B.Â
Copies of all state permits, state permit applications, and all supporting
documentation required for state permits;
C.Â
The total number of trees selected for harvesting, the types of trees
to be harvested, and the estimated value of the trees to be harvested;
D.Â
Purpose of the proposed operation;
E.Â
Name, address and telephone number of the landowner and operator;
F.Â
Total land area involved in the proposed timber harvesting operation;
and
G.Â
A nonrefundable fee in the amount of $200, or as amended from time
to time by resolution.
As used in §§ 23-101 through 23-108, the following terms shall have the meanings given in this section:
The diameter of a tree as measured at a height of 4.5 feet
above the ground, on the uphill side of the stem, using a tree caliper,
a diameter tape or a Biltmore stick.
The act of cutting a standing tree so that it falls to the
ground.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development.
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 forested land, whether such
control is based on legal or equitable title or 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 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, that results
in better growth, structure, species composition, or health for the
residual stand but 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
bank.
That part of forestry involving 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 not merchantable
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. (Source: Pennsylvania Code,
Chapter 105 Regulations)
1.Â
Notification of commencement or completion. For all timber harvesting
operations that are expected to exceed 25 acres, the landowner shall
notify the code enforcement officer at least five business days before
the operation commences and within five business days before the operation
is complete. No timber harvesting shall occur until the notice has
been provided. Notification shall be in writing and 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.
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 provided to the municipality. 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 code 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.
1.Â
Minimum requirements. At 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 sketch map or drawing 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;
C.Â
Location of all earth-disturbance activities, such as roads, landings,
and water-control measures and structures;
D.Â
Location of all crossings of waters of the commonwealth; and
E.Â
The general location of the proposed operation to municipal and state
highways, including any accesses to those highways.
3.Â
Compliance with state law. The logging plan shall address and comply
with the requirements of all applicable state regulations, including,
but not limited to, the following:
A.Â
Erosion and sedimentation control regulations contained in Title
25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean
Streams Law (35 P.S. § 691.1 et seq.).
B.Â
Stream crossing and wetlands protection regulations contained in
Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the
Dam Safety and Encroachments Act (32 P.S.§ 693.1 et seq.).
4.Â
Relationships 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 Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the 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.
The following requirements shall apply to all timber harvesting
operations in the municipality:
1.Â
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the municipality or the Pennsylvania
Department of Transportation, whichever is responsible for maintenance
of the thoroughfare.
2.Â
No tops or slash shall be left within 25 feet of any public thoroughfare
or private roadway providing access to adjoining residential property.
3.Â
All tops and slash between 25 and 50 feet from a public 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 ground.
4.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.
5.Â
Litter resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator.
6.Â
A fifty-foot buffer zone shall be required between the boundary of
any timber harvesting area and any watercourse, within which no timber
harvesting shall occur.
Pursuant to Title 75 of the Pennsylvania Consolidated Statutes,
Chapter 49, and Title 67 Pennsylvania Code, Chapter 189, the landowner
and the operator shall be responsible for repairing any damage to
municipality roads caused by traffic associated with the timber harvesting
operation to the extent the damage is in excess of that caused by
normal traffic. The operator may be required to furnish a bond to
guarantee the repair of such damages, as determined by the Township
with advice from the Municipal Engineer.
2.Â
Inspections. The code enforcement officer may go upon the site of
any timber harvesting operation before, during, or after active logging
to:
3.Â
Violation notices; suspensions.
A.Â
Upon finding that a timber harvesting operation is in violation of
any provision of this Part, the code enforcement officer shall issue
the operator and the landowner a written notice of violation describing
each violation and specifying a date of not less than 30 days by which
corrective action must be taken. The code enforcement officer may
order the immediate suspension of any operation upon finding that:
B.Â
Suspension orders shall be in writing, issued to both the operator
and the landowner, and remain in effect until, as determined by the
code enforcement officer, the operation is brought into compliance
with this Part or other applicable statutes or regulations of the
logging plan.
C.Â
The landowner or the operator shall appeal an order or decision of
a code enforcement officer within 30 days of issuance to the North
Fayette Township Board of Supervisors.
4.Â
Penalties. Any landowner or operator who violates any provision of this Part, refuses to allow the code enforcement officer access to a harvest site pursuant to Subsection 2 of this section, or fails to comply with a notice of violation or suspension order issued under Subsection 3 of this section is guilty of a summary offense and upon conviction shall be subject to a fine of not less than $100 plus costs. Each day the violation continues may constitute a separate offense. The enforcement of this Part by the municipality shall be by action brought before a district magistrate in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
5.Â
Effect of subsequent zoning and land use application. If any application
for the subject property is submitted in accordance with the Township's
zoning and land use ordinances within three years of the date of approval
of a timber harvesting permit under this Part, then the application
under the applicable zoning and land use ordinance shall be reviewed
as if the property was in the same condition as it was immediately
prior to the approval of the timber harvesting permit. This requirement
is intended to prevent the use of a timber harvesting permit to circumvent
the respective requirements governing the placement and removal of
trees in accordance with an application under the Township's
zoning and land use ordinances.
