[Ord. 574, 8/4/2004; as added by Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Logging Ordinance."
[Ord. 574, 8/4/2004]
It is the intent of this Part to promote the welfare of the
people of the Township by providing for the regulation of the removal
of trees in such a way as to protect and preserve the environment,
roads and quality of the community in general. Trees are a natural
resource and an integral part of the natural landscape of the Township,
providing soil erosion control, surface water flow barriers and scenic
beauty, and fostering myriad plant and wildlife species. The removal
or harvest of trees is therefore of prime concern to the residents
of the Township and shall not be permitted, except as hereinafter
provided.
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
As used in this Part, the following terms shall have the meanings
indicated:
Removing all or a majority of trees from the area logged.
An area of property to be logged, approximately 10 to 15
acres in size, depicting the phase number, defined by natural boundaries
and determined by a professional forester.
The practice of cutting only trees above a certain diameter
within the area logged.
The act of cutting a standing tree so that it falls to the
ground.
The act of cutting/harvesting live or dead trees for cordwood,
for timber, for pulp or for any commercial purpose, excepting therefrom
a landowner and/or any agent of a landowner cutting on the property
of the landowner for the use solely of the landowner, any properly
approved clearing for development of building sites or clearing for
farming operations. A landowner who cuts/harvests trees or permits
such cutting/harvesting of trees upon the landowner's property
for other than the landowner's own use is a person engaging in
logging and in a logging operation. A logging operation shall include
the acts of tree harvesting, site clean up and site restoration.
A person, who has earned a four-year college degree in forest
management, is registered with the Pennsylvania Bureau of Forestry
and can demonstrate expertise in environmentally sound forest management/timber
harvesting practices.
The dragging of trees on the ground from the stump to the
landing by any means.
All debris resulting from logging operations, including stems,
limbs and parts thereof. "Tops" shall be the word used to refer to
the upper portion of a felled tree not normally merchantable. Typically,
a "top" becomes part of the "slash" produced by a logging operation.
A professional forester duly retained and/or designated by
the Board of Supervisors and/or the duly authorized designee of the
Township Manager, to serve as the Forester of the Township.
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
Logging operations within the Township on any parcel of property over one acre in size shall require a logging permit. The logging permit shall be issued by the Township for the entire site, but subject to review for each cutting block. The logging operation must be completed to the satisfaction of the Township in one cutting block prior to commencement of logging operation in the next cutting block. A logging operation which moves from one cutting block to another without first receiving the approval of the Township is subject to the penalties in § 13-615 and other appropriate legal processes. The cutting block phase numbers shall be shown on the timber harvest plan as prepared by a professional forester (See § 13-608, "Application for Logging Permit"). A logging permit shall be valid for a period of three years. A one-time, six-month extension shall be granted when requested in a statement from the professional forester hired by the property owner. If logging is conducted without or in violation of a Township logging permit, the landowner and the logging operator shall each be in violation of this Part and each shall be fully subject to all applicable fines and penalties.
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
1.
The Allegheny County Conservation District (ACCD) must approve the
erosion and sedimentation control plan of the property owner and/or
logger who seeks to operate, or cause to operate, a logging operation.
Proper erosion and sedimentation control measures, as outlined in
the ACCD approved plan, shall be implemented prior to any commencement
of logging activities on the property and throughout the duration
of such logging activities to prevent accelerated water runoff. The
first logging activities shall be construction of the roadways, trails,
landings and such. The erosion and sedimentation control measures
shall be maintained throughout the logging operation and until seeding
has germinated.
2.
Hauling or skidding or placing fills or other obstructions in perennial
or intermittent streams is prohibited except as approved by a professional
forester. Nothing in this Part, including the exception stated in
the immediately preceding sentence, is intended to supersede federal
and/or state law relating to clean water, flowing water, fish hatcheries
or the pollution of water resources.
3.
Diameter-limit cutting shall not be permitted.
4.
Clearcutting shall not be permitted unless approved by the Township
Forester based upon a determination that: clearcutting will assist
in forest regeneration; clearcutting will not cause excessive erosion
and sedimentation; and clearcutting will not be done within 50 feet
of any public road right-of-way or any abutting property.
5.
No tree may be cut which is the largest of its species in the state.
6.
No on-site retail sale of harvested wood or logs shall be permitted from the property unless the property is located in a zoning district which permits such use under the Zoning Ordinance [Chapter 27].
7.
No portable sawmills are permitted.
8.
No tops or slash of the felled trees shall be left on any right-of-way
or drainage ditch leading from a culvert, water bar, intercepting
dip or break in the berm of road or in, on or within 25 feet of a
property boundary line, stream, spring seep, dam, lake or public road
right-of-way unless otherwise authorized in writing by a professional
forester who shall not, in any way, have the power to authorize violations
of federal, state, county and Township laws, statutes, ordinances
and regulations. Felling or skidding on or across any public road
is prohibited without the express written consent of the Township
or the Pennsylvania Department of Transportation; whichever is responsible
for the maintenance of the road. No tops or slash shall be left on
or across the boundary of any property adjoining the operation without
the consent of the owner. All tops and slash between 25 and 50 feet
from a public road or a private road providing access to adjoining
residential property, or within 50 feet of an adjoining residential
property, shall be lopped to a maximum height of four feet above the
surface of the ground. Tops of trees may be left in retired skid trails
to discourage unauthorized entry if desired by the owner.
9.
Logging operations shall be conducted at a time of the year when the Township Forester determines that the least amount of environmental damage will occur and are subject to being shut down if they occur at other times. A logging operation and its principles shall be subject to the penalties in § 13-615 for violation of this requirement.
10.
Littering resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator.
11.
When a logging operation has been completed, all disturbed areas
such as the landings, roads and critical areas must be seeded with
annual grasses as determined by the Township Forester upon completion
of the logging operations.
12.
Access roads shall be permanently blocked. The Township shall choose
the appropriate post-harvest security. When the logging operation
on a parcel has been completed, the access road shall be permanently
blocked and kept as such.
13.
Roads and trails shall be constructed, maintained and abandoned in
such a manner as to prevent soil erosion and permanent damage to soil
and waterways. Roads and trails shall be only wide enough to accommodate
the type of equipment used and the grades of such roads and trails
shall be kept as low as possible.
15.
Applicants shall comply with all other applicable federal, state,
county and Township laws, statutes, ordinance and regulations.
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
1.
For all logging operations, prior to hauling on any Township road, financial security shall be posted in accordance with § 13-607 hereof. The Township Engineer and/or his designee shall prepare a report prior to hauling to establish the existing road condition and for the purpose of establishing reasonable times and conditions for hauling logs so that damage to the road will be minimized. Such conditions may include, without limitation, limiting hauling to dry periods. The Township shall be notified during normal working hours as to when hauling will begin from a cutting block so that the first truck can be followed to determine if the roadway is being damaged.
2.
A logging operation shall keep any roadway over which it hauls logs
or other logging residue clean and free of mud and debris to the extent
that such roadway mud, debris or similar material is the result of
vehicles traveling to and from the logging operation. At the point
of access, the logger shall construct an aggregate entrance area to
support the roadway edge. No parking of logging vehicles or storage
of logs shall be permitted in the Township road right-of-way. Water
from the logging area shall not be discharged onto the roadway surface.
3.
No cutting or loading shall take place between the hours of 5:00
p.m. and 7:00 a.m. Monday through Saturday and all day Sunday and
federally designated legal holidays.
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
All financial security required by this Part shall comply with the requirements of the Financial Security Ordinance, [Chapter 1, Part 7].
A.
Performance Security. Prior to the commencement of a logging operation,
the applicant shall post financial security guaranteeing restoration
of the property logged or of any other property damaged by the logging
operations. This financial security shall be in an amount acceptable
to the Township Engineer, and said amount shall be based upon the
actual area of soil disturbance as delineated in the timber harvest
plan. The Township shall be given three business days advance notice,
in writing, by the contractor, owner or any other party conducting
a logging operation, for the purpose of permitting the Township to
inspect the site and approve/disapprove logging work proposed to begin
on a cutting block which has not previously been the subject of logging
under the approved timber harvest plan. Such initial notice may not
be given on a weekend or official Township holiday and must be hand
delivered to the Township's offices. The contractor, owner or
any other party conducting the logging operation shall contact the
Township within three business days after final operations have been
completed. The Township Forester, Township Engineer or Code Official
shall complete a post-harvest inspection of the subject property.
The performance financial security will not be released by the Township
until a post-harvest report indicates that land restoration has been
completed to the satisfaction of the Township.
B.
Road Financial Security. Prior to hauling on any Township road, the applicant for the logging permit shall post separate financial security to guarantee restoration of Township roads damaged by the hauling. This financial security, including the amount, type and form, shall also comply with the vehicle size and weight regulations of Chapter 15, Part 3, of this Code.
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
1.
Application for a logging permit shall be made in writing to the
Code Official on forms supplied by the Township. Such application
shall be accompanied by:
A.
A logging plan.
B.
A timber harvest plan.
C.
An erosion and sedimentation control plan signed, dated and approved
by the ACCD.
D.
A copy of the ACCD's approval and comments.
H.
If applicable, proof of a written timber sales contract between the
property owner and logging company.
All documents should be submitted to the Township prior to requesting
a review of the timber harvest plan and the accompanying documents.
The timber harvest plan shall be available at the harvest site at
all times during the operation and shall be provided to the Code Official
upon request.
2.
Each logging plan shall include a sketch map or drawing containing
the following information:
A.
Location map.
B.
North arrow.
C.
Contours as shown on a USGS topographical map.
D.
Location of any preexisting roads/right-of-way, easements, streams
and property lines. It shall also include the location of proposed
roads or access/egress cartways.
E.
Site location and boundaries, including both the boundaries of the
property on which the timber harvest will take place, the boundaries
of the proposed harvest area within that property and the cutting
block subdivisions of the site.
F.
Total acreage.
G.
Areas of trees to be harvested must be depicted.
H.
Cutting block subdivision of the site.
I.
Significant topographic features related to potential environmental
problems.
J.
Location of all earth disturbance activities such as roads, landings
and water control measures and structures.
K.
Location of all crossings of waters of the Commonwealth.
L.
The general location of the proposed operation to municipal and state
highways, including any accesses to those highways.
M.
Location of any areas identified as unstable soils.
3.
The timber harvest plan, prepared by a professional forester hired
by the property owner and/or applicant, shall show the following:
A.
The point of access onto public road(s) where the aggregate entrance
is to be placed; log landing areas, stream crossings and logging trails.
B.
Areas of trees to be harvested must be designated by the cutting
block phase numbers The phase number shall depict the order of harvesting.
C.
Design, construction, maintenance and retirement of the access system
including haul roads, skid roads, skid trails and landings.
D.
Design, construction and maintenance of water control measures and
structures such as culverts, broad-based dips, filter strips and water
bars.
E.
Design, construction and maintenance of stream and wetland crossings.
F.
The type and rate of seeding/mulching to be used and where it will
be placed to stabilize the soil after logging operations.
G.
A wetland determination statement and a Pennsylvania Natural Diversity
Inventory Search Form shall be submitted with the plan.
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
All applications for logging permits under this Part shall be
accompanied by a permit fee in an amount as set from time to time
by resolution of the Board of Supervisors. No application shall be
accepted as complete by the Township or acted upon unless the appropriate
fees have been paid to the Township.
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
Prior to commencing logging operations, the applicant shall
procure and maintain adequate insurance in an amount of least $1,000,000
to protect it from claims for damages because of bodily injury, including
death, and from claims of damages to property which may arise both
out of and during logging operations, whether such operations be by
itself or by any contractor, agent subcontractor, or anyone directly
or indirectly employed by it or them. A certificate of insurance in
this amount shall be filed with the Township prior to commencement
of logging operations, which certificate and/or related policy endorsement
shall state that the Township shall be given prior written notice
of cancellation of such insurance as follows: (A) at least 10 days'
prior written notice for nonpayment of premium; and (B) at least 30
days' prior written notice for any other reason. The Township
shall be named as an additional insured on all policies of insurance
described in this section and the applicant shall provide proof of
this additional insured status in the form of a policy endorsement
acceptable to the Township. Prior to commencing logging operations,
the applicant shall procure and maintain workers' compensation
insurance as required by state law.
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
1.
The Township Forester and Township Engineer shall examine the logging
permit application and related required information to determine compliance
with all applicable Township regulations and ordinances within 45
days after all necessary filing and required information has been
submitted. The Township Engineer shall either approve or reject said
application within that time frame. If application is rejected, the
Township representatives shall inform the applicant, in writing, stating
the reasons for such rejection.
2.
Review of Application by Others. The Code Official may submit a copy
of all plans and applications for proposed logging for review and
comment to any other appropriate persons or agencies, i.e., the Township
Forester, Commonwealth of Pennsylvania, Department of Conservation
and Natural Resources, Bureau of Forestry; Fish and Boat Commission;
Bureau of Dams and Waterways Management, etc. The application will
also be available to the public for inspection at the Township municipal
building during regular business hours.
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
From time to time as he may deem advisable, the Code Official
shall inspect the work done under the approved plans, specifications,
timing schedule and logging permit. Whenever the Code Official finds
that work under any logging permit fails to conform to the approved
plans, specifications and timing schedule, he may as he deems reasonably
necessary in reliance upon the criteria set forth in this Part, by
written order, direct suspension of other work until conformance has
been achieved or direct such other measures that he deems reasonably
necessary in the circumstances for control of erosion and sedimentation
on the site and for compliance with this Part.
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
1.
Any applicant or person aggrieved by a decision of the Code Official and/or the Township or a notice or order issued under this Part shall have the right of appeal to the Township Board of Appeals established by the Construction Code [Chapter 5, Part 1], provided that a written application for an appeal is filed within 10 days after receipt of said decision, notice or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of the Board of Supervisors. An application for appeal shall be based on a claim that the true intent of this Part or the rules legally adopted hereunder have been incorrectly interpreted, or the provisions of this Part do not fully apply. All appeals before the Township Board of Appeals under this Part shall proceed under the regulations and procedures established in the Construction Code [Chapter 5, Part 1].
2.
All appeals from decisions of the Township Board of Appeals rendered
pursuant to this section shall be taken to the Court of Common Pleas
of Allegheny County and shall be filed within 30 days after entry
of the decision as provided in 42 Pa.C.S.A. § 5572 (relating
to time of entry of order).
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
Neither the issuance of logging permits under the provisions
of this Part nor the compliance with the provisions hereto or with
any conditions imposed by the Township hereunder shall relieve any
person from the responsibility for the damage to any persons or property
otherwise imposed by law, nor impose any liability upon the Township
for damages to persons or property. Nothing in this Part is to be
interpreted as eliminating or reducing the immunities (statutory or
common law/traditional) enjoyed by the Township of its elected or
appointed officials.
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
Any person, firm, or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $300 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist and for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violations of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Police Department, the Code
Official, the authorized designee of the Township Manager, and to
any other officer or agent that the Township Manager or the Board
of Supervisors shall deem appropriate.
[Ord. 574, 8/4/2004; as amended by Ord. 656, 4/9/2015]
When provisions of this Part conflict with other applicable
regulations, codes or laws, the more stringent regulation or legislation
shall apply. Furthermore, this Part is to be interpreted and applied,
to the extent possible, so that it meets all federal and state constitutional
requirements and statutory requirements. If any aspect of this Part
is finally determined to violate constitutional and/or statutory requirements,
through the process of appellate litigation, that aspect of this Part
shall be deemed excised or reformed to the extent necessary to cause
the remainder of this Part to remain legally enforceable.
