[Ord. No. 5-2021, 9/9/2021[1]]
This Part shall be titled "The Canton Township Timber Harvesting
Ordinance of 2021."
[1]
Editor's Note: This ordinance also superseded former Part
1, Timber Harvesting, adopted by Ord. 4-2005, 5/12/2005, as amended.
[Ord. No. 5-2021, 9/9/2021]
This Part recognizes the need within Canton Township to preserve
forests and the environmental and economic benefits they provide,
and it is the policy of Canton Township 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 this Part 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. 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.
[Ord. No. 5-2021, 9/9/2021]
This Part applies to all timber harvesting within Canton Township
where the value of the trees, logs or other timber products removed
exceeds an amount as set by resolution of the Board of Supervisors.
These provisions do not apply to the cutting of trees for the personal
use of the landowner or for precommercial timber stand improvement.
[Ord. No. 5-2021, 9/9/2021]
For the purpose of this Part, the following terms are defined
as follows and shall have the meanings ascribed to them in this section
unless the context clearly indicates a different meaning:
The act of cutting a standing 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 cup 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.
Any natural or artificial channel of conveyance for surface
water with an annual or intermittent flow within a defined bed and
banks.
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 a 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 integration typically adapted
for life in saturated soil conditions including swamps, marshes, bogs
and similar areas.
[Ord. No. 5-2021, 9/9/2021]
1.
Notification of Commencement of Completion. For all timber harvesting
operations that are expected to exceed one acre, the landowner shall
notify the Canton Township Code Enforcement Officer at least 20 business
days before the operation commences and within 10 business days before
the operation is complete. No timber harvesting shall occur until
the Board of Supervisors has approved a plan for the timber harvesting
operations. 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 or completion date
of the operation.
2.
Logging Plan. Every operator who harvests timber shall prepare a
written logging plan in the form specified by this Part. No timber
harvesting shall occur until the operator has appeared before the
Board of Supervisors to present his/her plan. The Board of Supervisors
will then act upon this plan at a public Township meeting. 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.
A copy of the plan shall be given to Canton Township.
3.
Responsibility for Compliance. The operator shall be responsible
for complying with the terms of the logging plan.
[Ord. No. 5-2021, 9/9/2021]
1.
Minimum Requirements. As a minimum, the logging plan shall include
the following:
A.
Design, construction, maintenance and retirement of the access system,
including haul roads, skid roads, skid trails and landings;
B.
Design, construction and maintenance of water-control measures and
structures such as culverts, broad-based dips, filter strips and water
bars;
C.
Design, construction and maintenance of stream and wetland crossings;
D.
The general location of the proposed operation in relation to municipal
and state highways, including any accesses to those highways; and
E.
Each plan shall be accompanied by a fee as set by resolution of the
Board of Supervisors.
2.
Map. Each logging plan shall include a site map containing the following
information:
A.
The 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.
Significant topographic features related to potential environmental
problems;
C.
Location of all earth disturbance activities such as roads, landings
and water-control measures and structures;
D.
Location of all crossings of waters of the Commonwealth; and
E.
The general location of the proposed operation to municipal and state
highways, including any access to those highways.
3.
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.
Erosion and sedimentation control regulations contained in 25 Pa.
Code Chapter 102, promulgated pursuant to the Clean Streams Law (35
P.S. §§ 691.1 et seq.);
B.
Stream crossing and wetlands protections regulations contained in
25 Pa. Code Chapter 105, promulgated pursuant to the Dam Safety and
Encroachments Act (32 P.S. §§ 693.1 et seq.); and
C.
Stormwater management plans and regulations issued pursuant to the
Storm Water Management Act (32 P.S. §§ 680.1 et seq.).
4.
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 Pa. 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 subsections is included or attached.
[Ord. No. 5-2021, 9/9/2021]
The following requirements shall apply to all timber harvesting
operations in Canton Township:
1.
Felling or skidding on or across any public throughfare is prohibited
without the express written consent of Canton Township of the Pennsylvania
Department of Transportation, whichever is responsible for maintenance
of the throughfare;
2.
No tops or slash shall be left within 25 feet of any public throughfare
or private roadway providing access to adjoining residential property;
3.
All tops and slash between 25 feet and 55 feet from a public roadway
or private roadway providing access to adjoining residential property
or within 55 feet of adjoining residential property shall be lopped
to a maximum height of four feet above the surface of the ground;
4.
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.
Litter resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator;
6.
The operator and/or landowner shall not be permitted to run their
trucks during that period of day when the local school buses are transporting
children between school and their homes.
[Ord. No. 5-2021, 9/9/2021]
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 Pa. Code Chapter
189, the Township shall require the landowner or operator to make
application with the Township for a heavy hauling permit and to furnish
a bond to guarantee the repair of such damage.
[Ord. No. 5-2021, 9/9/2021]
1.
Canton Township Code Enforcement Officer. The Canton Township Code
Enforcement Officer shall be responsible for enforcing this Part.
2.
Inspections. The Canton Township Code 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 this Part and/or to inspect the operation
for compliance which the logging plan and other on-site requirements
of these regulations.
3.
Violation Notices; Suspensions. Upon finding that a timber harvesting
operation is in violation of any provision of this Part, the Canton
Township Code 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
Canton Township Code Enforcement Officer may order the immediate suspension
of any operation upon finding that:
A.
Corrective action has not been taken by the date specified in a notice
of violation.
B.
The operation is proceeding without a logging plan.
C.
The operation is causing an immediate environmental risk.
D.
The operation is in anyway a threat to the health, safety and welfare
to Township residents or operators of the operation.
4.
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 Canton Township Code Enforcement Officer, the operation is
brought into compliance with this Part or other applicable statutes
or regulations. The landowner or the operator may appeal an order
or decision of the Canton Township Code Enforcement Officer within
30 days of issuance to the Township Board of Supervisors.
[Ord. No. 5-2021, 9/9/2021]
Any landowner or operator who violates any provision of this
Part or refuses to allow the Canton Township Code Enforcement Officer
access to a harvest site pursuant to this Part or who fails to comply
with a notice of violation or suspension order issued under this Part
is guilty of a summary offense and, upon conviction, shall be subject
to a fine of not less than $100 nor more than $300, plus costs, for
each separate offense. Each day of continued violation of any provision
of this Part shall constitute a separate offense.
[Ord. No. 5-2021, 9/9/2021]
In the event that any provision, section, sentence or portion
of this Part shall be held invalid, such invalidity shall not affect
or impair any of the remaining provision of this Part, as the provision
are severable and would have been enacted had not such invalid provisions
been included herein.
[Ord. No. 5-2021, 9/9/2021]
Any ordinance containing any provision inconsistent herewith,
to the extent that such provision is inconsistent, that provision
is also hereby repealed.
[Ord. No. 5-2021, 9/9/2021]
This Part shall become effective five days after enactment.
