[Adopted 8-14-1989 by Ord. No. 16-1989 as Ch. 25, Part 1,
of the 1989 Code]
The word "person," as used in this article, shall mean and include
any natural person, partnership, association, firm or corporation.
The singular shall include the plural; the plural shall include the
singular, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to plant, maintain or allow
to grow any silver maples or willows within the lines of any street,
alley or sidewalk in the Township of Robinson or within 15 feet of
any public sewer or water line.
Every owner of property in the Township of Robinson shall be
required to keep limbs and branches of all trees growing upon such
property or along the street, sidewalk, curb or alley abutting upon
such property trimmed so that no part of such limbs or branches or
of the foliage growing thereupon shall have a clearance of less than
eight feet above the surface of the sidewalk or of less than 14 feet
above the surface of the roadway of any street or alley.
It shall be the responsibility of property owners in the Township of Robinson to conform to the requirements of this article as to trees upon property owned by them or along streets, alleys and sidewalks abutting upon such property and, upon notice from the Township Manager or his designee, to remove any tree or trees growing in violation of §
268-2 of this article and to trim or cut the branches or limbs of trees as required by §
268-3 hereof. Any person failing to comply with any such notice within the time limit stated therein shall be guilty of a violation of this article and, following the expiration of such time limit, the Township Manager or his designee shall have the authority to cause the work required by such notice to be done by the municipality or under contract therewith and to collect the cost of such work, with an additional amount of 10%, from such property owner in default.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and, in default of payment, to imprisonment
for a term not to exceed 30 days.
[Adopted 11-20-2006 by Ord. No. 16-2006]
In the event that a permit is issued by the Zoning Officer,
the applicant shall comply with the following additional standards
or requirements:
A. No tops or slash may be left within 50 feet of any adjoining property
line.
B. No cutting or loading shall occur from dusk to dawn.
C. All permits issued shall expire one year from the date of issuance.
A permit may be extended for an additional year upon payment of an
additional application fee and a determination that the applicant
is in compliance with this article and all applicable laws.
D. The applicant shall notify the Township by certified mail, return
receipt requested, 10 business days prior to completion of its operation.
E. Streamside logging shall be conducted in accordance with all applicable
laws and subject to the following:
(1) Selected trees may be cut within 50 feet of any stream; however,
no tops or slashes may be left within such area.
(2) A fifty-percent canopy must be maintained within the fifty-foot buffer
zone from the stream.
(3) Streams may not be crossed at any time unless an appropriate permit
is obtained from the Pennsylvania Department of Environmental Protection.
(4) A minimum distance between a stream and any road or skid trail shall
be maintained at 50 feet plus four feet for each 1% of slope (i.e.,
a twenty-percent slope between road/trail and stream would require
a one-hundred-thirty-foot buffer area.
F. All public roadways shall be kept clean and free of mud and debris.
G. Prior to opening the entrance to a logging site onto a Township road,
a driveway opening permit shall be obtained by the applicant.
H. At any point of approved access to a public road, the applicant shall
construct an aggregate base to support the roadway edge.
I. No vehicles utilized in the logging operation shall be parked within
a public right-of-way.
J. No tops or slash shall be left within 100 feet of a public right-of-way.
K. No trees may be cut within any Township right-of-way unless the applicant
obtains the written consent of the Township for such cutting.
L. All logging operations shall comply with any and all applicable Township,
county, state and federal laws, including but not limited to:
(1) 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.).
(2) Stream crossing and wetlands protection regulations contained in 25 Pa. Code, Chapter
105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
(3) Stormwater management plans and regulations issued pursuant to the
Stormwater Management Act (32 P.S. § 680.1 et seq.).
(4) Pennsylvania Municipalities Planning Code Act of 1986 (P.L. 805,
No. 247, as reenacted and amended).
The Zoning Officer may revoke a timber harvesting permit theretofore
issued in the following instances:
A. Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plan or information on which
issuance of the permit was based.
B. Where he finds that the permit was issued in error and should not
have been issued in accordance with applicable law.
C. Where the permittee fails or refuses to comply with a written order
issued by the Zoning Officer within the time fixed for compliance
therewith.
Any person, firm or corporation who shall violate or fail to
comply with a written order or notice of violation issued by the Zoning
Officer or with any of the provisions of this article or conditions
of the timber harvesting permit shall be, upon conviction thereof,
sentenced to 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 be deemed
a separate offense.