As used in this chapter, the following terms shall have the meanings
indicated:
LOGGING and TIMBER HARVESTING
The terms "logging" and "timber harvesting" are used interchangeably
herein, and 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 landowner 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 Township grading, landfill, excavation, subdivision or land development
regulations.
Both the landowner and logging operator shall be responsible for compliance
with the following operational requirements:
A. No property shall be clear cut except as needed for silvicultural
purposes and as recommended by a certified or otherwise licensed professional
forester as part of a forest stewardship or other comprehensive forest management
plan.
B. A buffer strip of trees shall be left standing along all public roadways and watercourses. The minimum width of buffers along roadways shall be as for property boundaries under Subsection
M below; 20 feet for areas less than 25 acres and 40 feet for areas of 25 acres or more measured horizontally from the edge of the public right-of-way. Watercourses shall be defined as those showing as perennial or intermittent on either USGS topographic maps or NRCS County Soil Survey. The width of buffers along each side of watercourses shall be a minimum of 50 feet from the top of bank or center line of channel, whichever is wider.
C. All applications to harvest timber on a slope exceeding
25% shall conform to the following conditions:
(1) Except as recommended and laid out by a certified or
licensed professional forester and approved by the Township Engineer, all
logging roads/skid trails shall be cut only horizontally across slopes; and
no roads/skid trails may be cut vertically.
D. No timber harvesting shall take place in areas determined
by the Township Engineer, with reference to published or commonly accepted
guidelines, to be landslide-prone or flood-prone.
E. The method, species composition and density of forest
regeneration and of soil erosion protection shall be specified by a certified
or otherwise licensed professional forester (the forester) as part of a forest
stewardship or other comprehensive forest management plan (the forest management
plan). Before completion of a logging operation, the forester shall inspect
the property to determine whether adequate erosion-resistant cover exists
to protect the property from erosion and specify what measures, if any, must
be taken to insure erosion protection. A copy of the forester's report
shall be furnished to the Administrator, and the property owner shall certify
installation of said measures before the logging operation is considered complete.
Within three years following completion of a timber harvesting operation,
the property owner shall inventory forest regeneration and provide inventory
results to the Administrator. If such inspection shows evidence of inadequate
regeneration based on the forest management plan, the landowner shall replant
and take such measures to protect the seedlings, including but not limited
to, weed mats, tree tubes, and fencing as recommended by the forester as necessary
to insure success of forest regeneration.
F. No tree over 36 inches or more may be harvested, without
written approval of the Administrator, based upon a finding that the harvest
of such a tree will not result in undue soil erosion, loss or movement. Except
as needed for silvicultural purposes and as recommended by a certified or
otherwise licensed professional forester (the forester) as part of a forest
stewardship or other comprehensive forest management plan (the management
plan), 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 of the parcel under permit. The removal of trees with a diameter
of 12 inches or less must be specifically approved by the Administrator based
upon a finding that such removal will not result in clear cutting (unless
clear cutting is the forest regeneration method recommended by the forester
in the forest management plan). The diameter of the tree shall be measured
at 4 1/2 feet above ground level.
G. Treetops and other logging debris should not exceed seven
feet in height above the ground surface.
H. All roadway/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 unless zoning approval is obtained.
K. No tree may be cut which is the largest of its species
in the state.
L. All soil or debris washed 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 remedied before completing the logging
operation or within three days after notification of the landowner by the
Administrator that such conditions exist.
M. No timber harvesting operation may take place within
20 feet for areas of less than 25 acres and 40 feet for areas of 25 acres
or more measured horizontally from and at right angles to an adjacent property
line unless the owner of the adjacent property has provided a written waiver
consenting to the operation encroaching closer than the aforesaid 20 feet
or 40 feet, as the case may be. 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.
Any person violating this chapter shall, upon conviction thereof before
a District Justice, be sentenced to pay a fine not exceeding $600 for each
violation, and each day such violation continues may be considered a separate
offense.
When provisions of this chapter conflict with other applicable regulations,
codes or laws, the more stringent regulation or legislation shall apply. As
is the case with all legislation, this chapter is to be interpreted utilizing
a rule of reason that will best allow for the attainment of the balance between
the public and private interests this chapter seeks to achieve. Furthermore,
this chapter 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 chapter is finally determined to violate
constitutional and/or statutory requirements, through the process of appellate
litigation, that aspect of this chapter shall be deemed excised or reformed
to the extent necessary to cause the remainder of this chapter to remain legally
enforceable.