This chapter is in full effect in order to protect
a valuable natural resource from being exploited to the detriment
of residents of the Borough of Edgeworth. This chapter will be known
as the "Logging Ordinance."
The following terms and definitions shall be
applicable to activities regulated herein.
BUFFER ZONE
Land surrounding the immediate perimeter of a logging operation
in which the cutting of trees or other vegetation shall be limited
except for the isolated cutting of individual trees which are dead,
damaged, sick, infected, or constitute a danger to neighboring properties
or the public generally.
CLEAR CUTTING
Either of the following: any removal of the greater of five
trees or 50% or more of the trees from a tract of land; or the complete
removal of trees from a portion of a tract of land. The foregoing
limits shall be an aggregate measurement, meaning that successive
removals will not be viewed as separate.
DEFORESTATION
The removal of all trees and shrubbery in an area precedent
to development.
FORESTER
A person with a degree in forestry from a college or university
accredited by the Society of American Foresters who has experience
in wood lot management.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principals, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land or lot development.
LOGGING
The cutting down of trees in or for any type of business
or commercial purpose, including the cutting of trees and clearing
of land for which an application for land development and subdivision
and any such cutting on an individual lot.
SELECTION METHOD
A method of selectively removing trees from a wooded area
either singly or in small groups according to age and size with provision
being made for natural or artificial revegetation.
SLASH
All debris resulting from logging operations, including stems,
limbs, and parts thereof.
TOPS
That part of a felled tree which is left above the part of
the tree to be utilized by the logger.
TREE
A tree that is at least six inches in diameter measured three
feet above ground.
Lot owners may cut and remove trees on their
lots subject to the following:
A. Clear-cutting is prohibited.
B. For purposes of this §
119-6 and the application of the clear-cutting definition, a tree will not be considered as cut if the tree is replaced with another similar tree within a reasonable period of time following the removal of the original tree. Reasonable will generally mean 30 days, unless weather conditions require a longer period of time.
C. Nothing in this chapter will prohibit the cutting
and removal of any tree that is diseased, dying or dead.
D. The authorization in this section to cut and remove
trees does not apply to any logging activities. For example, an individual
lot owner that desires to have trees cut for commercial purposes must
comply with the logging restrictions in this chapter.
Any person violating this chapter, whether as an individual, principal, agent, employer or employee of another, shall upon conviction by the District Magistrate, be subject to a fine not to exceed $500 plus costs of prosecution, in the discretion of the District Magistrate. This chapter will be enforced as provided in Chapter
130, Zoning. Each separate violation of this chapter, and each day such violation continues or occurs, shall constitute a separate offense.