[HISTORY: Adopted by the Borough Council of the Borough of Edgeworth 4-19-2005 by Ord. No. 500. Amendments noted where applicable.]
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.
- The removal of all trees and shrubbery in an area precedent to development.
- 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.
- 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.
- 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.
- All debris resulting from logging operations, including stems, limbs, and parts thereof.
- That part of a felled tree which is left above the part of the tree to be utilized by the logger.
- A tree that is at least six inches in diameter measured three feet above ground.
A permit, issued by the Borough Manager, shall be required for all logging or forestry activities.
A review of the forest management or forest-harvesting plan by the Borough of Edgeworth Planning Commission shall precede the issuance of any logging permit.
Two copies of the management or harvesting plan shall be submitted to the Borough Secretary a minimum of 30 days prior to a regularly scheduled meeting of the Borough of Edgeworth Planning Commission, accompanied by an administrative fee as set by Borough Council by resolution.
Failure to secure such permit prior to initiating the logging activity or upon receipt of notice to do so shall result in the filing of enforcement action against the property owner and operator.
For each day that a violation of these provisions continues beyond the compliance date, a fine of $500 shall be imposed.
Logging shall be done only in accordance with a forest management or forest harvesting plan prepared by a forester or qualified professional, a copy of which plan shall be filed with the Borough of Edgeworth. All forest management and harvesting plans and the logging operation itself shall comply with the following requirements:
Trees, forests and secondary forests shall be protected as follows: No clear-cutting of a forest or secondary forest shall be permitted.
An erosion and sedimentation plan shall be submitted prior to the start of logging operations.
All cutting, removing, skidding and transporting of trees shall be planned and performed in such manner as to minimize the disturbance of or damage to other trees and vegetation and the land itself. All points of entry and exit to and from the property will be clearly marked. No other points of entry or exit will be utilized.
Roads and trails shall be constructed, maintained and abandoned in such 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 grades shall be kept as low as possible.
Where possible, stream crossings shall be avoided, but where deemed necessary, crossing shall be made at a right angle across suitable culverts or bridges.
Skidding across or through live or intermittent streams is prohibited except over bridges or culverts.
Buffer zones of appropriate dimensions shall be maintained on the property on which the logging operation is being conducted along all streets and abutting properties, and around streams or springs on the tract being logged.
Everything practical shall be done to prevent damage or injury to young growth and trees not designated for cutting.
All limbs and stubs shall be removed from the felled trees from the site prior to skidding. All slash and tops shall be removed from the site.
No trees shall be left lodged in the process of felling.
Felling or skidding on or across property of others is prohibited without the express written consent of the owners of such property. Felling or skidding on or across any public street is prohibited without the express written consent of the Borough of Edgeworth in the case of Borough streets, or the Pennsylvania Department of Transportation in the case of state highways.
Logging shall not be undertaken on any ground in a landslide or flood-prone area.
The use of Borough roads will require the posting of a bond for logging vehicles. The amount of the bond will be set by the Borough Engineer. The bond will be posted with the Borough prior to the issuance of a permit. No permit, even if issued, will be valid until a proper bond is posted.
No commercial sales of wood or logs shall be permitted unless the property is in a commercial zone.
Tops to a maximum height of four feet or slash shall be disposed of by the contractor or property owner.
The stumps of all felled trees shall be permitted to remain in the soil for stabilization purposes.
Littering is prohibited and during and upon completion of a logging operation all cans, bottles, paper, garbage and other litter of any type shall be removed from the property.
Upon completion of a logging operation, all roads shall be graded to eliminate any wheel ruts, and access to such roads from any public street by motor vehicles of any kind shall be effectively blocked except as necessary for the passage of appropriate vehicles.
All felled trees shall be removed from the property in sections not exceeding 24 feet in length.
When a logging operation has been completed, the property shall be replanted with trees of a similar nature measuring a minimum of two feet in height to replace each tree that was cut.
Before the logging operation begins, all trees which are to be felled in connection therewith shall be clearly marked on the trunk and the stump so that the same may be easily identified both before and after a tree has been felled. No tree shall be felled which has not been designated for removal on the forest management plan as finally approved by the Borough of Edgeworth.
The holder of a permit to conduct a logging operation shall notify the Borough, in writing, by fax, or telephone, within one week before the cutting of trees is to begin in connection with the construction of roads or trails, weather permitting.
The holder of a permit to conduct a logging operation shall notify the Borough, in writing, by fax, or telephone, within one week before the cutting of trees for removal from the site is to begin, weather permitting.
The holder of a permit to conduct a logging operation shall notify the Borough at least one week in advance of the expected completion date of the logging operation, and shall notify the Borough immediately upon said operation's completion, weather permitting.
The Borough may, by its own personnel or outside persons hired for the purpose, go upon the site of any proposed logging operation after an application to conduct such operation has been filed for the purpose of reviewing the plans for the proposed operation.
After a permit for a logging operation has been issued, the Borough shall have the right, by its own personnel or by outside persons hired for the purpose, to go upon the site before, during and after the logging operation to insure and require compliance with the plans for said operation as finally approved and all of the terms and provisions of this chapter.
The holder of a permit to conduct a logging operation shall be notified of an inspection within a week of its scheduled date or a minimum of 48 hours prior to said site inspection.
Minimum requirements. As a minimum, the logging plan shall include the following:
Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails and log landings;
Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bags;
Design, construction, and maintenance of stream and wetland crossings;
A stand prescription for each stand located in the proposed harvest area; and
The specific location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
Map. Each logging plan shall include a site map containing the following information:
Site location and boundaries, including both the boundaries of the property on which the lumber harvest will take place and the boundaries of the proposed harvest area within that property;
Significant topographic features related to potential environmental problems;
Location of all earth disturbance activities such as roads, landings, and water control measures and structures;
Location of all crossings of waters of the commonwealth; and
The specific location of the proposed operation to municipal and state highways, including any accesses to those highways.
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:
Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.);
Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. 693.1 et seq.); and
Stormwater management plans and regulations issued pursuant to the Stormwater Management Act (32 P.S. § 680.1 et seq.).
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 Pennsylvania Code, Chapter 102, shall also satisfy the minimum requirements for the logging plan and associated map specified in Subsections A and B of this section, provided that all information required by these paragraphs is included or attached.
Lot owners may cut and remove trees on their lots subject to the following:
Clear-cutting is prohibited.
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.
Nothing in this chapter will prohibit the cutting and removal of any tree that is diseased, dying or dead.
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.