[HISTORY: Adopted by the Board of Supervisors
of the Township of Potter 3-13-2002 by Ord. No. 90. Amendments noted where
applicable.]
A.
Whereas, in order to preserve forests and the environmental
and economic benefits they provide, it is the policy of the Township
of Potter 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; and
B.
Whereas, the timber harvesting regulations contained
herein 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; and
C.
Whereas, because proper cutting practices vary depending
on the site and on landowner objectives, the intent of this chapter
is not to prescribe specific practices, but minimum requirements.
D.
Now, therefore, be it ordained and enacted by the
Board of Supervisors for the Township of Potter, Beaver County, Pennsylvania,
a municipal corporation under the Second Class Township Code[1] and the legal authority contained therein, and it is hereby
ordained and enacted by the authority of the same as follows.
[1]
Editor's Note: See 53 P.S. § 65101
et seq.
This chapter shall apply to all timber harvesting
within the Township where the value of the trees, logs, or other timber
products removed exceeds $750. These provisions do not apply to the
cutting of trees for the personal use of the landowner or for precommercial
timber stand improvement.
As used in §§ 194-1 through 194-8 herein, the following terms shall have the meanings given them in this section:
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 cut 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 their agents,
subcontractors and employees.
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 small size, taper, or defect.
The Township of Potter, Beaver County.
Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions including
swamps, marshes, bogs, and similar areas.
A.
Notification of commencement or completion. For all
timber harvesting operations that are expected to exceed one acre,
the landowner shall notify the Township at least 14 business days
before the operation commences and within seven business days before
the operation is complete. No timber harvesting shall occur until
the notice has been provided. Notification shall be in writing and
shall specify the land on which harvesting will occur, the expected
size of the harvest area, the identity, address and telephone number
of the operator and the landowner, and the anticipated starting and
completion date of the operation.
B.
Logging plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this chapter. No timber harvesting shall occur until the plan has been submitted and approved by the Engineer of the municipality. The provisions of the approved plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Township with the notice required by § 194-4A.
C.
Responsibility for compliance. The landowner and the
operator shall be jointly and severally responsible for complying
with the terms of the logging plan.
A.
Minimum requirements. The logging plan shall include
the following:
(1)
Design, construction, maintenance, and retirement
of the access system, including haul roads, skid roads, skid trails
and landings;
(2)
Design, construction, and maintenance of water control
measures and structures such as culverts, broad-based dips, filter
strips, and water bars;
(3)
Design, construction, and maintenance of stream and
wetland crossings; and
(4)
The general location of the proposed operation in
relation to municipal and state highways, including any accesses to
those highways.
B.
Map. Each logging plan shall include a site map containing
the following information:
(1)
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;
(2)
Significant topographic features related to potential
environmental impacts, including wetlands;
(3)
Location of all earth disturbance activities such
as roads, landings, and water control measures and structures;
(4)
Location of all crossings of waters; and
(5)
The general location of the proposed operation in
relation to municipal and state highways, including any accesses to
those highways.
C.
Compliance with law.
(1)
The logging plan shall address and comply with the
requirements of all applicable municipal, state and federal statutes
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 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.);
and
(c)
Stormwater management plans and regulations
issued pursuant to the Stormwater Management Act (32 P.S. § 680.1
et seq.).
(2)
The logging plan shall contain a notarized statement
by the landowner and operator that all legal compliance requirements
have been met.
D.
Relationship of laws, regulations, and permits to the logging plan. Any permits required by any statute or regulation 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 A and B of this section, provided that all information required by these subsections is included or attached.
The following requirements shall apply to all
timber harvesting operations in the Township:
A.
Felling or skidding on or across any public thoroughfare
is prohibited without the express written consent of the Township
or the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the thoroughfare.
B.
No tops or slash shall be left within 25 feet of any
public thoroughfare or private roadway providing access to adjoining
residential property.
C.
All tops and slash between 25 and 50 feet from a public
roadway or private roadway providing access to adjoining residential
property or within 50 feet of adjoining residential property shall
be lopped to a maximum height of four feet above the surface of the
ground.
D.
No tops or slash shall be left within five feet or
across the boundary of any property adjoining the operation.
E.
Litter resulting from a timber harvesting operation
shall be removed from the site and surrounding areas upon completion
of the project.
F.
There shall be no trespassing upon adjoining properties.
G.
The daily timber harvesting operation shall begin
no earlier than 7:00 a.m. and shall end no later than 7:00 p.m.
A.
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 landowner or operator shall furnish a bond to the
Township to guarantee the repair of such damages.
B.
If the Township roads proposed to be utilized are
posted with weight limits, the posted tonnage shall not be exceeded,
or the procedure below shall be followed:
(1)
The landowner and/or operator shall pay for the videotaping
of the roadways, within the proposed limits of use, prior to allowing
any loaded vehicles on the roadways. The taping shall be performed
by an independent firm or organization approved by the Township and
performed in the presence of a Township representative. The taping
shall depict all significant cracks and raveling of the pavement in
a continuous mode from beginning to end points; and
(2)
The video shall be submitted to the Township for review
and safe keeping; and
(3)
A bond shall be submitted to the Township in an amount
specified by the Township Engineer; and
(5)
If a comparison between the initial and subsequent
videotapes reveals that new damage is present, the Township will not
release the bond unless and until:
A.
The Township shall designate an individual responsible
for the enforcement of this chapter.
B.
Inspections. The Township 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 §§ 194-1 through 194-8 and inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.
C.
Violation notices; suspensions. Upon finding that a timber harvesting operation is in violation of any provision of this chapter, the Township 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 Township enforcement officer may order the immediate suspension of any operation upon finding that corrective action has not been taken by the date specified in a notice of violation; the operation is proceeding without a logging plan; or the operation is causing an immediate environmental risk. 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 Township enforcement officer, the operation is brought into compliance with §§ 194-1 through 194-8 or other applicable statues or regulations. The landowner or the operator may appeal an order or decision of the enforcement officer within 30 days of issuance to the governing body of the Township.
D.
Penalties. Any landowner or operator who violates any provision of §§ 194-1 through 194-8, or refuses to allow the Township enforcement officer access to a harvest site pursuant to Subsection B of this section, or who fails to comply with a notice of violation or suspension order issued under Subsection C of this section is guilty of a summary offense and, upon conviction, shall be subject to a fine of not less than $500 nor more than $1,000, plus costs, for each separate offense. Each day of continued violation shall constitute a separate offense.
