[HISTORY: Adopted by the Borough Council
of the Borough of Bell Acres 4-9-2007 by Ord. No. 250; amended in its entirety 10-12-2020 by Ord. No.
304. Amendments noted where applicable.]
A.
Much of Bell Acres is made up of wooded slopes, deep valleys, and
numerous streams. This environmentally sensitive land provides wildlife
habitat, scenic beauty, and economic and recreational opportunities,
but it can also be a source of flooding, soil erosion, and landslides
which can negatively impact public and private infrastructure and
reduce resident quality of life.
B.
The Borough recognizes the role it plays through its ordinances in
reducing the potential of different land uses to give rise to these
negative impacts. It is the policy of the Borough to work cooperatively
with property owners who choose to harvest the timber on their land,
but to also encourage alternatives to logging, such as woodland protection
agreements, that can provide economic benefits comparable to those
derived from selling the timber.
C.
This chapter shall be referred to as the "Logging Ordinance," and
is intended to promote good forest stewardship, protect the rights
of adjacent property owners, and minimize the potential for adverse
environmental and public and private infrastructure impacts.
As used in this chapter, the following terms shall have the
meanings indicated:
The calculation of area of earth disturbance shall include
all haul roads, skid trails/roads, landing areas, as well as areas
of tree harvesting when the felling and removal of trees also results
in earth disturbance.
Bell Acres Borough, Allegheny County, Pennsylvania.
A professional engineer licensed in the Commonwealth of Pennsylvania,
duly appointed by the Borough Council to serve as the engineer for
the Borough.
A professional forester whose services have been engaged
by the Borough Council on an as-needed basis.
Buffers are land areas of certain varying widths in which
no logging operation shall occur. Buffers may be located between the
boundary of any logging operation and the top of bank of any flowing
and nonflowing bodies of water, or between the boundary of any logging
operation and the boundary of any public road or the boundary of any
adjoining property.
Removing all or a majority of the trees from the area logged.
An area of property to be logged, no more than 10 acres in
size, depicting the phase number, defined by natural boundaries and
determined by a professional forester.
The practice of cutting all and only all trees above a certain
diameter within the area logged.
The upper forest layer of leaves of the trees that have the
most influence and are sometimes the most abundant and spacious trees
in the area to be logged.
Any area where the vegetation and/or soil is disturbed from
its existing natural condition.
A haul road is a temporary dirt or gravel road within a piece
of forestland used to connect the broad logging operation, including
all landings, to main roads.
Cleared area of usually flat ground on the edge of a timber
harvest that serves as a collection point for logs where logs are
sorted and loaded onto trucks for shipment to a processing plant;
a landing area may also include the temporary staging of equipment
and materials prior to utilization.
Any geologic formation which is especially susceptible to
landslides due to the presence of unstable rock formations or soil
types. See Borough's Geologic Hazard Map of Landslide-Prone Areas.[1]
The act of cutting/harvesting live or dead trees for firewood,
timber, pulp, or any other purpose, excepting therefrom a landowner
and/or any agent of a landowner cutting on the property of the landowner
for the use solely of the landowner; any properly approved clearing
development of building sites; cutting for right-of-way maintenance
along utility or transportation corridors or clearing for commercial
farming operations. A landowner who cuts/harvests trees or permits
such cutting/harvesting of trees upon the landowner's property
for other than the landowner's own use is a person engaging in
logging and in a logging operation.
In addition to logging, a logging operation also includes
the construction of landing areas, related haul roads, and skid trails/roads,
as well as the acts of tree harvesting, site cleanup, and site restoration.
The removal of individual trees for disease or safety reasons is not
a logging operation.
A person who has obtained a professional engineer's
license in the Commonwealth of Pennsylvania.
A person who has earned a four-year college degree in forest
management and is registered with the Pennsylvania Bureau of Forestry.
A skid trail or road is a path through the woods used by
loggers and machinery, such as skidders, to move logs between the
harvest area and the landing area.
All debris resulting from logging operations, including stems,
limbs, and parts thereof. "Tops" shall refer to the upper portion
of a felled tree not normally merchantable. Typically, a top becomes
part of the slash produced by a logging operation.
Any stream designated as "exceptional value" or "high quality"
waters, or any wetland designated as an "exceptional value wetland,"
or their legal equivalent, by the Pennsylvania Department of Environmental
Protection or other state or federal agency.
The largest or oldest healthy tree of each species proposed
to be harvested on the property to be logged.
[1]
Editor's Note: Said map is on file in the Borough offices.
A.
A logging operation within the Borough on any property where the logging operation involves earth disturbance of over 1/2 acre in area shall require a permit. The calculation of area of earth disturbance shall include all haul roads, skid trails/roads, landing areas, and shall also include areas of tree harvesting where the felling and removal of trees results in earth disturbance. The permit shall be issued by the Borough for the entire site but subject to review and approval for each cutting block. The logging operation must be completed to the satisfaction of the Borough in one cutting block prior to commencement of logging operation in the next cutting block. A logging operation which moves from one cutting block to another without first receiving the approval of the Borough is subject to § 118-13, Violations and penalties, and other appropriate legal processes. The cutting block phase numbers shall be shown on the timber harvesting plan as prepared by a professional forester (refer to § 118-4, Application procedures).
B.
A logging permit shall be valid for a period of eight months. A one-time
four-month extension may be granted when requested in writing by the
professional forester hired by the property owner. If logging is conducted
without or in violation of a Borough permit, the landowner and the
logging operator shall each be in violation of this chapter, and each
shall be fully subject to all applicable fines and penalties.
C.
Any logging operation in existence at the time of the enactment of
this chapter may continue without interruption, provided that application
is made within 30 days of said enactment for a logging permit under
the provisions of this chapter and that such permit is granted.
A.
The property owner or logging operator must apply for a permit by
submitting an application. The application requires a site plan, harvest
plan, erosion and sedimentation (E&S) plan, Allegheny County Conservation
District (ACCD) approval, Pennsylvania Natural Diversity Inventory
(PNDI) Receipt, and insurance and bond certificates or letters. Following
the filing of a logging application, a notice approved and posted
by the Borough shall be prominently displayed in a conspicuous location
on the property to be logged. This notice shall include the following
information: property owner and address, applicant and address (if
different), amount of area to be logged, and upcoming meetings at
which the Borough will consider the application. The applicant should
submit the application to the Borough along with supporting documents
and a nonrefundable application fee of $300 and a $1,500 refundable
deposit to cover Borough costs and expenses, including expert and
professional fees. Any unused portion of the refundable deposit will
be refunded after the completion of the logging operation.
B.
The application will be reviewed by the Borough Planning Commission
and, if recommended for approval by Borough Council, will be considered
for approval at Borough Council's next meeting. If the application
is rejected, the Borough shall inform the applicant, in writing, stating
the reasons for such rejection. Upon approval, the property owner
and logging operator will coordinate the logging operation with the
Borough Engineer. The property owner or logging operator must notify
the Borough Engineer five business days prior to the commencement
of the logging operations. If the logging operation involves more
than one cutting block, the property owner or logging operator must
notify the Borough Engineer five business days prior to commencement
of the next cutting block. This allows for the work of each cutting
block and proposed cutting block to be inspected according to the
approved plan.
C.
The site plan will be prepared in accordance with standard architectural
and engineering practices. The site plan will comply with the following
specifications:
(1)
The name and address of the property owner.
(2)
A vicinity map which shows the property proposed for logging and
all adjacent property owners and addresses surrounding the property
for every direction within 200 feet of the property lines.
(3)
Total acreage of logging area and proposed acreage to be disturbed.
(4)
North arrow and drawn to scale.
(5)
The location and names of streets and roads adjacent to the proposed
logging operation.
(6)
Utility rights-of-way and/or easements.
(7)
Topography of the property (USGS contours or more detail if available),
including all slopes 25% or greater and landslide-prone areas.
(8)
The existing watercourses, floodplains, woodlands, and wetlands.
(9)
The boundary of the site area to be logged as indicated by a heavy
line.
(10)
Cutting-block subdivision of the site.
(11)
Areas of trees to be harvested must be depicted.
(12)
The required fifty-foot buffer between the boundary of any logging
operation and the boundary of any public road, or the boundary of
any adjacent property lines.
(13)
The required buffers between the boundary of any logging operation and any flowing or nonflowing body of water, as per the chart found in § 118-6F.
(14)
Location of proposed roads or access/egress cartways.
(15)
Identify location of specimen trees by GPS coordinates. Said
trees shall be physically identified in some manner such that it is
clear they are not to be logged.
D.
The harvest plan shall be prepared by a professional forester. It
will comply with the following specifications:
(1)
A narrative stating the purpose of the proposed operation, the total
land area involved in the operation, an estimate of the total number
trees selected for harvesting, a chart indicating the quantity of
trees, the ranges, and species of trees selected. Said estimate shall
be done in accordance with generally accepted forestry practices.
(2)
A narrative stating the stormwater control measures to be utilized,
stream crossings and wetland protection measures to be utilized.
(3)
Point of access onto public roadway where aggregate entrance is to
be placed, haul roads, landing areas, stream crossings, and logging
skid trails.
(4)
Areas of trees to be harvested must be designated by the cutting-block
phase numbers. The phase number shall depict the order of harvesting.
(5)
Type and rate of seeding/mulching to be used and where it will be
placed to stabilize the soil after completion of the logging operation.
(6)
A narrative stating how the landing area is to be returned to its
natural vegetative state after the completion of the logging operation.
(7)
A narrative describing the procedure to wash all equipment prior
to entering the logging site to avoid the transport and introduction
of the seeds and roots of invasive species brought from other locations
to the logging site.
(8)
A narrative describing the process of identifying the specimen trees
of each species proposed to be harvested in the logging operation,
their location and the protection plan to be implemented to avoid
damage or disturbance to each specimen tree to include physically
identifying them in some manner such that it is clear that they are
not to be harvested.
(9)
A narrative describing the seed mix to be used to restore disturbed
areas of the logging site. Pennsylvania DCNR-listed and other invasive
species shall not be permitted in the seed mix.
E.
The erosion and sediment control plan shall be approved by the Allegheny
County Conservation District. A copy of the agency's review/approval
comments shall be attached.
F.
Insurance and bond certificates or letters shall be supplied with
the application.
G.
Upon approval of the logging application, Borough Council shall issue
a logging permit, which the property owner or logging operator shall
prominently display close to the public right-of-way providing access
to the property. The logging permit shall remain posted until the
completion of the logging operation.
Nothing in this chapter is intended to supersede, and nothing
does supersede, federal and/or state law relating to clean water,
flowing water, fish hatcheries or the pollution of water resources.
As part of the application, the logging operator shall address and
comply with the requirements of all federal and Commonwealth of Pennsylvania
laws, regulations, and permits. Commonwealth of Pennsylvania requirements
include, but are not limited to, the following:
A.
As regulated by the Allegheny County Conservation District (ACCD)
and the Department of Environmental Protection (PA DEP):
(1)
Erosion and sedimentation control regulations, 25 Pennsylvania Code,
Chapter 102, promulgated pursuant to Clean Streams Law (35 P.S. § 691.1
et seq.);
(2)
Stream crossings and wetland protection regulations issued pursuant
to the Stormwater Management Act (32 P.S. § 680.1 et seq.);
and
(3)
Stormwater management plans and regulations pursuant to the Stormwater
Management Act (32 P.S. § 680.1 et seq.).
B.
As regulated by the Pennsylvania Department of Transportation (DOT),
access and use of public roads maintained by DOT.
A.
The ACCD must approve the E&S plan of the property owner and/or
logging operator who seeks to operate or cause to operate a logging
operation. Proper erosion and sediment control measures as outlined
in the ACCD-approved plan shall be implemented prior to commencement
of the logging operation on the property and throughout the duration
of such logging operation to prevent accelerated runoff and erosion.
The first of the logging operation activities shall be construction
of the haul roads, skid trails, landing areas, and such. The erosion
and sedimentation control measures shall be maintained throughout
the logging operation and until ground cover has been established
after the logging operation is completed.
B.
Logging operations shall be conducted at times of the year when the Borough Engineer or its professional forester determines that the least amount of environmental damage will occur and are subject to being shut down if they occur at other times. The Borough Engineer shall have the authority to order suspension of any logging operation if adverse weather conditions indicate conditions that will cause excessive soil erosion. A logging operation and its principals shall be subject to § 118-13, Violations and penalties, for violation of this requirement.
C.
No logging operation or removal or products shall take place between
the hours of 7:00 p.m. and 8:00 a.m. or anytime on Sundays or legal
holidays.
D.
No clear-cutting is allowed. No more than 40% of the dominant forest
canopy of the parcel or parcels to be logged shall be harvested. The
areas of the required buffers shall count towards the remaining 60%.
E.
A fifty-foot buffer, within which no logging operation shall occur,
shall be required between the boundary of any logging operation and
the boundary of any public road or the boundary of any adjacent property.
F.
Buffers, within which no logging operation shall occur, shall be
required between a logging operation and a body of water as found
in the following chart:
|
Buffer Widths by Slope of Land Between a Logging Operation
And Top of Bank of Flowing/Nonflowing Bodies of Water
| |
|---|---|
|
Slope of land between logging operation and body of water (%)
|
Minimum width of buffer (feet)*
|
|
0-9
|
25
|
|
10-24
|
50
|
|
25
|
100
|
|
*
|
Widths shall be doubled where receiving waters are special protection
waters.
|
G.
No logging operation shall be permitted on slopes greater than 25%.
H.
No logging operation shall be permitted within a floodway or floodplain,
unless recommended by the Borough Engineer for Borough Council approval.
I.
No logging operation shall be permitted on landslide-prone areas.
J.
No tree may be cut which is the largest of its species in the Commonwealth
of Pennsylvania.
K.
No tree of thirty-six-inch or greater diameter measured at chest
height shall be logged.
L.
Trees selected for harvesting shall be marked, such that the mark
is visible on the stump after the tree is removed.
M.
Diameter-limit cutting shall not be permitted.
N.
No on-site retail sale of harvested wood or logs shall be permitted
from the property unless the property is located in a commercial zoning
district that permits such use. Such retail sale operation shall still
be required to meet the ordinance requirements with respect to permits
relating to the sale of goods.
O.
No portable sawmills are permitted.
P.
No tops or slash of the felled trees shall be left on any right-of-way,
drainage ditch leading from a culvert, water bar, intercepting dip
or break in the berm of a road, or in, on or within 50 feet of a property
boundary line, stream, spring seep, dam, lake or public road right-of-way.
Burning slash is not permitted.
Q.
Felling or dragging any debris from the logging operation across
any public road or right-of-way is prohibited without the express
written consent of the Borough or DOT, whichever is responsible for
the maintenance of such public road or right-of-way.
R.
All litter and debris resulting from the logging operation shall
be removed from the site before the logging operator vacates it. Once
the logging operation has been completed, the aggregate base in the
landing area shall be removed or covered with topsoil sufficient to
support regrowth. The landing area shall then be planted to return
to its original vegetative state.
S.
The property owner of the logging operation and/or the logging operator
will be responsible for any damage, cost, or restoration to any affected
adjacent property.
T.
As part of the completion of a logging operation, all disturbed areas
such as the landings areas, skid trails, and haul roads must be seeded
with non-invasive vegetative cover reviewed and approved by the Borough
Engineer, and the site must otherwise be restored pursuant to the
erosion and sedimentation control plans and the stormwater management
plans. Completion of this activity should be performed in conjunction
with the approval of the Borough Engineer.
U.
Access roads shall be closed by a locked gate and kept as such except
during periods needed for access by the logging operator, to prevent
and discourage access for unauthorized uses, i.e., waste dumping,
all-terrain vehicles, etc. When the logging operation has been completed,
the access road shall be permanently blocked and kept as such.
V.
The general requirements of this section may be modified or waived
at the judgment of Borough Council during the application process,
based upon the advice of the Borough Solicitor.
A.
For all logging operations, prior to hauling on any Borough road a bond shall be posted in accordance with § 118-8. The Borough Engineer shall prepare a report prior to hauling to establish the existing road condition and for the purpose of establishing reasonable times and conditions for hauling logs so that damage to the road will be minimized. Conditions may include, without limitation, limiting hauling to dry periods. The Borough shall be notified during normal working hours as to when hauling will begin from a cutting block so that the first truck can be followed to determine if the roadway is being damaged. Damage to Borough roads or other improvements shall be done to the satisfaction of the Borough Engineer. A logging operation shall keep any roadway over which it hauls logs or other logging residue clean and free of mud and debris to the extent that such roadway mud, debris, or similar material is the result of vehicles traveling to and from the logging operation. In the landing area and at the point of access, the logging operator shall construct an aggregate base to support the roadway edge and to keep the roadway in a clean and mud-free condition. No parking of logging vehicles or storage of logs shall be permitted in the road right-of-way. Water from the logging area shall not be discharged onto the road surface.
B.
The property owner or logging operator shall not create a new or
utilize an existing access point on a Borough, county or state road
without first showing proof that access is permitted by the Borough,
county or state.
A.
Performance bond. Prior to the commencement of a logging operation,
the permit applicant shall post a bond, written by a surety company
authorized to do business in the Commonwealth of Pennsylvania, with
the Borough identified as the obligee, in an amount of $2,000 per
acre of disturbance, which bond shall guarantee restoration of the
property logged or of any other property damaged by the logging operation.
Determination of the acres of disturbance will be based on the approved
site and harvest plans. In lieu of a bond, other security acceptable
to the Borough (e.g., cash or irrevocable letter of credit issued
by a bank or savings and loan) may be posted with the Borough.
B.
Roads bond. Prior to hauling on any Borough road, the permit applicant
shall post a separate bond to guarantee restoration of roads damaged
by hauling. The amount of the bond shall be set as follows:
C.
Vehicles over posted weight shall comply with applicable state or
local requirements.
A.
The logging operator shall procure and maintain adequate insurance
coverage at all times of the logging operation with an insurance company
licensed to do business in the Commonwealth of Pennsylvania to protect
it from such risks, loss, damage and liability (including liability
to third parties). In this regard, the logging operator shall procure
and maintain the following minimum insurance coverage:
B.
The logging operator shall file a certificate of insurance and policy
endorsement(s), in a form acceptable to the Borough Solicitor, which
certificate of insurance and policy endorsement(s) shall state 1)
the amount of the insurance coverage; and 2) that the Borough is an
additional insured on the general liability and auto liability insurance
coverage. Prior to the completion of the logging operation, the logging
operator shall provide the Borough with prior written notice of cancellation
of the aforesaid insurance as follows: 1) at least 10 days' prior
written notice of nonpayment of premium and 2) at least 30 days'
prior written notice for any other reason.
A.
To maintain compliance with the approved harvest plan and Borough
Logging Ordinance, on-site inspections shall be performed as deemed
necessary by the Borough Engineer or Borough Forester. As a condition
of the permit, written consent of the property owner and applicant
(if different) will be required on the logging application to allow
entry onto the premises of the logging operation at any time by representatives
of the Borough to inspect the permit.
B.
Whenever the Borough Engineer or Borough Forester finds that work
under any permit fails to conform to the approved plans, specifications,
or timing schedule, the Borough Engineer may, as he deems reasonably
necessary in reliance upon the criteria set forth in this chapter,
by written order, direct suspension of further work until conformance
has been achieved or direct such measures that he deems reasonably
necessary in the circumstances for control of erosion, sedimentation,
adverse environmental impacts, protection of worker safety or protection
of rights of adjacent property owners on the site and for compliance
with this chapter. After conformance with requirements has been reestablished,
the Borough Engineer will provide written notice of approval to resume
operations.
C.
The Borough shall post orders issued pursuant to this section at
the location where the permit is posted pursuant to § 118-4H.
Any person aggrieved by a permit decision or stop-work order
may file a written appeal within 30 days of the date of the decision
or order appealed from. The appeal shall be filed, along with the
applicable fee, to the Borough office. The Borough Council shall hold
a hearing on such appeal and may affirm, reverse, or modify the decision
or order appealed from. The Borough Council may impose, as part of
its decision, any conditions and safeguards necessary in order to
protect the public health, safety and welfare or to protect private
or public property and to promote the objectives of this chapter.
The Borough Council, as part of its decision, may grant relief from
any substantive requirement herein where full compliance with the
requirement, due to unique physical conditions of the land to be logged,
is not reasonably possible and where waiving the requirement will
not result in significant adverse environmental consequences or in
any violation of applicable laws or regulations.
Neither the issuance of permits under the provisions of this
chapter nor the compliance with the provisions hereto or with any
conditions imposed by the Borough Council or its agents hereunder
shall relieve any person from the responsibility for damage to any
persons or property otherwise imposed by law, nor impose any liability
upon the Borough for damages to persons or property. Nothing in this
chapter is to be interpreted as eliminating or reducing the immunities
enjoyed by the Borough or its elected or appointed officials.
Any person, firm or corporation who shall violate any provision
of this chapter or fails to comply therewith or with any of the requirements
thereof, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorneys' fees incurred by
the Borough, and, in default of payment of said fines and costs, to
a term of imprisonment to the extent permitted by law for the punishment
of summary offenses. A separate offense shall arise for each day or
portion thereof in which a violation of this chapter is found to exist
and for each section of this chapter found to have been violated.
The Borough may also commence appropriate actions in equity to prevent,
restrain, correct, enjoin or abate violations of this chapter. All
fines and penalties collected for violations of this chapter shall
be paid to the Borough Treasurer. The initial determination of ordinance
violation is hereby delegated to the Borough Manager, the Police Department,
the Code Official, the authorized designee of the Borough Manager,
and to any other officer or agent that the Borough Manager or the
Borough Council shall deem appropriate.
When provisions of this chapter conflict with other applicable
regulations, codes, or laws, the more stringent of the regulations,
codes, or laws shall apply. The chapter is to be interpreted and applied,
to the extent possible, so that it meets all federal and state constitutional
and statutory requirements. If any section, subsection, sentence,
clause or phrase of this chapter is, for any reason, held to be unconstitutional
or illegal, such decision shall not affect the validity of the remaining
portions of this chapter. The Borough Council hereby declares that
it would have passed this chapter, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional
or illegal.
This chapter becomes effective immediately upon enactment.
