[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:
AREA OF EARTH DISTURBANCE
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.
BOROUGH
Bell Acres Borough, Allegheny County, Pennsylvania.
BOROUGH ENGINEER
A professional engineer licensed in the Commonwealth of Pennsylvania, duly appointed by the Borough Council to serve as the engineer for the Borough.
BOROUGH FORESTER
A professional forester whose services have been engaged by the Borough Council on an as-needed basis.
BUFFERS
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.
CLEAR-CUTTING
Removing all or a majority of the trees from the area logged.
CUTTING BLOCK
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.
DIAMETER LIMIT CUTTING
The practice of cutting all and only all trees above a certain diameter within the area logged.
DOMINANT FOREST CANOPY
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.
EARTH DISTURBANCE
Any area where the vegetation and/or soil is disturbed from its existing natural condition.
HAUL ROAD
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.
LANDING AREA
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.
LANDSLIDE-PRONE AREA
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]
LOGGING
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.
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.
PROFESSIONAL ENGINEER
A person who has obtained a professional engineer's license in the Commonwealth of Pennsylvania.
PROFESSIONAL FORESTER
A person who has earned a four-year college degree in forest management and is registered with the Pennsylvania Bureau of Forestry.
SKID TRAIL/ROAD
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.
SLASH
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.
SPECIAL PROTECTION WATERS
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.
SPECIMEN TREE
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:
(1) 
Improved roadway (bituminous, bituminous seal coat or concrete surface): $12,500 per mile of hauled road.
(2) 
Unimproved roadway (earth, slag, or cinder surface): $7,500 per mile of hauled road.
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:
(1) 
General liability: minimum $1,000,000 each occurrence and $2,000,000 aggregate;
(2) 
Automobile liability: minimum $100,000;
(3) 
Workers' compensation: minimum coverage required by applicable law.
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.