§ 175-15Establishment of districts.
§ 175-16Zoning Map.
§ 175-17District boundaries.
§ 175-18Boundary tolerance.
§ 175-19Charts.
§ 175-20Special yard requirements.
§ 175-21Accessory structures, building and uses.
§ 175-22Steep slope limitations.
§ 175-23Nonresidential development setback.
§ 175-24Utility service.
§ 175-25Lighting.
§ 175-26Landscaping.
§ 175-27Traffic control and regulation.
§ 175-28Control of stormwater runoff from existing development.
§ 175-29Timber harvesting practices.
For the purpose of this chapter, the Township of Daugherty is hereby divided into zoning districts as shown on the Official Zoning District Map included as part of this chapter. Six specific land use classifications and zoning districts are:
The boundaries of zoning districts shall be as shown on the Zoning Map and made a part of this chapter, which Zoning Map shall be known as the "Official Zoning Map of the Township of Daugherty." Said Zoning Map and all notations, references and data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of this chapter as if all were fully described herein.
The Official Zoning Map of the Township of Daugherty shall be identified by the signature of the Chairman of the Board and attested by the Township Secretary/Manager and bear the seal of the Township.
The Township Secretary/Manager shall be custodian of said map and shall have the Township Engineer enter changes to district boundaries or other matter shown on the map when, and only when, such changes have been properly adopted by the Board of Supervisors according to law. Such changes, including rezoning, subdivision of land and taking over of roads, shall be identified on said map with an entry stating the number of the authorizing ordinance, the date of said ordinance, the date when such change is actually entered upon the map and a brief description of the change. Said entry shall be attested by the Board Chairman and the Township Manager. No amendment to this chapter which involves matter portrayed on the Zoning Map shall become official until after such change and entry have been made on said map. If the zoning of any property as indicated on the Official Map is found not to conform with the zoning stated in the ordinance that last rezoned the property, the zoning stated in the ordinance controls, and the Official Map shall be promptly revised to conform.
Regardless of the existence of purported copies of the Official Zoning Map which may be made or published, the Official Zoning Map of the Township of Daugherty, which shall be located in the Township Building, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the Township.
In the event that the Official Zoning Map of the Township of Daugherty becomes damaged, destroyed, lost or difficult to interpret because of the nature of number of changes and additions, the Board of Supervisors may by resolution adopt a new Official Zoning Map of the Township of Daugherty which shall supersede the prior Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Zoning Map, but no such change shall have the effect of amending the original Zoning Map retroactively. Unless the prior Zoning Map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
The district boundaries on the Official Zoning Map are intended to follow property lines; center lines of roads, watercourses or railroads; other identifiable physical features; or measured distances from property lines, center lines, or identifiable physical features. When the Zoning Officer cannot determine the location of a zoning district boundary by reference to the Official Zoning Map, the Zoning Officer shall refuse action; and the Zoning Hearing Board shall interpret the location of the district boundary with reference to the scale of the Map, the Comprehensive Plan and the purposes set forth in all relevant provisions of this chapter.
Where a district boundary line divides a lot held in single and separate ownership at the effective date of this chapter, the Zoning Officer may permit the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.
Chart A: Lot, Yard and Height Requirements, Residential. For every building hereafter erected and used in whole or in part as a dwelling, the shown minimum requirements shall apply.
Special height regulations. Height regulations shall not apply to spires, belfries, cupolas or domes not used for human occupancy, nor to chimneys, ventilators, skylights, silos, and ornamental or necessary mechanical appurtenances.
Chart B: Area, Yard and Height Requirements, Nonresidential. For every building hereafter erected and used in whole or in part as a commercial or industrial structure, the shown requirements shall apply.
Chart C: Use. Explanation of use categories:
Four classifications of zoning uses are established by this article, which vary in their impact upon the Township and in the procedures by which the uses are authorized.
Uses permitted by right are those authorized uses for which a zoning approval will be issued by the Zoning Officer upon the Zoning Officer's review of the application for development if the application for development indicates compliance with this chapter.
Conditional uses are those authorized uses which are permitted by approval of the Board of Supervisors in accordance with this chapter and specifically Article IV.
Uses not specifically listed. Uses which are not specifically listed in Chart C or Articles IV, V or VI of this chapter shall not be permitted in the Township. Uses which are not specifically listed but are similar to a specifically listed use shall be permitted by conditional use in the same zoning district in which a similar specifically listed use is permitted, and the Board of Supervisors shall make findings with regard to the similarity of the uses in accordance with Article IV.
Corner lots. Lots which abut on more than one street shall provide a required front yard depth along each street.
Clear-sight triangle. On a corner lot, no structure, fence, wall, hedge or other planting shall be erected, placed, planted or allowed to grow in such a way as to impede vision of pedestrian and vehicular traffic within clear-sight triangles on all corners between a height of 30 inches and seven feet above the center-line grades of intersecting streets. This shall apply to the clear-sight triangle area formed by the intersecting center lines of the street measured along each center line forming two sides of the triangle. The third side closes the triangle as it traverses the corner lot. There is no parking permitted within the sight triangle.
Permitted projections. The projection of any overhanging eaves, gutters or cornices which utilize the building for support, but not being enclosed or part of the living area of the building, may extend into the required yard not more than two feet in any case. Facilities installed to provide access to the physically challenged may extend into any required yard. The following encroachments are permitted in the required yard areas:
Light fixtures.
Sidewalks or walkways on grade.
Fences, not exceeding eight feet in height, as long as the top two feet are decorative and opaque in nature.
Retaining walls.
Flagpoles for display of official government flags of the United States or any of its subdivisions.
Vegetation, including trees and landscaping materials.
Decorative lawn ornaments not to exceed 48 inches.
Wishing wells.
Arbors and trellises.
Ponds.
Bird baths.
Handrails along sidewalk or walkway steps.
Driveways and parking spaces for single-family detached buildings, according to regulations outlined in Article VII.
Awnings in the front yard area only, to a maximum of five feet.
Bus shelters and telephone booths.
Patios, decks and unenclosed porches are permitted to project into required front yards no more than six feet.
Steps above grade and open fire escapes are permitted to project into required yards no more than five feet.
No open space contiguous to any building shall be enclosed upon or reduced in any manner except in conformity to the yard, lot area, building location, off-street parking space and such other regulations designated throughout this chapter. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter.
Accessory structures. Accessory structure or building setbacks shall be 10 feet from any property line, provided that no accessory structure or building is permitted within any required front yard. This provision does not apply to any private garage or to any accessory building in excess of 1,000 square foot, such structures must comply with the full yard requirements for principal structures.
Outdoor storage and display. Outside storage or product display shall not occupy any part of the street right-of-way and no other area intended or designed for pedestrian use or required parking areas. Outside storage areas shall be shielded from view from public streets.
Swimming pools. All pools over 24 inches in depth that are intended and are to be used solely for the enjoyment of the occupants of the principal use of the property on which the pool is located shall comply with the following:
A pool shall not be located, including any walks or paved areas or accessory structures, closer than 10 feet to any property line, nor shall it be nearer to any street line upon which the residence abuts than the existing setback line of the residence. In no case shall it be any closer than 20 feet from any street line.
All pools hereafter constructed, installed, established or maintained, shall be enclosed by a permanent fence of durable material at least four feet but not more than six feet in height, and shall be constructed so as not to have openings, mesh or gaps larger than four square inches in any direction. All gates used in conjunction with the fence shall meet the same specifications as to the fence itself and shall be equipped with approved self-closing, self-latching devices.
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that only diffused or reflected light enters adjoining properties.
Fences and walls.
The maximum permitted height of an open fence (one with at least eighty-percent voids) or a solid fence (one with less than eighty-percent voids) or wall is eight feet. An open fence around a tennis court may be 10 feet in height. A fence not exceeding 10 feet in height may be erected in any required yard for schools, playgrounds or parks or in any required side or rear yard in commercial or industrial districts.
The only fences permitted in front yards in residential districts are ornamental, limited to four feet in height. Fences of the chain-link type, generally used for enclosure or containment, are not permitted in front yards. An "ornamental fence" is defined as one used to beautify or to enrich or improve the appearance of a property and/or a structure. Permitted are ornamental iron or aluminum fences (with safe picket tops), ornamental open wooden or wood picket fences or brick and stone walls or fences or walls combining these materials. Openings shall have equally spaced open and closed sections of the same dimension. No opening shall be less than three inches.
Exceptions:
Where two farms share a common parcel boundary, the fence may be erected on the property line.
Where a farm shares a property boundary with a state or Township right-of-way, the fence may be erected one foot off of the right-of-way line. Damages resulting from winter road maintenance shall be the responsibility of the property owner and not the Township or the commonwealth.
The maximum percentage of lot area or site area of a development which may be disturbed, graded and stripped of vegetation during development and construction of the public and private improvements, with the exception of incidental grading for structure construction, is as follows:
Residential subdivision or planned residential development.
If the slope category is slope of 15% to 24.9%: 30% of the lot area or site area.
If the slope category is greater than twenty-five-percent slope: 15% of the lot area or site area.
This restriction shall not apply if disturbance is for nonresidential developments in planned residential developments or single-family lot areas, but the restrictions shall apply to general development site areas for residential uses, i.e., streets, stormwater retention areas, utilities, etc.
All development of nonresidential zoning districts that are contiguous, abutting, or adjacent to any residential zoned property shall maintain a twenty-five-foot nondisturbance development setback from the lot line abutting any residential zoning district. The twenty-five-foot development setback area shall not be cleared of vegetation or graded, except that vegetation may be disturbed to the extent the Board of Supervisors determines that additional landscaping within the nondisturbance setback will enhance the buffer area.
Nothing in this chapter shall preclude the construction, operation and maintenance of public utility distribution and transmission or collection systems. Such systems may include poles, wires, underground pipes, transformers, conduits, appurtenances for the transmission and/or distribution of the commodity or service pertaining to the public utility.
All electrical, telephone, cable television and other communications system service laterals on a lot or site shall be installed underground from the distribution line to a structure unless the distribution line is above ground or the area is subject to the provisions of the Floodplain Overlay District.
All utility equipment shall be located in compliance with the required yard setbacks for the district in which it is located.
Throughout the entire Township, all lighting or illumination by any means, whether by electric or otherwise, whether the same is indoors or outdoors, is to be located and directed and of such an intensity so as not to create a hazardous condition or damage to the person or property of others or interfere with or restrict the lawful use and enjoyment by others of property in the Township. Any illumination or lighting which is of such intensity or so directed or so located as to cause a hazardous condition or danger to the person or property of others or interfere with and restricts the lawful use and enjoyment of property in the Township by others is hereby declared to be a public nuisance.
There shall be no direct or sky-reflected glare, whether from floodlights or from high-temperature processes (for example, combustion or welding), so as to be visible from within any residential district. When required, any luminary shall be equipped with a glare-shielding device approved by the Township Engineer. The height of any luminary must also be approved by the Township Engineer.
All illuminations or lighting hereafter constructed, installed, changed or remodeled shall be cutoff lighting, so that the candlepower does not exceed 2 1/2% of the total lamp lumens at an angle of 90° above horizontal and candlepower does not exceed 10% of the total lamp lumens at an angle of 80% above horizontal. These requirements apply to any lateral angle around the light. Lighting for the purpose of highlighting a structure or landscape feature shall be exempt from this requirement, provided that the source of such light shall not be visible from the property lines or public right-of-way.
The light intensity at any lot line shall not exceed 1/2 to two footcandles. Where light is reflected in a street area, the intensity measurement shall be made on the right-of-way line across the street from where the light emanates and shall not exceed 1/2 to two footcandles at such point of measurement.
All uses shall comply with the following minimum landscaping provisions in addition to the other landscape provisions that may be required by this chapter:
Applicability of landscape requirements. These provisions shall be applicable to every use, excluding freestanding single-family houses, to which a zoning compliance or a building permit for any new structure or enlargement of any existing structure is hereafter required or for which approval is sought.
Disturbed areas. All disturbed areas of developed property shall be suitably landscaped with trees, shrubs, ground cover or grass to prevent dust, erosion or mud conditions.
Landscaping around site perimeter. A minimum ten-foot-wide perimeter landscaping strip shall be provided around the perimeter of the site, with one deciduous tree having a caliper of not less than 2 1/2 inches or two evergreen trees having a height of not less than six feet and three shrubs per 35 lineal feet of perimeter. Where mature existing vegetation occurs along the perimeter and no development is proposed within 50 feet of the lot line, a fifteen-foot-wide preservation strip may be substituted, as approved by the Board of Supervisors.
Interior parking lot landscaping. The following landscaping requirements shall be met in all parking lots that accommodate 15 or more parking spaces:
A planting island of at least 180 square feet in pervious surface area shall be provided for each 15 parking spaces.
The planting islands shall be placed at intervals of no more than 200 lineal feet on center.
A minimum of one deciduous tree having a caliper of not less than 2 1/2 inches shall be planted per island. The deciduous trees shall have a clear trunk at least six feet above the finished grade to allow vehicular circulation and visibility beneath the canopy. Tree species shall be selected to be tolerant of normal parking lot conditions.
The planting island shall be a minimum of nine feet in width.
A minimum of 10% of the parking lot surface area is required to be pervious within the interior of the parking lot.
Screening of loading areas, outside storage areas and other service areas. Screening and landscaping shall prevent direct views of loading areas, storage areas outside an enclosed building, service areas, and associated service driveways from adjacent properties or from the public or private right-of-way when viewed from ground level. Screening shall consist of opaque ornamental fencing or walls which are architecturally compatible with the principal building on the lot or evergreen planting.
Planting screen specifications. All planting screens shall consist of plants at least 30 inches high when planted and maintained in a healthy condition and so pruned as to provide maximum opacity from the ground to a height of five feet at maturity. The proposed plantings can be expected to thrive and provide screening that will create no nuisance or hazard.
All required landscaping shall be maintained. Dead and dying trees/shrubs shall be replaced no later than the subsequent planting season.
The Board of Supervisors, in the case of conditional uses, and the Zoning Hearing Board, in the case of special exceptions, shall not approve a use in areas where a professional traffic engineering study indicates that a proposed use or structure will burden existing traffic so as to enhance the danger and congestion in travel and transportation and increase the number of accidents unless the property owner or applicant agrees to provide such traffic improvements as determined by the study.
All property owners, when installing or improving driveways, parking areas, adding structural additions or making other improvements, shall control stormwater runoff to prevent indiscriminate flow of water onto adjacent developed properties. Discharge of water shall be into natural drainage channels (on or off site) or into the municipal storm system when they are the natural area of discharge, as determined and approved by the Township Engineer, for stormwater and when normal erosion control measures are followed.
Purpose. In expansion of the general purposes contained in § 174-3 of this chapter, it is hereby declared to be the primary purpose of this section to establish reasonable standards to regulate timber harvesting operations within the Township. Specific objectives are as follows:
Preserve environmental and economic benefits associated with proper forest management.
Promote proper forest stewardship.
Protect the rights of adjoining property owners.
Minimize the potential for adverse environmental impacts associated with any timber harvesting operation.
Avoid unreasonable and unnecessary restrictions on the right of property owners to harvest timber, which activity is a permitted use in all zoning districts.
Permit required.
When a property owner wishes to conduct or permit to be conducted a timber harvesting operation on his property, such owner shall obtain a timber harvesting permit from the Township.
A timber harvesting permit shall not be required, and this section shall not apply to the following:
Work performed on clearing subdivision roads and rights-of-way approved by the Township.
Work performed in accordance with a land development plan approved by the Township Board of Supervisors.
Individual lots affected by the timber harvesting operation of less than two acres in size, provided that the entire timber harvesting operation does not exceed a total of two acres.
Performance security. Prior to the commencement of a logging operation, the applicant shall post financial security guaranteeing restoration of the property logged or of any other property damaged by the logging operations. This financial security shall be made either by certified check or by surety bond, and said amount shall be based upon the actual area of soil disturbance as delineated in the timber harvest plan. The bond amount shall be calculated using the total costs of soil, seed and mulching and derived from the average sum of the current rates published by Engineering News Record (ENR) and the Guide to Construction Cost. This average rate shall be multiplied by each acre of actual soil disturbance. The Township shall be given three business days' advance notice, in writing, by the contractor, owner or any other party conducting a logging operation, for the purpose of permitting the Township to inspect the site and to document pre-timber harvesting conditions. Such initial notice may not be given on a weekend or official Township holiday and must be hand delivered to the Township's offices. The contractor, owner or any other party conducting the logging operation shall contact the Township within three business days after final operations have been completed. The Township shall complete a post-harvest inspection of the subject property. The performance financial security will not be released by the Township until a written post-harvest report is submitted by the consulting or state forester, indicating what measures were taken to restore the property according to erosion and sedimentation control regulations contained in Chapter 102,
Prior to commencing logging operations, the applicant shall procure and maintain adequate insurance in an amount of at least $1,000,000 to protect it from claims for damages because of bodily injury, including death, and from claims of damages to property which may arise both out of and during logging operations, whether such operations be by itself or by any contractor, agent subcontractor, or anyone directly or indirectly employed by it or them. A certificate of insurance in this amount shall be filed with the Township prior to commencement of logging operations, which certificate shall state that the Township shall be given written notice at least 60 days prior to cancellation of such insurance. The Township shall be named as an additional insured on all policies of insurance described in this paragraph. Prior to commencing logging operations, the applicant shall procure and maintain worker's compensation insurance as required by state law.
A timber harvesting application shall be filed with the Township and shall contain the following:
A narrative containing the following information:
Purpose of the proposed operation.
Total land area involved in the proposed timber harvesting operation.
Total number of trees selected for harvesting.
Reforestation narrative outlining the revegetation of the landing area, skid trails and harvest area.
A chart indicating the quantity of trees, the ranges and species of the trees selected for harvesting.
Provide a copy of approved stormwater management plans in compliance with regulations issued pursuant to the Pennsylvania Stormwater Management Act.
Provide a copy of approved stream-crossing and wetlands protection permits in compliance with regulations contained in Chapter 105,
A statement confirming that each tree to be removed has been designated by the consulting or state forester with paint or other distinctive means at two points so as to be readily visible by the logger. One point shall be low enough on the tree so as to be visible on the stump after the tree is removed.
A legibly drawn site plan containing the following information and drawn to the following specifications:
Be drawn to a scale not to exceed one inch equals 100 feet.
Be drawn on a sheet size not to exceed 24 inches by 36 inches.
Be prepared in accordance with standard architectural and engineering practices.
Be sealed by engineers and/or surveyors of record.
The names and addresses of the landowner and adjacent property owners.
Contain a vicinity map, which shows the properties proposed for timber harvesting as shown on a current Township map. The vicinity map shall identify all adjacent properties and the name of property owners surrounding the proposed timber harvesting operation.
The boundary of the site to be timber harvested as indicated by a heavy line with length of course in feet.
The location and names of streets and roads adjacent to the proposed timber harvesting operation.
Utility rights-of-way and/or easements.
Existing watercourses, floodplains, woodlands and wetlands.
The required one-hundred-foot perimeter buffer measured from the outside walls of existing residential or commercial buildings on an adjacent property.
Topography of the property, including all slopes of 25% or greater and slide-prone soil areas.
Earth disturbance locations, including skid trails and landing areas.
Any timber harvesting operation shall meet the following requirements:
Trees selected for harvesting shall be marked at two distinctive locations thereon. The higher of the two marks shall be provided around the entire circumference of the tree. The lower mark must be visible on the stump after the tree is removed.
A one-hundred-foot perimeter buffer zone, within no timber harvesting shall occur, shall be required measured from the outside walls of all existing residential and/or commercial buildings located on all adjacent property.
Clear cut timber harvesting and the construction of skid trails is prohibited on areas with slopes greater than 25% unless a soils plan is prepared and sealed by a soils engineer registered to practice in the Commonwealth of Pennsylvania and said plan is submitted by the applicant as an integral part of the permit application. Selection cut timber harvesting shall not be restricted.
No timber harvesting operation or removal of products shall take place between sunset and sunrise or any time on Sundays or federally designated legal holidays.
Trees falling on adjacent properties as a result of a timber harvesting operation shall be returned immediately to the landowner's property, who shall be responsible for any damage, cost or restoration to the affected adjacent property.
Falling or skidding on or across any public road or right-of-way is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of such public road or right-of-way.
Waste material shall be removed to a point out of sight of any public road or adjacent property. No tops or slash shall be left within 25 feet of any public road, street, adjacent property, or private roadway providing access to adjoining residential property.
No tops or slash shall be left on or across the boundary of any property adjoining the timber harvesting operation without the written consent of the owner thereof.
No tops or slash shall be left in a floodway or floodplain.
The maximum term of any permit issued pursuant to this section shall be for 12 months. However, because the timber harvesting operation may be adversely affected or delayed by unusual circumstances of weather or other occurrences, one additional six-month extension, after payment of a renewal fee equal to the initial permit fee, may be granted by the Township.
Upon completion of the harvesting operation, the consulting or state forester shall submit a written report to the Township, indicating what measures were taken to restore the property according to erosion and sedimentation control regulations contained in Chapter 102, issued pursuant to the Pennsylvania Clean Streams Law; Stream-crossing and wetlands protection regulations contained in Chapter 105, issued pursuant to the Pennsylvania Dam Safety and Encroachment Act; and the stormwater management plans and regulations issued pursuant to the Pennsylvania Stormwater Management Act.
Upon completion of the timber harvesting operation, all disturbed areas, including, but not limited to, the landing areas and skid trails shall be revegetated pursuant to the erosion and sedimentation control plans and the stormwater management plans as approved by the Commonwealth of Pennsylvania's Department of Environmental Protection and/or the Beaver County Conservation District.
A timber harvesting operation shall not include any on-site processing of harvested trees or manufacturing. No portable sawmills are permitted.
No on-site retail sale of harvested wood or logs shall be permitted from the property unless the property is in a commercial zoning district which permits such use or the sale of the harvested wood is part of a timber stand improvement and is actively managed by a forest management plan in a zoning district which permits agriculture as a use by right.
Access roads shall remain permanently blocked. The landowner shall choose the appropriate post-harvest security. When the logging operation on a parcel has been completed, all access roads shall be permanently blocked and kept as such by a solid barrier including but not limited to a pile of dirt or aggregate, a lockable gate, concrete blocks, Jersey barrier, or fence.
Road maintenance.
The Township shall have the authority to suspend the hauling and removal of timber should the Township determine that conditions created by the spring thaw, adverse weather, or any other condition will cause or make likely damage to a Township-maintained road.
The repair of roads, bridges and culverts damaged as a result of a timber harvesting operation shall be repaired in like and kind to their pre-timber harvesting condition.
The permittee, logging operator, or a designated representative shall not create a new access or use an existing access onto a state-maintained road without first showing proof that the access is permitted by the Commonwealth of Pennsylvania's Department of Transportation.
The permittee, logging operator, or a designated representative shall not create a new access or use an existing access onto a Township-maintained road without first obtaining permission from the Township for using said access.
Any disturbance along a Township-maintained street or road to create a new or improve upon an existing access shall be reconstructed back to its original condition as it was prior to the commencement of the timber harvesting operation.
Waivers and enforcement.
The Township shall have the right to waive any requirements of this section.
The Township Manager or his/her designee shall be the enforcement officer for this section.
The Township Manager or his/her designee may enter the site of any timber harvesting operation throughout the term of the permit to review the timber harvesting plan or any other required documents for compliance with this section and to inspect the operation for compliance with the timber harvesting plan and other on-site requirements of this section. Prior to entering the property, advance notice shall be given to the property owner to enable the owner to be personally present or be represented by an agent at the time of such entry.
Violations and penalties.
Upon finding that a timber harvesting operation is in violation of any provision of this section, the Township shall issue the logging operator and the landowner a written notice of violation in accordance with the provisions of this chapter regarding enforcement notices, describing each violation and specifying a date by which corrective action must be taken.
The Township may order the immediate suspension of any timber harvesting operation and may institute any appropriate action to prevent, restrain, correct, or abate the violation of this section upon finding that: a) corrective action has not been taken by the date specified in a notice of violation; b) the operation is proceeding without a timber harvesting plan; or c) the operation is causing an immediate environmental risk.
Suspension orders shall be in writing; shall be issued to the logging operator and the landowner; and shall remain in effect until the timber harvesting operation is brought into compliance with this section or other applicable statutes or regulations.
