The purpose of this article is to provide for technical standards
that will enable the Township to better provide the balance the Township
has traditionally attempted to achieve between protecting the Township's
natural resources and reasonable land use. This improvement will be
achieved by establishing updated permit criteria, amending plan requirements
and clarifying bonding regulations.
As used in this article, the following terms shall have the
meanings indicated:
CLEARCUTTING
Removing all or a majority of trees from the area logged.
CUTTING BLOCK
An area of property to be logged, defined by natural features
and/or property boundaries, and determined by a professional forester.
Each cutting block shall be identified by a number assigned by the
professional forester hired by a landowner to conduct a sale.
HAUL ROAD
A constructed road of dirt and/or gravel utilized for moving
cut trees from the point where they are loaded on a truck to the exit
from the site.
LOGGING
The act of cutting/harvesting live or dead trees for cordwood,
for timber, for pulp or for any commercial 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. 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. A logging
operation shall include the acts of tree harvesting, site cleanup
and site restoration.
PROFESSIONAL FORESTER
A person who has earned a four-year college degree in forest
management and can demonstrate expertise in environmentally sound
forest management/timber harvesting practices.
SKIDDING
The dragging of trees on the ground from the stump to the
landing by any means.
SKID ROAD
An earthen road on which cut logs are dragged, "skid," from
the woods to a landing area, usually with a rubber-tired machine called
a "skidder."
SLASH
All organic debris resulting from logging operations, including
stems, limbs and parts thereof. "Tops" shall be the word used to 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.
The application fee shall be determined from time to time by
the Board of Supervisors by resolution or motion. Pending further
action by the Board of Supervisors, the application fee shall be $300,
plus the amount of any costs to the Township under this article, including
but not limited to any fees related to the appointment and services
of the Township Engineer and Township Solicitor.
The harvesting operator shall, at all times throughout the timbering
operation, maintain insurance, with insurance companies licensed to
do business in Pennsylvania, against such risks, loss, damage and
liability (including liability to third parties) and for such amounts
as are customarily insured against by other enterprises of like size
and type, including, without limitation:
A. Liability insurance in the minimum amount of $500,000.
B. Workers' compensation insurance as required by state law.
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, in the Township Manager's office. The Board of Supervisors
shall hold a Local Agency Law hearing on such appeal and may affirm,
reverse or modify the decision or order appealed from. The Board of
Supervisors 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 article. The Board of Supervisors, as part
of its decision, may adjudicate constitutional law issues and 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
article nor the compliance with the provisions hereto or with any
conditions imposed by the Board of Supervisors 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 Township
for damages to persons or property. Nothing in this article is to
be interpreted as eliminating or reducing the immunities (statutory
or common law/traditional) enjoyed by the Township or its elected
or appointed officials.
Any person who violates or fails to comply with any of the provisions
of this article shall, upon being found liable therefor in a civil
enforcement action, be subject to a civil fine of not more than $1,000
for each and every violation, along with all court costs, plus the
Township's reasonable attorneys' fees incurred in connection with
the violation. Each day that the violation continues shall be a separate
violation. In addition thereto, the Township may institute injunctive,
mandamus or any other appropriate action or proceedings at law or
equity for the enforcement of this article or to correct violations
of this article, and any court of competent jurisdiction shall have
the right to issue restraining orders, temporary or permanent injunctions
or mandamus or other appropriate forms of remedy or relief.
When provisions of this article conflict with other applicable
regulations, codes or laws, the more-stringent regulation or legislation
shall apply. As is the case with all legislation, this article is
to be interpreted utilizing a rule of reason that will best allow
for the attainment of the balance between the public and private the
article seeks to achieve. Furthermore, the article is to be interpreted
and applied, to the extent possible, so that it meets all federal
and state constitutional requirements and statutory requirements.
If any aspect of the article is finally determined to violate constitutional
and/or statutory requirements, through the process of appellate litigation,
that aspect of the article shall be deemed excised or reformed to
the extent necessary to cause the remainder of the article to remain
legally enforceable.