As used in this chapter, the following terms shall have the
meanings indicated:
LOGGING or TIMBER HARVESTING
Such terms are used interchangeably herein, and are defined
as the act of cutting and removing trees and all activities related
thereto, for cordwood, for lumber, for pulp or for any commercial
purpose, excepting therefrom a homeowner cutting on his own property
for his own use, the cultivation and harvesting of Christmas trees,
or the clearing for development of building sites where such development
is otherwise subject to the City grading, erosion and sedimentation,
stormwater management, subdivision or land development regulations.
The Mayor and Council find, based on prior experience within
the City, that:
A. Much of the land within the City is forested and hilly.
B. Uncontrolled stormwater runoff has contributed to flooding problems
in many City watercourses.
C. Improper logging can result in uncontrolled and dangerous stormwater
runoff and erosion.
D. Improper logging can result in damage to roads, drains and watercourses.
E. Improper logging can result in a fire hazard from logging debris.
F. Improper logging can ruin the natural beauty and environment of land
within the City and result in the reduction of property values in
the City.
G. Long-term production of timber can increase property values, provide
continued employment in logging within the City, and help control
stormwater runoff and erosion.
Both the landowner and logging operator shall be responsible
for compliance with the following operational requirements:
A. No property shall be clear cut.
B. All applications to harvest timber on a slope exceeding 25% shall
conform to the following conditions:
(1) Applications must be accompanied by an approved erosion and sedimentation
plan approved by the Westmoreland County Conservation District and/or
the DEP.
(2) All logging roads/skid trails shall be cut only horizontally across
slopes; and no roads/skid trails may be cut vertically.
C. No timber harvesting shall take place in areas determined by the
City Engineer, with reference to published or commonly accepted guidelines,
to be landslide-prone or flood-prone.
D. No tree with a diameter of 36 inches or more may be harvested without
written approval from the Administrator based upon a finding that
the harvest of such trees will not result in undue soil erosion, loss
or movement. Trees with a diameter of 12 inches or less may be harvested
only if such trees are cull trees or dead trees, and such harvesting
will not result in clear cutting. The diameter of the tree shall be
measured at 4 1/2 feet above ground level.
E. No log in excess of 24 feet in length shall be removed from the property.
F. Upon completing a timber harvesting operation, no replanting will
be required within one year. After one year, the property owner shall
inspect the property for evidence of new seedlings and provide the
inspection results to the Administrator. If such inspection shows
evidence of seedling regeneration, the property owner shall replant
the property with seedlings of similar nature measuring a minimum
of one foot in height, and in numbers determined by the Administrator
to be reasonably adequate to protect the harvested property from undue
soil erosion, loss or movement.
G. Treetops and other logging debris should not exceed seven feet in
height above the ground surface.
H. All roadways/skid trails must be repaired to prevent soil erosion
and sedimentation and to prevent pooling of stormwater.
I. Proper erosion and sedimentation control measures shall be taken
on disturbed property to prevent accelerated water runoff.
J. No commercial sale of wood or logs shall be permitted on the property
located in residential zones.
K. No tree may be cut which is the largest of its species in the state.
L. All soil or debris washed or otherwise deposited onto public streets
during logging shall be cleaned up each day. Where adjacent properties,
public or private, have suffered erosion or accumulation of soil and
debris as a result of logging, such conditions shall be promptly remedied.
M. No timber harvesting operation may take place within 40 feet, measured
horizontally, from an adjacent property line, unless the owner thereof
has provided a written waiver consenting to the operation encroaching
closer that 40 feet. A waiver shall be knowingly made and separate
from a lease or deed unless the lease or deed contains an explicit
waiver from the owner.
N. And damage to public streets of the City will be repaired in accordance with Chapter
256, Streets and Sidewalks, Article
III, Excavations.
Prior to the commencement of a logging operation, the person
who secures the logging permit shall post a bond written by a surety
company authorized to do business in the Commonwealth of Pennsylvania
with the City as obligee in the amount of $500 per acre to guarantee
restoration of the property logged or of other property, including
City streets, damaged by the logging operation. In lieu of the bond,
other securities acceptable to the City, such as cash, escrow arrangement
or irrevocable letter of credit issued by a bank or savings and loan
institution, may be posted. Upon completion of timber harvesting in
any twenty-five-acre parcel, and upon issuance of a permit extension
by the Administrator to proceed to the next twenty-five-acre area,
the bond or other security posted shall be acceptable security for
the continuing timber harvesting operation.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation continues shall constitute a separate
offense.