[HISTORY: Adopted by the Township Council of Peters Township
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-26-2012 by Ord. No. 747 (Ch. 25, Part 1, of the
1981 Code of Ordinances)]
A.
Timber harvesting regulations are intended to:
(1)
Preserve environmental and economic benefits associated with proper
forest management; and
(2)
Promote proper forest stewardship; and
(3)
Avoid unreasonable and unnecessary restrictions on the right to practice
forestry; and
(4)
Protect the rights of adjoining property owners; minimize the potential
for adverse environmental impacts associated with any logging or timber
harvesting operation; and
(5)
Avoid unreasonable and unnecessary restrictions on the right of property
owners to log or harvest timber (which activity is a permitted use
in all zoning districts).
B.
To encourage maintenance and management of forested or wooded open
space and promote the conduct of forestry as a sound and economically
viable use of forested land throughout the Township. Forestry activities,
including timber harvesting, shall be a permitted use by right in
all zoning districts.
As used in this article, the following terms shall have the
meanings indicated:
The act of cutting a standing tree so that it falls to the
ground.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A place where logs, pulpwood, or firewood are assembled for
transportation to processing facilities.
An individual, partnership, company, firm, association, or
corporation that is in actual control of forestland, whether such
control is based on legal or equitable title, or any other interest
entitling the holder to sell or otherwise dispose of any or all of
the timber on such land in any manner, and any agents thereof acting
on their behalf, such as forestry consultants, who set up and administer
timber harvesting.
Discarded items not naturally occurring on the site, such
as tires, oil cans, equipment parts, and other rubbish.
The act of cutting live trees for cordwood, for timber, for
pulp or for any purpose, excepting therefrom a homeowner cutting on
his own property for his own use; clearing for development of building
sites with approved final plats, site plans or grading plans; or clearing
for farming operations. A "logger" is defined as the person(s) performing
the work on behalf of the owner.
To cut tops and slash into smaller pieces to allow material
to settle close to the ground.
An individual, partnership, company, firm, association, or
corporation engaged in timber harvesting, including the agents, subcontractors,
and employees thereof.
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition, or health for the
residual stand but which does not yield a net income to the landowner,
usually because any trees cut are of poor quality, too small or otherwise
of limited marketability or value.
Dragging trees on the ground from the stump to the landing
by any means.
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps, and broken or uprooted trees
or shrubs.
Any area of forest vegetation whose site conditions, past
history, and current species composition are sufficiently uniform
to be managed as a unit.
Any natural or artificial channel of conveyance for surface
water with an annual or intermittent flow within a defined bed and
bank.
The part of forestry involving cutting down trees and removing
logs from the forest for the primary purpose of sale or commercial
processing into wood products.
The upper portion of a felled tree that is not merchantable
because of small size, taper, or defect.
Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances, do support a prevalence of vegetation
typically adapted for life in saturated soil conditions including
swamps, marshes, bogs, and similar areas.
A.
Permit, notification, insurance and surety.
(1)
When a property owner wishes to conduct or permit to be conducted
a logging or timber-harvesting operation on his property, such owner
shall obtain a logging permit from Peters Township. The fee schedule
for logging and timber harvesting permits shall be as indicated in
the current Township Fee Schedule.
(2)
Logging operations within Peters Township on any parcel of property
over one acre in size shall require a permit. Logging permits shall
only be valid for a period of six months or as otherwise indicated
on the permit. However, since the logging 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. Any
additional extensions shall require application to the Peters Township
Council.
(3)
A logging and timber harvesting permit shall not be required, and
this section shall not apply to:
(a)
Clearing operations associated with a site plan or land development
plan approved by the Planning Commission or Council.
(b)
Clearing undertaken for the purpose of home construction authorized
by an approved building permit.
(c)
Individual lots affected by a logging operation of less than
one acre in size, provided that the entire logging or timber-harvesting
operations does not exceed a total of one acre.
(4)
Before the issuance of a permit, the applicant shall show proof that
the logging operator has general liability insurance in an amount
no less than $1,000,000, automobile liability insurance in an amount
no less than $500,000, and property damage liability insurance in
an amount no less than $100,000, all in favor of the Township and
the property owner.
(5)
Before the issuance of a permit, the applicant shall show proof that
the logging operator has worker's compensation insurance.
(6)
To insure compliance by the applicant with the requirements set forth
in this article, a cash bond, irrevocable letter of credit, or other
security acceptable to the Township shall be submitted; the amount
of such security shall be no less than $1,000, plus $500 per acre
for all acreage to be logged over two acres. The Township, only after
reviewing the post-logging report filed by the certified forester
engaged to oversee the project, shall release said security upon the
completion of the logging or timber-harvesting operation.
(7)
A copy of all plans and applications for proposed logging to be considered
for approval shall be submitted by the logger to any other appropriate
agencies, i.e., Commonwealth of Pennsylvania, Department of Environment
Protection; Bureau of Forestry; Fish Commission; Washington County
Conservation District, etc., for their review and/or approvals.
(8)
The landowner and the operator shall be jointly and severally responsible
for complying with the terms of the logging plan.
(9)
The Township will notify all property owners within 300 feet of the
property line of the property where the logging activity will take
place.
B.
Permit application requirements. Application for such a logging permit
shall be made in writing to the Planning Director on forms supplied
by the Township. Such application shall be accompanied by the following:
(1)
A written logging plan prepared by a certified forester, hired by
the operator and approved by the Township. The forester shall be skilled
in current silviculture best management practices and authorized to
practice in the State of Pennsylvania. To be authorized to practice,
foresters shall be certified by the Society of American Foresters.
(If future legislation requires that foresters be licensed/registered
with the state, then so shall this article.) No timber harvesting
shall occur until the plan has been prepared and a logging permit
has been issued by the Township. The provisions of the plan shall
be followed throughout the operation. In addition, a copy of the plan
shall be available at the harvest site at all times during the operation
and shall be provided to the Township or Township-delegated officials
upon request.
(a)
As a minimum, the logging plan shall include the following:
[1]
Description of proposed operation, including purpose, start
and completion dates, logging techniques and methods (i.e., clear-cutting,
group selection, single-tree selection, etc.), and measures necessary
to properly restore the property and minimize potential negative impacts,
including aesthetics, erosion, residual stand damage, etc.
[2]
Total land area involved in the proposed logging operation.
[3]
A chart indicating the quantity of trees, the ranges (dbh) and
species of the trees selected for harvesting and a statement confirming
that each tree to be removed has been designated by the consulting
forester, with paint or other distinctive means, at two points so
as to be readily visible by the logger. The higher of the two marks
shall be provided around the entire circumference of the tree. The
lower point shall be low enough on the tree so as to be visible on
the stump after the tree is removed.
[4]
Narrative outlining the revegetation of all disturbed areas,
including but not limited to access roads, landing areas, skid trails,
and harvest areas.
[5]
Proposed stormwater control measures to be utilized, if applicable.
[6]
Proposed stream crossings and wetland protection measures to
be utilized, if applicable.
[7]
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails and landings.
[8]
Design, construction, and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bars.
[9]
Design, construction, and maintenance of stream and wetland
crossings.
(b)
The logging plan shall address and comply with the requirements
of all applicable state regulations, including, but not limited to,
the following:
[1]
Erosion and sedimentation control regulations contained in Title
25 Pennsylvania Code Chapter 102, promulgated pursuant to the Clean
Streams Law (35 P.S. § 691.1 et seq.).
[2]
Stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
[3]
An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code Chapter 102 shall also satisfy the requirements for the logging plan and associated map specified in § 402-3B, provided that all information required by these subsections is included or attached.
[4]
Washington County Conservation District requirements and approvals.
[5]
Any permits required by state laws and regulations shall be
attached to and become part of the logging plan.
(2)
A sketch plan containing the following information:
(a)
A survey stamped by a surveyor of record showing the property
boundary and proposed area to be logged indicated by a heavy line
with length of course in feet.
(b)
Contain a vicinity map, which shows the property(s) proposed
for timber harvesting as shown on a current Township map. The vicinity
map shall identify all adjacent properties and property owners surrounding
the proposed logging operation.
(c)
The location and names of streets and roads adjacent to the
proposed logging operation.
(d)
Utility rights-of-way and/or easements.
(e)
The existing watercourses, floodplains, woodlands, and wetlands.
(f)
Show all existing and proposed contours in two-foot intervals.
(g)
Location of all grading and earth disturbance activities, including,
but not limited to, roads, landings, and water control measures and
structures.
(h)
The plan must show the required twenty-five-foot buffer in all applicable locations. See § 402-3C(3) below.
(i)
Point of access onto public roadway(s) where aggregate entrance
is to be placed.
(j)
Erosion and sedimentation control measures to be as approved
by the Washington County Conservation District.
C.
Logging operation, regulations and practices.
(1)
All property boundaries adjacent to proposed logging operations must
be staked at intervals no greater than 100 feet by a registered surveyor
prior to commencement of logging.
(2)
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.
(3)
A twenty-five-foot buffer area is required next to any adjacent property,
wetland, stream, floodplain, private driveway and/or public road/trail.
No timber harvesting, or operations related to timber harvesting,
may occur within the buffer area. Also, no tops or slash may be stored
or left in the buffer area. The twenty-five-foot buffer requirement
may be waived only in locations where the property owner directly
adjacent to the proposed timber harvesting operations has provided
written consent to do so. The buffer requirement may only be waived
along the portion of said owner's property.
(4)
Logging operations or removal of products shall take place between
the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday. No work
is permitted on Sunday.
(5)
No commercial sale of wood or logs shall be permitted on the property
unless the property is located in a commercial zone.
(6)
Upon completion of the logging or timber harvesting operation, all
disturbed areas, including, but not limited to, the landing area(s),
roads, or grading to facilitate roads, and skid trails shall be revegetated
pursuant to the erosion and sedimentation control plan and pre-logging
plan as approved by the Washington County Conservation District and
Peters Township, respectively.
(7)
Litter resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator.
(8)
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the Township or the Pennsylvania
Department of Transportation, whichever is responsible for maintenance
of the thoroughfare.
(9)
Proper erosion and sedimentation control measures shall be taken
on disturbed property to prevent accelerated water runoff.
(10)
No property shall be clear-cut unless the practice is proven
practical by the certified forester hired by the operator and approved
by the Township. Any and all efforts shall be made to reduce the negative
impacts on surrounding properties if clear-cutting shall occur.
(11)
Trees falling on adjacent properties as a result of logging
or timber harvesting operations shall immediately be returned to the
landowner's property. The operator(s) shall be responsible for
any damage, cost, or restoration to the affected adjacent property.
D.
Road maintenance, protection and bonding.
(1)
Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter
49; and Title 67 Pennsylvania Code, Chapter 189, the landowner and
the operator shall be responsible for repairing any damage to Township
roads caused by traffic associated with the timber harvesting operation
to the extent the damage is in excess of that caused by normal traffic
and may be required to furnish a bond to guarantee the repair of such
damages.
(2)
Prior to hauling on any Township road with an established weight
limit, an excess maintenance agreement shall be executed and a bond
shall be posted in accordance with the Township's road bonding
requirements.
(3)
At the point of access, the logger shall construct an aggregate entrance
area to support the roadway edge and prevent mud from being tracked
onto the road. The roadway shall be kept clean and free of mud and
wood debris. Any disturbance along a Township-maintained roadway to
create a new or improve upon an existing access shall be reconstructed
back into its original condition as it was prior to the commencement
of the logging or timber harvesting operation.
(4)
No parking of logging vehicles or storage of logs shall be permitted
in any public right-of-way.
(5)
Peters Township shall have the authority to suspend any logging or
timber harvesting operation should the Township determine that conditions
of the logging or timber harvesting operation will cause or make likely
damage to a Township-maintained roadway.
(6)
Roads, bridges and culverts damaged as a result of a logging or timber
harvesting operation shall be repaired in accordance with Township
standards and specifications.
(7)
The operator shall not create a new or utilize an existing access
onto a Township or state maintained roadway without first obtaining
permission from the Township or Pennsylvania Department of Transportation
for utilizing said access.
A.
Township-designated staff or consultants may go upon the site of
any timber harvesting operation before, during, or after active logging
to:
B.
Upon finding that a timber harvesting operation is in violation of
any provision of this article, the Township shall issue the operator
and the landowner a written notice of violation describing each violation
and specifying a date by which corrective action must be taken. The
Township may order the immediate suspension of any logging or timber-harvesting
operation and may institute any appropriate action to prevent, restrain,
correct, or abate the violation of this article (as permitted by 53
P.S. § 10617) if corrective action has not been taken by
the date specified in a notice of violation; the operation is proceeding
without a logging plan; or the operation is causing an immediate environmental
risk. Suspension orders shall be in writing, shall be issued to the
operator and the landowner, and shall remain in effect until, as determined
by the Township, the operation is brought into compliance with this
article or other applicable statutes or regulations. The landowner
or the operator may appeal an order or decision of the Township within
30 days of issuance to Township Council.
C.
Any logging operator or landowner who violates any provision of this
section; refuses to allow a Township enforcement officer access to
a harvest site pursuant to this section; or who fails to comply with
a notice of violation or suspension order issued pursuant to this
section shall, upon conviction thereof before a Magisterial District
Judge under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense.[1]
The application filing fee is as set by the Township Council
from time to time.
The Planning Director and Township Engineer shall examine said
application to determine compliance with all applicable codes and
ordinances within 15 days after a complete application with all other
materials required by this article and either approve or reject said
application. If the application is rejected, the Planning Director
shall inform the applicant, in writing, stating the reasons for such
rejection.
When provisions of this code conflict with other applicable
codes, the more stringent code shall apply.
