Township of Ross, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. No. 2431, 6/17/2019]
1. 
Purpose. The purpose of this Part is:
A. 
To preserve, protect, replace and properly maintain trees within the Township of Ross to aid in the stabilization of soil by the prevention of erosion and sedimentation; reduce stormwater runoff and the costs associated therewith; provide a buffer and screen against noise pollution; provide shade; provide protection against severe weather; aid in the control of drainage and restoration of soil subsequent to construction or grading; conserve and enhance the Township of Ross's physical and aesthetic environment; promote good forest stewardship; avoid unreasonable and unnecessary restrictions on the right to practice forestry; and generally protect and enhance the quality of life and welfare of the residents of the Township of Ross.
B. 
To recognize the important value that woodlands offer to southwestern Pennsylvania, including wildlife, water filtration/regulation, soil retention, wood products, recreation and aesthetics.
C. 
To ensure the right to harvest trees is exercised with due regard for the protection of the physical property of adjacent landowners.
D. 
To ensure the Township's citizens' right to clean air and pure water is protected, and to conserve the natural, scenic, historic and aesthetic values of the environment as guaranteed by Article I, § 27, of the Pennsylvania Constitution.
2. 
Exemptions. The following shall be exempt from this Part:
A. 
Commercial nurseries and fruit orchards.
B. 
Christmas tree farms.
C. 
Trees directed to be removed by municipal, county, state or federal authority pursuant to law.
D. 
Removal of trees that appear to cause structural damage to buildings or foundations.
E. 
Tree maintenance and landscaping on residential and commercial lots.
F. 
Any tree determined to be causing a danger or be in hazardous condition because of a natural event such as tornado, storm, flood or other act of God that endangers the public health, welfare or safety and requires immediate removal.
G. 
Any tree growing on or over a public right-of-way.
H. 
Pruning or removal of trees within the right-of-way by utility companies for maintenance of utility wires or pipelines and the pruning of trees within sight easements.
I. 
Those projects that have received major subdivision or site plan approval prior to the effective date of this Part and amended major subdivision and site plans.
[Ord. No. 2431, 6/17/2019]
1. 
As used in this Part, the following terms shall have the meanings indicated:
CALIPER
The diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches at DBH and 12 inches above ground level for trees over four inches at DBH. Diameter should be measured using a tree caliper, a diameter tape or a Biltmore stick.
CLEAR-CUTTING
Removing all, or a majority of, trees from the area logged.
COMPLETE APPLICATION
Submittal of all forms, information and plans as required for the review and/or issuance of a timber harvesting permit.
CUTTING BLOCK
An area of property to be logged, approximately 10 to 15 acres in size, depicting the phase number, defined by natural boundaries and determined by a professional forester.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree is measured at a height of 4.5 feet above the ground, on the uphill side of the stem, using a tree caliper, a diameter tape or a Biltmore stick.
DIAMETER LIMIT CUTTING
The practice of cutting all and only all trees above a certain diameter within the area logged.
DRIPLINE
The outside edge of the area located directly beneath the canopy of a plant upon which rain is intercepted before it falls to the ground.
FELLING
The act of cutting a standing tree so that it falls to the ground.
FORESTRY OPERATOR
An individual, partnership, company, firm, association or corporation engaged in timber harvesting, including the agents, subcontractors and employees thereof.
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 exit from the site.
INCOMPLETE APPLICATION
The submittal of an application determined by the Township Zoning Officer to not contain all the required information for the review and/or issuance of a timber harvesting permit.
LANDING
The place where logs, pulpwood or firewood are assembled for transportation to a processing facility.
LANDOWNER
The legal or beneficial owner or owners of land.
LANDSCAPING
The design, location, planting and removal of vegetation on a lot by a landowner for the purposes of achieving a desirable appearance.
LITTER
Discarded items not naturally occurring on the site.
PERSONAL USE
A good, product or resource used for personal consumption and not in a trade or business.
PRECOMMERCIAL STAND IMPROVEMENT
A forest practice such as thinning or pruning that results in better growth, structure, species composition or health for the residual stand but that does not yield a net income to the landowner.
PROFESSIONAL FORESTER
A person who has earned a four-year college degree in forest management, is registered with the Pennsylvania Bureau of Forestry and can demonstrate expertise in environmentally sound forest management/timber harvesting practices.
SKID ROAD
An improved road that is used by forestry equipment to transport felled trees to the landing site and can be used by other vehicles.
SKID TRAIL
A path traveled by ground skidding equipment while moving trees or logs to a landing.
SKIDDING
The dragging of trees on the ground from the stump to the landing by any means.
SLASH
All debris resulting from timber harvesting 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 timber harvesting operation.
STAND
Any area of forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
STUMP
The base part of a tree that remains standing after the tree has been felled.
THINNING
The systematic removal of selected trees to improve the health and growth of the residual stand.
TIMBER HARVESTING
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, any properly approved clearing for development of building sites or clearing for 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 timber harvesting and in a timber harvesting operation. A timber harvesting operation shall include the acts of tree harvesting, site cleanup and site restoration.
TIMBER HARVESTING OPERATION
The process of cutting down trees or removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
TIMBER HARVESTING PLAN
A plan prepared by a surveyor and so certified providing all the information as required.
TOWNSHIP
The Township of Ross, Allegheny County, Pennsylvania.
TOWNSHIP CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Township, the designee of the Township Manager, and/or the designee of the Township Board of Commissioners charged with enforcement of the Township's codes and ordinances.
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed by the Board of Commissioners to serve as the engineer for the Township.
TOWNSHIP FORESTER
A professional forester retained by the Township Board of Commissioners.
TOWNSHIP OFFICIAL
Any Township elected official, Manager, Director of Community Development, Zoning Officer/Administrator, Building Code Official, Fire Marshal, or Code Enforcement Officer.
TOWNSHIP ZONING ADMINISTRATOR/OFFICER
The authorized official of the municipality as designated by the Board of Commissioners to administer the provisions of the Township Subdivision and Land Development and Zoning Ordinances and the Code of Ordinances. For purposes of the Township, the Zoning Administrator/Officer shall be considered the Planning Director as defined in the PA Municipalities Planning Code.[1]
TREE
Any self-supporting woody plant, not less than a two-inch caliper.
TREE MAINTENANCE
An operation performed on a tree for the removal of any branches, alive, diseased, or dead, to prevent or suppress diseases or to balance or shape the tree for any reason.
TREE PROTECTION ZONE
An area that is radial to the trunk of a tree in which no construction activity shall occur. The zone shall be at least five feet beyond the dripline of the tree. Where there is a group of trees or woodlands, the zone shall be the aggregate of the protection zones of the trees.
TREETOP
The upper portion of a felled tree that is not merchantable because of small size, taper or defect.
VEGETATION
Trees, shrubs, ground cover and other plants that stabilize the soil.
[1]
Editor's Note: See 53 P.S. § 10208.
[Ord. No. 2431, 6/17/2019]
1. 
When a property owner wishes to conduct, or permit to be conducted, a timber harvesting operation on his or her property, or fell more than 30 trees that measure eight inches or more in DBH on a single parcel, such owner shall obtain a timber harvesting permit from the Township of Ross.
2. 
A timber harvesting permit shall not apply to:
A. 
Work performed on clearing subdivision roads and rights-of-way approved by the Township of Ross.
B. 
Work performed in accordance with a land development plan approved by the Township of Ross.
C. 
The cutting of trees for the personal use of the landowner or for precommercial timber stand improvement on lots less than one acre in size where timber harvested for the foregoing purposes will not leave the site.
D. 
Where fewer than 30 trees that measure eight inches or more in DBH are to be felled on a single parcel within any three-year period.
3. 
Ross Township reserves the right to deny reoccurring timber harvesting when the same is found to inhibit the purpose of this Part. See § 14-101.
4. 
The Township of Ross shall be notified in writing before any timber harvesting operation begins and terminates. The Township of Ross shall be notified five business days prior to starting the timber harvest and five business days prior to terminating the operation.
5. 
The Allegheny County Conservation District (ACCD) must approve the erosion and sedimentation control plan of the property owner and/or forestry operator for the timber harvesting operation prior to the issuance of the timber harvesting permit.
6. 
All required and approved erosion and sedimentation control measures, as outlined and approved by the ACCD, shall be implemented prior to the commencement of any timber harvesting operation on the property and throughout the duration of the permitted operation. The erosion and sedimentation control measures shall be maintained throughout the timber harvesting operation and until seeding has germinated.
7. 
The first timber harvesting activities shall be construction of the roadways, trails, landings and such.
8. 
Hauling or skidding or placing fills or other obstructions in perennial or intermittent streams is prohibited except as approved by a professional forester. Nothing in this Part, including the exception stated in the immediately preceding sentence, is intended to supersede federal and/or state law relating to clean water, flowing water, fish hatcheries or the pollution of water resources.
9. 
Diameter-limit cutting shall not be permitted.
10. 
Clear-cutting shall not be permitted unless approved by the Township Engineer or Township Forester, based upon a determination that: clear-cutting will assist in forest regeneration; clear-cutting will not cause excessive erosion and sedimentation; and clear-cutting will not be done within 50 feet of any public road right-of-way or any abutting property.
11. 
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. (See Chapter 27 of the Township of Ross Code of Ordinances, Zoning.)
12. 
No portable sawmills are permitted.
13. 
No tops or slash of the felled trees shall be left on any right-of-way or drainage ditch leading from a culvert, water bar, intercepting dip or break in the berm of road or in, on or within 25 feet of a boundary line, stream, spring seep, dam, lake or public road right-of-way unless otherwise authorized in writing by a professional forester who shall not, in any use, have the power to authorize violations of federal or state law, including regulations passed to implement the law.
14. 
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township, County of Allegheny or the Pennsylvania Department of Transportation, whichever is responsible for the maintenance of the thoroughfare.
15. 
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner. All tops and slash between 25 and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the surface of the ground. Tops of trees may be left in retired skid trails to discourage unauthorized entry if desired by the owner.
16. 
Littering resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator and prior to the release of any associated bond monies.
17. 
When a timber harvesting operation has been completed, all disturbed areas, such as the landings, roads and critical areas, must be seeded with annual grasses as determined by the Township Forester upon completion of the timber harvesting operations.
18. 
Access roads shall be permanently blocked. The Township shall choose the appropriate post-harvest security. When the timber harvesting operation on a parcel has been completed, the access road shall be permanently blocked and kept as such.
[Ord. No. 2431, 6/17/2019]
1. 
An application for a timber harvesting permit shall be made in writing to the Township Zoning Officer on forms supplied by the Township. Such application shall be accompanied by all the required information in accordance with the provisions herein; a copy of the ACCD's approval and comments; a copy of the timber harvesting plan; performance security as required by § 14-106; road financial security as required by § 14-106, Subsection 1B; insurance certificates complying with § 14-108 hereof; and, if applicable, proof of a written timber sales contract between the property owner and timber harvesting company/forestry operator.
2. 
Within 30 days of submission of a complete application to the Township of Ross, a timber harvesting permit shall be approved, denied or approved subject to reasonable conditions and the applicant so notified in writing.
3. 
Incomplete applications will be returned to applicant and the applicant so notified in writing of all deficiencies.
4. 
The approved timber harvest plan shall be available at the harvest site at all times during the operation and shall be provided to the Township Engineer or Township Official upon request.
5. 
The timber harvesting plan submitted to the Township of Ross for review and approval shall include a plan or plans indicating the following information:
A. 
Purpose of the proposed operation.
B. 
Name, address and telephone number of the forestry operator.
C. 
Total land area involved in the proposed timber harvesting operation.
D. 
Total number of trees selected for harvesting.
E. 
Erosion and sedimentation plan as approved by the Allegheny Conservation District.
F. 
Reforestation narrative outlining the revegetation of the land area, skid trails and harvest areas.
G. 
A chart indicating the quantity of trees and the species of trees selected for harvesting.
H. 
Site location and boundaries of both the entirety of the property upon which the timber harvesting operation shall occur and the specific area proposed for timber harvesting.
I. 
The general location of the proposed operation in relation to municipal and state roads and any proposed accesses to those roads.
J. 
Existing watercourses, floodplains and wetlands.
K. 
The required fifty-foot buffer along any harvesting area, landing area, public road, watercourse or wetland as specified in § 14-109.
L. 
Topography of the property, including all slopes of 25% or greater.
M. 
Earth disturbance locations, including skid trails and landing areas.
N. 
Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.
O. 
Design, construction and maintenance of water control measures and structures.
P. 
Design, construction and maintenance of proposed stream and wetland crossings.
6. 
Before any permitted timber harvesting operation begins, all trees that are at least eight inches DBH to be felled in connection therewith shall be clearly marked on the trunk and the stump so that the same may be easily identified both before and after a tree has been felled. No tree or stand of trees shall be felled that has not been designated for removal on the approved timber harvesting plan.
7. 
Any permits required by any other agency under any applicable regulation shall be the responsibility of the landowner or timber harvesting operator as applicable. Copies of all required permits shall be submitted to the Township of Ross at least 20 days prior to commencement of the timber harvesting operation.
8. 
A timber harvesting permit shall be valid for a period of three years. A one-time, six-month extension shall be granted when requested in a statement from the professional forester hired by the property owner.
9. 
If timber harvesting is conducted without or in violation of a Township timber harvesting permit, the landowner and the timber harvesting operator shall each be in violation of this Part, and each shall be fully subject to all applicable fines and penalties.
[Ord. No. 2431, 6/17/2019]
1. 
For all timber harvesting operations, prior to hauling on any Township road, financial security shall be posted in accordance with § 14-106 hereof.
2. 
The Township Department of Public Works 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. Such conditions may include, without limitation, limiting hauling to dry periods. The Township 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.
3. 
A timber harvesting operation shall keep any roadway over which it hauls logs or other timber harvesting 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 timber harvesting operation.
4. 
At the point of access, the logger shall construct an aggregate entrance area to support the roadway edge.
5. 
No parking of timber harvesting vehicles or storage of logs shall be permitted in the road right-of-way.
6. 
Water from the timber harvesting area shall not be discharged onto the roadway surface.
7. 
No cutting or loading shall take place between the hours of 5:00 p.m. and 7:00 a.m., Monday through Saturday, and all day Sunday and federally designated legal holidays.
[Ord. No. 2431, 6/17/2019]
1. 
All financial security required by this Part shall comply with the requirements of the Township of Ross Code of Ordinances.
A. 
Performance Security. Prior to the commencement of a timber harvesting operation, the applicant shall post financial security guaranteeing restoration of the property logged or of any other property damaged by the timber harvesting operations per the following:
(1) 
This financial security shall be in an amount acceptable to the Township Board of Commissioners or its designee, and said amount all be based upon the actual area of soil disturbance as delineated in the timber harvest plan.
(2) 
The Township shall be given three business days' advance notice, in writing, by the contractor, owner or any other party conducting a timber harvesting operation, for the purpose of permitting the Township to inspect the site and approve/disapprove timber harvesting work proposed to begin on a cutting block which has not previously been the subject of timber harvesting under the approved timber harvest plan. Such initial notice may not be given on a weekend or official Township holiday and must be hand delivered to the Township's offices.
(3) 
The contractor, owner or any other party conducting the timber harvesting operation shall contact the Township within three business days after final operations have been completed.
(4) 
The Township Engineer or his designee shall complete a post-harvest inspection of the subject property.
(5) 
The performance financial security will not be released by the Township until a post-harvest report indicates that land restoration has been completed to the satisfaction of the Township.
B. 
Road Financial Security. Prior to hauling on any Township road, the applicant for the timber harvesting permit shall post separate financial security to guarantee restoration of roads damaged by the hauling.
[Ord. No. 2431, 6/17/2019]
1. 
All applications for timber harvesting permits under this Part shall be accompanied by permit fees in an amount as set from time to time by resolution of the Township Board of Commissioners.
2. 
No application shall be accepted by the Township or acted upon unless the appropriate fees have been paid to the Township.
3. 
The applicant shall be responsible to pay all professional fees incurred by the Township to review and oversee the timber harvesting operation.
4. 
The Township may require the applicant to escrow the funds needed to secure the services of the Township Forester for his review of the application and oversight of the timber harvesting operation.
[Ord. No. 2431, 6/17/2019]
1. 
Prior to commencing timber harvesting operations, the applicant shall procure and maintain adequate insurance in an amount of 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 timber harvesting operations, whether such operations be by itself or by any contractor, agent, subcontractor, or anyone directly or indirectly employed by it or them.
2. 
A certificate of insurance in this amount shall be filed with the Township prior to commencement of timber harvesting operations. The certificate shall state that the Township shall be given written notice at least 60 days prior to cancellation of such insurance.
3. 
The Township shall be named as an additional insured on all policies of insurance described in this section.
4. 
Prior to commencing timber harvesting operations, the applicant shall procure and maintain workers' compensation insurance as required by state law.
[Ord. No. 2431, 6/17/2019]
1. 
A fifty-foot buffer zone, within which no timber harvesting shall occur, shall be required between the boundary of any timber harvesting area and any public street, road, or watercourse or wetland.
2. 
Timber harvesting is prohibited within a floodplain and wetlands.
3. 
Clear-cutting is permitted on slopes of 15% but less than 25% where it is done for the purposes of managing or improving the natural habitat. Clear-cutting is prohibited on areas with slopes of 25% or greater.
4. 
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.
5. 
Felling or skidding on or across any public road or right-of-way is prohibited without the express written consent of the Township of Ross or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of such public road or right-of-way.
6. 
No treetops or slash shall be left:
A. 
Within 50 feet of any public road, street, adjacent property or private roadway providing access to any adjoining property.
B. 
On or across the boundary of any property adjoining the timber harvesting operation without the written consent of the owner thereof.
C. 
In a floodplain or wetland.
7. 
All tree tops, limbs and slash shall be cut to a height of no more than four feet above ground level.
8. 
The stumps of all felled trees shall be permitted to remain for soil stabilization, provided that they extend no more than two feet above grade.
9. 
Littering is prohibited, and litter resulting from a timber harvesting operation shall be removed from the site daily.
10. 
During the periods of abnormal forest fire danger, as determined by the Ross Township Fire Department, the Township of Ross shall have the authority to order a suspension of timber harvesting operations until the danger subsides.
11. 
The Township of Ross shall have the authority to order the suspension of any timber harvesting operation if, in the opinion of the Township of Ross, conditions created by the spring thaw, adverse weather or any other cause makes soil erosion likely.
12. 
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 timber harvesting plan approved by the Township of Ross.
13. 
A timber harvesting operation shall not include any on-site processing of harvested trees or manufacturing except as defined in a timber harvesting plan approved by the Township.
14. 
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 the Township of Ross 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 shall be required to furnish a bond to guarantee the repair of such potential damages, as determined by the Township with advice from the Township Engineer.
[Ord. No. 2431, 6/17/2019]
1. 
The Township, by its own personnel or outside agent, may enter upon the site of any proposed timber harvesting operation after an application to conduct such operation has been filed for the purpose of reviewing the plans for the proposed operation and thereafter recommending or opposing the proposed operation or recommending or requiring changes or modifications thereto.
2. 
After a permit for a timber harvesting operation has been issued, the Township of Ross shall have the right by its own personnel or agent to enter upon the site before, during and after the timber harvesting operation to ensure and require compliance with both the plans for said operation as finally approved and all of the terms and provisions of this Part.
3. 
The applicant shall reimburse the Township for any inspection costs. Said fees, costs and escrow accounts shall be established, and amended from time to time, by resolution of Township Council.
[Ord. No. 2431, 6/17/2019]
1. 
Upon finding that a timber harvesting operation or construction-related tree cutting is in violation of any provision of this Part, the Township of Ross shall issue the logging operator and/or the landowner a written stop-work order and notice of violation in accordance with the provisions of this Part regarding enforcement notices, describing each violation and specifying a date by which corrective action must be taken.
2. 
The Township of Ross 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 Part 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.
3. 
Suspension orders shall be in writing and shall be issued to the forestry operator and/or the landowner and shall remain in effect until the timber harvesting operation is brought into compliance with this Part or other applicable statutes or regulations.
[Ord. No. 2431, 6/17/2019]
1. 
This Part shall be enforced in conjunction with and in addition to applicable zoning and land use ordinances. In the event of a conflict, the provisions of the applicable zoning and land use ordinance shall prevail.
2. 
If any application is submitted in accordance with the Township's zoning and land use ordinances within three years of the date of approval of a timber harvesting permit under this Part, then the application under the applicable zoning and land use ordinances shall be reviewed as if the property was in the same condition as it were immediately prior to the approval of the timber harvesting permit. This requirement is intended to prevent the use of a timber harvesting permit to circumvent the respective requirements governing the placement and removal of trees in accordance with an application under the Township's zoning and land use ordinances.
[Ord. No. 2431, 6/17/2019]
1. 
Any person who violates any provision of this Part, or fails to comply therewith, or with any of the requirements thereof, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, including reasonable attorney's fees, to a term of imprisonment not to exceed 30 days.
2. 
Each day that a violation of this Part continues shall constitute a separate offense. In addition to any other remedy available under law, the Township may enforce this Part by an action in equity.
3. 
All fines and penalties collected for violation of this Part shall be paid to the Township.
4. 
The initial determination of violation of this Part and the service of notice of violation are hereby delegated to the Township Manager, the Police Chief, the Building Code Official, the Building Inspector, the Code Enforcement Officer, the Zoning Officer and their designees and to any other officer or agent that the Township Manager or the Board of Commissioners deems appropriate.
[Ord. No. 2431, 6/17/2019]
1. 
Neither the issuance of timber harvesting permits under the provisions of this Part nor the compliance with the provisions hereto or with any conditions imposed by the Board of Commissioners hereunder shall relieve any person from the responsibility for the damage to any persons or property otherwise imposed by law, nor impose any liability upon the Township for damages to persons or property.
2. 
Nothing in this Part is to be interpreted as eliminating or reducing the immunities (statutory or common law/traditional) enjoyed by the Township of its elected or appointed officials.
[Ord. No. 2431, 6/17/2019]
1. 
When provisions of this Part conflict with other applicable regulations, codes or laws, the more stringent regulation or legislation shall apply.
2. 
As in the case with all legislation, this Part is to be interpreted utilizing a rule of reason that will best allow for the attainment of the balance between the public and private this Part seeks to archive. Furthermore, this Part is to be interpreted and applied, to the extent possible, so that it meets all federal and state constitutional requirements and statutory requirements.
3. 
If any aspect of this Part is finally determined to violate constitutional and/or statutory requirements, through the process of appellate litigation, that aspect of this Part shall be deemed excised or reformed to the extent necessary to cause the remainder of this Part to remain legally enforceable.
[Ord. No. 2431, 6/17/2019]
If any sentence, clause, section, or part of this Part is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Part. It is hereby declared as the intent of the Ross Township Council that this Part would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.