[HISTORY: Adopted by the Board of Supervisors of the Township
of Blair 4-8-2008 by Ord. No. 2008-02. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Blair Township
Timbering Ordinance."
In order to conserve forested open space and the environmental and economic benefits they provide, it is the policy of the Township of Blair to encourage the owners of forestland to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, and amenity values. The timber harvesting regulations contained in §§ 367-2 through 367-9 are intended to further this policy by promoting good forest stewardship, protecting the rights of adjoining property owners, minimizing the potential for adverse environmental impacts, and avoiding unreasonable and unnecessary restrictions on the right to practice forestry.
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. Sections 367-2 through 367-9 apply to all timber harvesting within the Township where the value of the trees, logs, or other timber products removed exceeds $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.
As used in this chapter, 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 forest land, whether such
control is based on legal or equitable title, or on 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 many 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 as tires,
oil cans, equipment parts, and other rubbish.
To cut tops and slash into smaller pieces to allow the 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 new 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
banks.
That 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 unmerchantable
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.
Notification of commencement or completion. For all timber harvesting
operations that are expected to exceed $1,000 in value, the landowner
shall notify Blair Township and the Blair County Conservation District
at least seven business days before the operation commences and within
seven business days before the operation is complete. No timber harvesting
shall occur until the notice has been provided. Notification shall
be in writing and shall specify the land on which harvesting will
occur, the expected size of the harvest area and, as applicable, the
anticipated starting or completion date of the operation.
B.
Logging plan. Every landowner on whose land timber harvesting is
to occur shall prepare a written logging plan in the form specified
by this chapter. No timber harvesting shall occur until the plan has
been prepared. The provisions of the plan shall be followed throughout
the operation. The plan shall be available at the harvest site at
all times during the operation and shall be provided to Blair Township
and Blair County Conservation District at the time of commencement
notification.
C.
Responsibility for compliance. The landowner and the operator shall
be jointly and severally responsible for complying with the terms
of the logging plan.
A.
Minimum requirements. As a minimum, the logging plan shall include
the following:
(1)
Design, construction, maintenance, and retirement of the access system,
including haul roads, skid roads, skid trails and landings;
(2)
Design, construction, and maintenance of water control measures and
structures such as culverts, broad-based dips, filter strips, and
water bars;
(3)
Design, construction, and maintenance of stream and wetland crossings;
and
(4)
The general location of the proposed operation in relation to municipal
and state highways, including any accesses to those highways.
B.
Map. Each logging plan shall include a sketch map or drawing containing
the following information:
(1)
Site location and boundaries, including both the boundaries of the
property on which the timber harvest will take place and the boundaries
of the proposed harvest area within that property;
(2)
Significant topographic features related to potential environmental
problems;
(3)
Location of all earth disturbance activities such as roads, landings,
and water control measures and structures;
(4)
Location of all crossings of water of the commonwealth; and
(5)
The general location of the proposed operation to municipal and state
highways, including any accesses to those highways.
C.
Compliance with state law. The logging plan shall address and comply
with the requirements of all applicable state laws and regulations,
including, but not limited to, the following:
(1)
Erosion and sedimentation control regulations contained in 25 Pa.
Code Chapter 102, promulgated pursuant to the Clean Streams Law (35
P.S. § 691.1 et seq.); and
(2)
Stream crossing and wetlands protection regulations contained in
25 Pa. Code Chapter 105, promulgated pursuant to the Dam Safety and
Encroachment Act (32 P.S. § 693.1 et seq.).
D.
Relationships of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pa. Code Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified in Subsections A and B of this section, provided that all information required by these subsections is included or attached.
The following requirements shall apply to all timber harvesting
operations in the Township of Blair:
A.
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the Township of the Pennsylvania
Department of Transportation, whichever is responsible for maintenance
of the thoroughfare.
B.
No tops or slash shall be left within 25 feet of any public thoroughfare
or private roadway providing access to adjoining residential property.
C.
All tops and slash between 25 feet 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.
D.
No tops or slash shall be left on or across the boundary of any property
adjoining the operation without the consent of the owner thereof.
E.
Littering resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator.
Pursuant to Chapter 49 of Title 75 of the Pennsylvania Consolidated
Statutes and Chapter 189 of Title 67 of the Pennsylvania Code, 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. Pursuant to 67 Pa. Code Chapter 189, the
landowner may be required to furnish a bond to guarantee the repair
of such damages.
B.
Inspections. The Township enforcement officer may go upon the site of any timber harvesting operation before, during, or after active logging to review the logging plan or any other required documents for compliance with §§ 367-2 through 367-9, and inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.
C.
Violation notices, suspension. Upon finding that a timber harvesting operation is in violation of any provision of §§ 367-2 through 367-9, the Township enforcement officer 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 enforcement office may order the immediate suspension of any operation upon finding that 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 immediate harm to the environment. 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 enforcement office, the operation is brought into compliance with §§ 367-2 through 367-9 or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of an enforcement officer within 30 days of issuance to the governing body of the Township.
D.
Penalties. Any landowner or operator who violates any provision of §§ 367-2 through 367-9, refuses to allow the Township enforcement officer access to a harvest site pursuant to Subsection B of this section or who fails to comply with a notice of violation or suspension order issued under Subsection C of this section shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys’ fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.[1]
