[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art.
III]
In order to preserve forests and the environmental and economic
benefits they provide, it is the policy of the Township to encourage
the owners of forest land to continue to use their land for forestry
purposes, including the long-term production of timber, recreation,
wildlife and other values. The timber harvesting regulations contained
in this part are intended to further this policy by (A) promoting
good forest stewardship; (B) protecting the rights of adjoining property
owners; (C) minimizing the potential for adverse environmental impacts;
and (D) avoiding unreasonable and unnecessary restrictions on the
right to practice forestry.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art.
III]
1.
A zoning permit shall be required for all forestry/timber harvesting
activities, however, an individual property owner need not obtain
a permit to cut a tree or trees as part of normal home maintenance
and upkeep, and the following activities are specifically exempted
from the permit requirement:
A.
Removal of diseased or dead trees, multiflora rose and other invasive
species.
B.
Removal of trees which are in such a condition or physical position
as to constitute a danger to the structures or occupants of properties
or a public right-of-way.
C.
Removal of up to five trees per acre of woodland per year, not to exceed an annual total of 10 trees per lot as defined in this chapter, or any combination of adjoining lots in common ownership which are 12 inches or more in diameter, measured at breast height (dbh). This exemption is in addition to the exemptions in Subsection 1A and B hereof.
D.
Pulp farming.
E.
Christmas tree farming.
F.
Orchard operations.
G.
Tree nursery.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art.
III]
As used in this part, the following terms shall have the meanings
given them in this section:
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. Clear cutting
or selective cutting of forest lands for a land use change are excluded
from this definition.
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 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.
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 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.
Wood debris left in the woods after logging, including lots,
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.
The process of cutting down trees and removing logs from
the forest for the primary purpose of sale or commercial processing
into wood products. Clear cutting or selective cutting of forest lands
for a land use change are excluded from this definition.
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 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 area.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art.
III; and as amended by Ord. 2011-4, 5/3/2011, Art. XLVIII]
1.
Notification of Commencement or Completion. For all forestry and timber harvesting operations that are expected to exceed one acre and not listed in § 27-2702 hereof, the landowner shall notify the Township enforcement officer at least 10 business days before the operation commences and prior to release of financial security posted pursuant to § 27-2707 hereof. 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.
2.
Forest Management Plan. Timber harvesting activities (except those activities exempted under § 27-2702 hereof) shall be conducted pursuant to a forest management plan prepared by a person or entity recognized as qualified by the Pennsylvania Bureau of Forestry, a copy of which shall be provided to the Township with the application for a zoning use permit. The forest management plan shall include those items specified under § 27-2705 hereof. Township shall determine the adequacy of the forest management plan with respect to the requirements of § 27-2705 hereof. No timber harvesting shall occur until the forest management plan has been prepared and filed with the Township. The provisions of the plan shall be followed throughout the operation.
3.
Responsibility for Compliance. The landowner and the operator shall
be jointly and severally responsible for complying with the terms
of the logging plan.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art.
III; and amended by Ord. 2011-4, 5/3/2011, Art. XLVIII]
1.
Plan Preparation. The forest management plan shall be prepared in
accordance with silvicultural prescriptions and best management practices
recognized by the Pennsylvania Bureau of Forestry and/or the DCNR.
It shall incorporate provisions to assure sustainable forestry including
provisions for the regeneration of the native hardwood forest by permitting
specimen trees to remain to reseed the forest area, the removal of
invasive and/or substandard trees and similar practices.
2.
Minimum Requirements for Timber Harvest Operation. As a minimum the
plan for timber harvest operations shall include the following:
A.
Design, construction and maintenance of water control measures and
structures such as culverts, broad-based dips, filter strips and water
bars.
B.
Design, construction and maintenance of stream and wetland crossings.
C.
Copies of all required permits shall be submitted as an appendix
to the plan.
D.
Proof of current general liability and/or worker's compensation insurance.
E.
Proof of PennDOT Highway occupancy permit or Township driveway permit
for temporary access, as applicable.
F.
Copy of Bucks County Conservation District "letter of adequacy" for
the proposed erosion control facilities, including associated plans,
reports and other permits as required.
3.
Map. Each forestry/logging plan shall include a site map containing
the following information:
A.
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.
B.
Significant topographic features related to potential environmental
problems.
C.
Location of all earth disturbance activities such as roads, landings
and water control measures and structures.
D.
Location of the crossings of all water bodies including, but not
limited to, waters of the commonwealth.
E.
The general location of the proposed operation to municipal and state
highways, including any accesses to those highways.
4.
Compliance with State Law. The forestry/logging plan shall address
and comply with the requirements of all applicable state laws and
regulations including, but not limited to, the following:
A.
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.
B.
Stream crossing and wetlands protection regulations contained in
25 Pa. Code, Chapter 105, promulgated pursuant to the Dam Safety and
Encroachments Act, 32 P.S. § 693.1 et seq.
C.
Stormwater management plans and regulations issued pursuant to the
Stormwater Management Act, 32 P.S. § 680.1 et seq.
5.
Compliance with Federal Law/Regulations. The forestry/logging plan
shall address and comply with the requirements of all applicable federal
laws and regulations including, but not limited to, the best management
practices (BMPs) as set forth at 33 CFR 323.4(a)(6)(i-xv).
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art.
III; and amended by Ord. 2011-4, 5/3/2011, Art. XLVIII]
1.
The following requirements shall apply to all forestry/timber harvesting
operations in the Township.
A.
Non-silviculture harvests are prohibited including the following:
(1)
High-Grading. Selectively removing the largest and most valuable
trees thereby diminishing species diversity and leaving smaller or
less valuable trees behind.
(2)
Diameter Limit Cutting. A form of high-grading which harvests
trees above a certain size e.g., 12-14 inches dbh.
(3)
Taking the fastest growth, largest trees and leaving lower quality
trees.
B.
No harvest area shall be located within 10 feet of a property line
or a private road or within 25 feet of the legal right-of-way of a
public road; provided however, that the distance of a harvest area
from a property line (other than the legal right-of-way of a public
road) or from a private road may be reduced to any distance agreed
to by the adjoining property owner or those persons having an interest
in using the private road.
C.
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.
D.
No tops or slash shall be left within 25 feet of any public thoroughfare
or private roadway providing access to adjoining residential property
without the written consent of those property owners having the right
to use the private roadway.
E.
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.
F.
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.
G.
Litter resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator.
H.
Any soil, stones and/or debris carried onto public roadways must
be removed immediately.
I.
No forestry/logging use shall be permitted within areas with slopes
of 26% or greater.
J.
When the harvest is completed, both dirt roads used by the trucks
and skid roads used to drag the logs from the woods to the loading
area must be graded approximately to original contours, seeded with
native grasses and mulched as necessary to establish stable ground
cover.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art.
III; and amended by Ord. 2011-4, 5/3/2011, Art. XLVIII]
Financial security shall be established in a manner acceptable
to the Township to guarantee repair of all damage that may occur to
public streets due to the forestry/logging operations, and to guarantee
compliance with erosion and sedimentation control plans, compliance
with stormwater management plans and restoration of the site upon
completion of logging operations. Pursuant to 67 Pa. Code, Chapter
189, the Township may also require the landowner or operator to furnish
a bond to guarantee the repair of such roads.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art.
III; and amended by Ord. 2011-4, 5/3/2011, Art. XLVIII]
1.
Inspections. The Township Zoning Officer may go upon the site of
any timber harvesting operation before, during or after active logging
to: (A) review the logging plan or any other required documents for
compliance with this chapter; and (B) inspect the operation for compliance
with the logging plan and other on-site requirements of this chapter.
2.
Violation Notices; Suspensions. Upon finding that a forestry or timber
harvesting operation is in violation of any provision of this chapter,
the Township Zoning 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 Zoning
Officer may order the immediate suspension of any operation 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 logging plan; or (C) the operation is causing an 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 Zoning Officer, the operation is brought into compliance
with this chapter, or other applicable statutes or regulations. The
landowner or the operator may appeal an order or decision of the Zoning
Officer in accordance with the provisions of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
3.
Penalties. Any landowner or operator who: (A) violates any provision of this chapter, or who fails to comply with a notice of violation or suspension order issued under Subsection 2 of this section, shall be subject to a fine of not less than $500, nor more than $1,000, plus costs and attorneys fees, in accordance with the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. Each day of continued violation of any provision of this chapter shall constitute a separate offense.
4.
Any operator who knowingly and willfully removes trees not designated
for removal in the approved forest management plan or removes trees
outside of the areas designated for removal by the forest management
plan shall be subject to a civil penalty in the amount of $1,000 per
tree removed in violation of the provisions of the forest management
plan and this chapter.
