[Ord. 307, 5/19/1993, § 1]
The terms "logging" and "timber harvesting" are used interchangeably
herein, and 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 Township grading,
landfill, excavation, subdivision or land development regulations.
[Ord. 307, 5/19/1993, § 2]
1.
The Board of Supervisors finds, based on prior experience within
the Township that:
A.
Much of the land within the Township is forested and hilly.
B.
Uncontrolled stormwater runoff has contributed to flooding problems
in many Township 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 Township and result in the reduction of property values
in the Township.
G.
Long-term production of timber can increase property values, provide
continued employment in logging within the Township, and help to control
stormwater runoff and erosion.
[Ord. 307, 5/19/1993, § 3]
1.
Logging operations within the Township on any parcel of property
over one acre in size shall require a permit.
2.
On parcels of 25 acres or more, a permit shall be issued for a maximum
of 25 acres at one time, and may be extended to permit logging operations
on a contiguous area of up to 25 acres upon finding by the Administrator
that all requirements of the Part have been met, including payment
of permit extension fees and charges as fixed by resolution.
3.
The logging contractor must notify the Administrator in writing at least one month in advance that he or she will be completing timber harvesting on any 25 acre parcel, and desires a permit extension to continue harvesting additional acreage. Timely notice will expedite the review process and assure that timber harvesting continues without delay and proper security is provided pursuant to § 25-106 of this Part.
4.
On parcels of 25 acres or less, a permit shall be granted for the
entire parcel.
5.
All permits or permit extensions issued under this section shall
be valid for a period of four months.
6.
The requirement of a permit is imposed pursuant to authority in the
Second Class Township Code at 53 P.S. §§ 65708, 65712,
65726, 65729, 65732, 65747, and 65762.
[Ord. 307, 5/19/1993, § 4; as amended by A.O.]
1.
An application for a logging permit shall be filed with the Township
Timber Harvesting Administrator (hereinafter referred to as the "Administrator")
at least 30 days prior to the commencement of logging.
2.
The application shall be on a form prescribed by the Township and
shall include at least the following information:
A.
The name and address of all property owners.
B.
The name and address of the logging operator.
C.
The proposed starting and completion dates for the logging operation.
D.
The description of the type of trees to be harvested.
E.
A description of the method of logging.
F.
A description of all stormwater management and erosion control measures
to be taken and the location of any stormwater or erosion control
devices or facilities.
G.
A survey of the parcel or parcels of property upon which the logging
will be conducted, which shows:
3.
The application must be signed by an owner of the property and shall
contain the following representation: "The undersigned has read and
understands the Township Logging Ordinance and assures the Township
that the proposed logging operation will comply in every respect with
the Ordinance."
4.
The Township Logging Administrator shall forward the application
to the Township Engineer for review. In reviewing the application,
the Township Engineer shall consider the impact of the proposed logging
operation upon stormwater runoff, erosion, watercourses, roads and
drains. In particular, the Township Engineer shall consider the extent
to which the application addresses and complies with the applicable
standards:
A.
For erosion and sedimentation control and stream crossing regulations
under 25 Pa. Code, Chapter 102, "Erosion Control Rules and Regulations,"
issued pursuant to the Clean Streams Law, 35 P.S. § 691.1
et seq., and 25 Pa. Code, Chapter 105, "Dam and Waterway Rules and
Regulations," issued pursuant to the Dam Safety and Encroachments
Act, 32 P.S. § 693.1 et seq.
5.
The Township Engineer shall make a recommendation in writing to the
Township Logging Administrator approving or disapproving the logging
plan and stating the reasons therefore.
6.
Within 20 days after filing of the application, the Township Logging
Administrator shall issue or deny a permit. Denial shall be in writing
with reasons for denial stated therein. Approval may be subject to
reasonable conditions stated in writing upon the permit and intended
to achieve the goals of the Part. The applicant shall be informed
in writing of the reasons for such conditions.
7.
Requests for a variance from the rules and regulations of this Part
shall be considered by the Administrator in accordance with the following
procedures:
A.
A variance may be granted from the requirements of this Part if the
following criteria are met:
(1)
There is good and sufficient cause based on physical circumstances,
conditions, or topography unique to the property.
(2)
Failure to grant the variance would result in unnecessary hardship
to the applicant.
(3)
Any variance granted shall be the minimum variance necessary
to relieve the hardship claimed as a basis for the variance.
B.
No application for a variance requested under this Part shall be
granted that would cause a public or private nuisance or result in
violation of the Erosion and Sedimentation Rules and Regulations set
forth at 25 Pa. Code, Chapter 102; the Pennsylvania Clean Streams
Law, 35 P.S. § 691.1 et seq.; the Dam Safety and Encroachments
Act, 32 P.S. § 6931 et seq.; the Stormwater Management Act,
32 P.S. § 680.1 et seq.; or any other applicable Township
ordinance or state or federal law.
C.
The Administrator shall forward all applications for variances to the Township Engineer who shall review the applications, with a copy to the Board of Supervisors. The Township Engineer, in conducting his review, shall consider the factors referenced at Subsection 4 of this section and may consider the guidelines provided in the Pennsylvania Forestry Association's publication entitled "New Timber Harvesting Guidelines," and the Department of Environmental Protection's publication entitled "Controlling Erosion and Sedimentation from Timber Harvesting Operations," and any other publications setting forth commonly accepted guidelines for the timber harvesting industry. As a result of his or her review, the Township Engineer may request additional information including, but not limited to the following:
D.
The Township Engineer shall, within 20 days after he receives an
application for a variance, and any additional information, make a
written recommendation with respect thereto to the Administrator,
stating the reasons for his recommendation. The Administrator shall
consider the Township Engineer's recommendation and any comment(s)
received from the Board of Supervisors, and shall grant or deny the
variance.
E.
The grant of a variance may be subject to reasonable conditions and
safeguards necessary in order to protect the public health, safety,
and welfare, to protect public and private property and to achieve
the objectives of this Part.
F.
Whenever a decision on a variance is made, the Administrator shall
notify the applicant and the Board of Supervisors in writing of such
decision.
G.
Application for a variance shall stop the twenty-day time limit for permit decisions under Subsection 6 of this section from running until such time as the variance request is finally disposed of.
H.
Any person aggrieved by a permit or variance decision may file an
appeal within 30 days to the Board of Supervisors, who shall hold
a hearing thereon pursuant to the local agency and may affirm, modify
or reverse the decision appealed from.
[Ord. 307, 5/19/1993, § 5; as amended by A.O.]
1.
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:
C.
No timber harvesting shall take place in areas determined by the
Township 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 tree 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 of the parcel under permit. The removal
of trees with a diameter of 12 inches or less must be specifically
approved by the Administrator based upon a finding that such removal
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
no 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
unless the property is located in a commercial zone.
K.
No tree may be cut which is the largest of its species in the state.
L.
All soil or debris washed 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 than 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.
[Ord. 307, 5/19/1993, § 6]
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 Township as obligee in the amount of $500 per acre to guarantee
restoration of the property logged or of other property damaged by
the logging operation. In lieu of the bond, other securities acceptable
to the Township, 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.
[Ord. 307, 5/19/1993, § 7]
1.
Payment of a nonrefundable fee for processing of a logging application
shall accompany the application. The fee shall be as fixed by resolution
of the Board of Supervisors.
2.
When a permit is issued, the applicant shall also reimburse the Township
for reasonable fees charged by the Township Engineer for reviewing
the application. Such fees shall be in accord with a written schedule
of fees submitted by the Township Engineer to the Township.
[Ord. 307, 5/19/1993, § 8; as amended by A.O.]
1.
Township officers may enter upon the land in question before, during
or after a logging operation in order to determine whether a logging
application or operation complies with this Part.
2.
If any logging is done in violation of this Part, the Township may
do any or all of the following:
A.
Bring action in court at law or in equity to prevent, restrain, correct,
determine or abate such violation.
B.
Revoke or suspend any logging license that has been granted, such
action to be appealable to the Board of Supervisors within 30 days
of notice of revocation.
C.
Bring action before the magisterial district judge to impose penalties
for violation.
[Ord. 307, 5/19/1993, § 9; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
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, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
