[Ord. 425, 7/6/1988, § 1]
Land surrounding the immediate perimeter of a logging operation
in which no cutting of trees or other vegetation shall occur except
for the isolated cutting of individual trees which are dead, damaged,
sick, infected, or constitute a danger to neighboring properties or
the public generally.
A logging method that removes all trees from a tract of land
or portion thereof.
A person with a degree in forestry from a college or university
accredited by the Society of American Foresters who has experience
in wood lot management.
The act of cutting live trees for cordwood, for timber, for
pulp or for any commercial purpose, excepting therefrom a homeowner
cutting on his own property for his own use, clearing for development
of building sites, or clearing for farming operations.
See "logging."
The Borough of Liberty.
A method of selectively removing trees from a wooded area
either singly or in small groups according to age and size with provisions
being made for natural or artificial vegetation.
All debris resulting from logging operations, including stems,
limbs, and parts thereof.
See "logging."
That part of a felled tree which is left above the part of
tree to be utilized by the logger.
[Ord. 425, 7/6/1988, § 2]
Logging operations within the Borough of Liberty on any parcel
of property over one acre in size shall require a permit. The permit
shall be valid for a maximum of 10 acres at any one time. Logging
permits shall only be valid for a period of four months.
[Ord. 425, 7/6/1988, § 3]
1.
The presence of living trees in our surroundings is important and
desirable from an ecological, environmental, and aesthetic standpoint.
2.
Except as otherwise herein provided, it shall be unlawful for anyone
to cut down any tree in any zoning district of the Borough of Liberty
which is six inches or more in diameter measured at a point 4.5 feet
above ground level.
3.
It shall be lawful to cut down such trees six inches or more in diameter
if the tree is sick, infected, damaged, dead, is in such position
or condition that it constitutes a danger to neighboring property
or to the public street; provided, however, that, except in case of
emergency, no such tree shall be cut down unless and until a permit
to do so has been obtained from the Zoning Officer. In case of emergency,
where time does not allow the prior obtaining of such permit, a permit
shall be applied for within 72 hours of the cutting down of any tree.
4.
It shall be lawful in any calendar year for the owner of any tract of land to cut down on said tract of land up to three trees six inches or more in diameter not of the type referred to in Subsection 3 for any private or commercial purpose upon first obtaining from the Zoning Officer a permit to do so.
5.
When a zoning permit is issued for a building, structure or use,
it shall be lawful to cut down any trees which exists in the space
to be occupied by such building, structure, or use, any space within
15 feet of any such building or structure, and any space to be occupied
by, and all space within 10 feet of all sides of any driveway, parking
area, water system, or sewage disposal system; provided, however,
that no such trees shall be cut down in such manner unless it can
be determined after the cutting that only those trees for which the
permit was issued have been cut down.
6.
Logging shall be permitted as a special exception in all zoning districts
of the Borough of Liberty in accordance with the provisions of this
section and all other provisions of this chapter and the law relating
to the granting of special exceptions.
A.
Logging shall be done only in accordance with a forest management
plan prepared by a forester, a copy of which plan shall be filed with
the Zoning Officer at least 30 days prior to the date of which the
Zoning Hearing Board is to hold its hearing on the application for
a special exception to do such logging. All forest management plans
and the logging operation itself shall comply with the following requirements:
(1)
The logging shall be by the selection method. Clear cutting
is prohibited.
(2)
An erosion and sedimentation control plan designed to prevent
erosion and sedimentation during and after the logging operations
and an approved soils and erosion plan by the Soil Conservation Service
of Allegheny County shall be submitted at the same time the forest
management plan is filed.
(3)
All cutting, removing, skidding and transporting of trees shall
be planned and performed in such manner as to minimize the disturbance
of or damage to other trees and vegetation and the land itself.
(4)
Roads and trails shall be constructed, maintained and abandoned
in such manner so as to prevent soil erosion and permanent damage
to soil and waterways.
(5)
Where possible, stream crossings shall be avoided, but where
deemed necessary, crossing shall be made at a right angle across suitable
culverts or bridges.
(6)
Skidding across live or intermittent streams is prohibited except
over bridges or culverts.
(7)
Buffer zones of 50 feet shall be maintained on the property
on which the logging operation is being conducted along all streets
and abutting properties.
(8)
Buffer zones of 25 feet shall be maintained along any streams
and around any springs.
(9)
Everything practicable shall be done to prevent damage or injury
to young growth and trees not designated for cutting.
(10)
All limbs and stubs shall be removed from felled trees prior
to skidding.
(11)
All trees bent or held down by felled trees shall be released
promptly.
(12)
No trees shall be left lodged in the process of felling.
(13)
Felling or skidding on or across property of other is prohibited
without the express written consent of the owners of such property.
Felling or skidding on or across any public street is prohibited without
the express written consent of the Borough in the case of Borough
streets or the Pennsylvania Department of Transportation in the case
of state highways or Allegheny County in the case of county highways.
(14)
No tops or slash shall be left within 50 feet of any public
street or adjoining property; within 25 feet of any stream or historic
or scenic trail; or within 10 feet of any drainage ditch.
(15)
The stumps of all felled trees shall be permitted to remain
in the soil for stabilization purposes.
(16)
During period of abnormal forest fire danger, as determined
by the Borough Fire Chief, the Borough shall have the right to order
a suspension of logging operations until the danger subsides.
(17)
Upon completion of a logging operation all roads shall be graded
to eliminate any wheel ruts, and access to such roads from any public
street by motor vehicles of any kind shall be effectively blocked.
(18)
Application for a logging permit shall be accompanied by a survey
of the affected property with the area of trees to be cut down shown
thereon.
B.
Before the logging operation begins, all trees which are 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 trees shall be felled which have not been
designated for removal on the forest management plan as finally approved
by the Zoning Hearing Board of the Borough of Liberty.
C.
The holder of a permit to conduct a logging operation shall notify
the Borough at least 48 hours before the cutting of trees is to begin
in connection with the construction of roads or trails.
D.
The holder of the permit to conduct a logging operation shall notify
the Borough at least 48 hours before the cutting of trees for removal
from the site is to begin.
E.
The holder of a permit to conduct a logging operation shall notify
the Borough as least 48 hours in advance of the expected suspension
of the logging operation for more than five successive working days
for reasons other than weather conditions.
F.
The holder of a permit to conduct a logging operation shall notify
the Borough at least 48 hours in advance of the expected completion
date of the logging operation, and shall notify the Borough immediately
upon said operation's completion.
G.
The Borough may, by its own personnel or outside persons hired for
the purpose, go upon the site of any proposed logging 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.
H.
No property shall be clear cut.
I.
Logging shall not be undertaken on any ground with a slope exceeding
25% or in landslide prone areas or Flood Prone Areas.
J.
All trees shall be removed in sections not to exceed 24 feet in length.
K.
When a logging operation has been completed, the property shall be
replanted with trees of a similar nature measuring a minimum of two
feet in height to replace the trees which were cut down.
L.
All logging debris, including small tree tops and branches, shall
either be hauled from the site or properly mulched on the site and
spread and the property shall be completely restored to a pre-logging
condition.
M.
Any roads or grading to facilitate roads inherent with the logging
operation shall be completely regraded and reseeded to restore the
property to a pre-logging condition.
N.
Proper erosion and sedimentation control measures shall be taken
on disturbed property to prevent accelerated water run-off.
O.
No tree may be cut which is the largest of its species in the Commonwealth
of Pennsylvania.
P.
The fees for a logging permit shall be determined by the Council
of the Borough of Liberty.
[Ord. 425, 7/6/1988, § 4]
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 Borough of Liberty as obligee in the amount of $1,000 per
acre to guarantee restoration of the property. In lieu of the bond,
other security acceptable to the Borough of Liberty (e.g., cash or
irrevocable letter of credit issued by a commercial bank or savings
and loan association) may be posted with the Borough of Liberty.
[Ord. 425, 7/6/1988, § 5; as amended by A.O.]
1.
If it appears to the Borough that a violation of this chapter has
occurred, the Borough shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
2.
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel and to any other person requested in writing by the owner of
record.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom
the Borough intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a period of 10 days.
F.
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
[Ord. 425, 7/6/1988; as added by A.O.]
In case any building, structure, landscaping or land is, or
is proposed to be, erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter, the Borough Council
or, with the approval of the Borough Council, an officer of the Borough,
or any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation,
in addition to other remedies, may institute any appropriate action
or proceeding to prevent, restrain, correct or abate such building,
structure, landscaping or land, or to prevent, in or about such premises,
any act, conduct, business or use constituting a violation. When any
such action is instituted by a landowner or tenant, notice of that
action shall be served upon the Borough at least 30 days prior to
the time the action is begun by serving a copy of the complaint on
the Borough Council. No such action may be maintained until such notice
has been given.
[Ord. 425, 7/6/1988; as added by A.O.]
1.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Borough as a result thereof. No judgment shall commence or be imposed,
levied or payable until the date of the determination of a violation
by the magisterial district judge. If the defendant neither pays nor
timely appeals the judgment, the Borough may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
the magisterial district judge determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating this chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the magisterial district
judge and thereafter each day that a violation continues shall constitute
a separate violation.
2.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
3.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
4.
Magisterial District judges shall have initial jurisdiction over
proceedings brought under this section.
[Ord. 425, 7/6/1988, § 6]
In addition to the penalties prescribed in § 27-1505 above for violation of this chapter, the Borough of Liberty shall be entitled to commence or pursue any civil action at law or equity to compel compliance with the terms and conditions of this chapter, and any remedies so pursued shall not be deemed mutually exclusive.
