This chapter shall be known as the "Timber Harvesting Ordinance."
The Board of Supervisors enacts and ordains the herein chapter
by the authority granted it as specified by P.L. 486, Section 1, as
amended; P.L. 73, Section 1; re-enacted and amended P.L. 288, No.
88, Section 1, immediately effective; P.L. 94, No. 40, Section 1;
as amended P.L. 202, No. 53, Section 2(a)[1133]; as amended P.L. 105,
No. 20, Section 1, P.L. 1329, No. 170, Section 2, et seq.
It is the intent of this chapter to regulate timber harvesting practices and to allow for and encourage proper forest management within Raccoon Township. This chapter is not intended to prescribe specific cutting practices; or to prevent or hinder any landowner from realizing financial return from the sale of trees; or to prevent or hinder tree harvesting or forest industry operators from pursuing their business within this jurisdiction. It is not the intent of this chapter to regulate timber harvest for home use, noncommercial timber stand improvement work, or for a land use change. The sale of dead trees, standing or on the ground, for cordwood by the property owner does not constitute a commercial sale and is not regulated by this chapter. The property owner must comply with the regulations referred to under §
168-9B of this chapter, regardless if a logging permit is necessary, in regards to earth disturbance or stream crossings.
The following words are defined as they are used in this chapter:
BASAL AREA
The area in square feet per acre occupied by tree stems at
4.5 feet above the ground, normally measured by a calibrated prism
or angle gauge.
CLEAR CUT
A harvesting and regeneration technique that removes all
trees, regardless of size, on an area in one operation.
FOREST TECHNICIAN
A person who has a two-year degree in forestry from a two-year
school of forestry associated with or accredited by the Society of
American Foresters.
INTERMITTENT STREAM
A stream whose water flow normally occurs in the wetter parts
of the year (October through April) or following major stream events.
LAND USE CHANGE
Conversion of forestland to uses such as residential, commercial,
industrial, etc., where forest management practices relative to timber
production and harvesting are no longer practical.
LANDING
A place where logs are assembled for transportation in loads.
LITTER
Discarded items not naturally occurring on the site (i.e.,
tires, oil cans, etc.).
LOGGING PLAN
A written description with a map of a specific logging operation
prepared before the operation commences.
LOPPING
To cut tops and slash into smaller pieces to allow material
to settle close to the ground.
NONCOMMERCIAL TIMBER STAND IMPROVEMENT
A practice in which the quality of the residual forest stand
is improved by removing the less desirable trees, vines, and occasionally
large shrubs to obtain the preferred stocking of the best quality
trees. It can also include such practices as tree pruning. A noncommercial
timber stand improvement is involved with the removal of the above-mentioned
trees, etc., but does not yield a net income, usually because the
trees cut are too small, poor quality, or not marketable.
OPERATOR
The individual, partnership, company, firm, association,
or corporation engaged in the harvest of timber including his/her
agents, or subcontractors, or employees.
OWNER
The individual, partnership, company, firm, association,
or corporation engaged in the harvest of timber including his/her
agents, or subcontractors, or employees.
PERMIT
Written permission, warrant, or license granted by a governmental
authority.
PROFESSIONAL FORESTER
A person who has a 13.S or higher degree in forestry from
a four-year school of forestry associated with or accredited by the
Society of American Foresters.
SKIDDING
Dragging trees on the ground, by any means, from the stump
to the landing.
SLASH
Woody material left after logging, including logs, chunks,
bark, branches, stumps, and broken understory trees or brush.
STAND PRESCRIPTION
The type of forest management treatment, if any, to be applied
to a particular stand to achieve the stated management objectives.
The stand prescription should include, but not be limited to, detailed
instructions on how that treatment is to be carried out on the ground,
the desired residual stand, and details on any other treatments to
be applied.
STAND REGENERATION TREATMENT
A selection, shelterwood, seed tree, or clear-cut that is
designated to replace the existing stand with a new stand of young
trees.
STREAM
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
TOPS
The upper portion of a felled tree not merchantable because
of small size, taper, or defect.
TREE HARVESTING (also timber harvesting/logging)
The terms "tree harvesting," "timber harvesting" and "logging"
are used interchangeable 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 landowner cutting on his own property for his own use, the cultivation
and harvesting of Christmas trees, operation of a nursery, or the
clearing for development of building sites where such development
is otherwise subject to the Township grading, landfill, excavation,
subdivision and land development regulations.
TROUT STREAM
Any cold-water stream which supports a trout fishery that
is managed, stocked, or regulated by the Pennsylvania Fish Commission.
The provisions and requirements of this chapter shall apply
to all tree harvesting operations within the Township.
It shall be the responsibility of each landowner on whose land
tree harvesting is to be carried out to develop or have developed
the logging plan and submit notification as required in this chapter.
It shall be the joint responsibility of the landowner and the operator
to see that they carry out the provisions of the logging plan.
Application for a timber harvesting permit shall be on a form
prescribed by the Township and must be signed by the landowner and
by the logging operator. The completed application must be submitted
at least 15 days prior to the Supervisors regular monthly meeting
with the following items attached:
A. Logging plan meeting all requirements under §
168-9.
C. PennDOT or Township driveway permit for all access roads if applicable.
D. All adjacent property owners must be notified of the intent to log.
Submit a list of the landowners contacted including proof of mailing.
E. Proof of liability insurance coverage with combined limits of coverage
of no less than $1,000,000, which shall list the property owner and
Township.
F. Proof of workers' compensation insurance coverage.
G. Nonrefundable application fee in the amount of $250; this fee may
be changed from time to time by resolution of the Board of Supervisors.
H. Deposit in the amount of $1,000 to cover all cost including, but
not limited to, legal, engineering and forester services. This fee
may be changed from time to time by resolution of the Board of Supervisors.
I. Excess weight permit application. The landowner and the operator
shall be responsible for repairing any damage to the Township roads
caused by traffic associated with the timber harvesting operation.
If the proposed route will be utilizing Township roads, and the tonnage
will be exceeded, an excess weight permit will be required including
a bond in an amount specified by the Township Engineer.
Any landowner or operator who violates any provision of this
chapter is guilty of a summary offense, and upon conviction, such
landowner or operator shall be subject to a fine of $500. Each day
that a violation continues shall constitute a separate violation of
this chapter.
The articles, sections, subsections, sentences, clauses, phrases
and provisions of this chapter are severable and if any of the articles,
sections, subsections, sentences, clauses, phrases and provisions
hereof are for any reason held by a court of competent jurisdiction
to be invalid, such decision so holding that provision or provisions
invalid shall not affect and shall not be construed to affect or impair
the remaining provisions of this chapter which were not to be invalid.
It is the declared intent of the Board of Supervisors of Raccoon Township
that this chapter would have been adopted had such provision or provisions
held invalid not been included therein.
All other ordinances or parts of ordinances inconsistent with
the provisions of this chapter shall be and the same hereby repealed
to the extent that they are inconsistent with the herein chapter.
This chapter is effective five days after its enactment.