[HISTORY: Adopted by the Board of Supervisors of East Earl
Township 1-11-2011 by Ord. No.
170. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 450.
This chapter shall be known as the "Timber Harvesting Ordinance."
The purpose of this chapter is to protect and promote the public
health, safety and welfare of its citizens by establishing regulations
relating to the harvesting of timber on lands within the Township
of East Earl. This chapter provides for permitting and inspection
of logging activities, and penalties for noncompliance. The Board
of Supervisors of East Earl Township deem the regulation of tree harvesting
necessary to ensure: the long-term production of forest crops; protection
of the physical property of adjacent landowners; protection of the
environment by minimizing improper tree-harvesting practices; and
the safety of the public thoroughfares within the Township.
It is the intent of this chapter to regulate timber harvesting
practices and to allow for and encourage proper forest management
within East Earl 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 the Township. It is not the intent of this chapter
to regulate tree cutting for home use or noncommercial timber stand
improvement work.
This chapter is enacted pursuant to the general powers conferred
upon the Board of Supervisors under Section 1506 of the Second Class
Township Code, Act of May 1, 1933 (P.L. 103, No. 69), as reenacted
and amended November 9, 1995 (P.L. 350, No. 60), as amended.[1]
[1]
Editor's Note: See 53 P.S. § 66506.
The following words are defined as they are used in this chapter:
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.
A place where logs are assembled for transportation in loads.
Discarded items not naturally occurring on the site (i.e.,
tires, oil cans, etc.).
A written description with a map of a specific logging operation
prepared before the operation commences.
To cut tops and slash into smaller pieces to allow material
to settle close to the ground.
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.
The individual, partnership, company, firm, association,
or corporation engaged in the harvest of timber including his/her
agents, or subcontractors, or employees.
The individual, partnership, company, firm, association,
or corporation owning fee simple title to the land from which timber
is to be harvested.
A person who has a B.S. or higher degree in forestry from
a four-year school of forestry associated with or accredited by the
Society of American Foresters.
Dragging trees on the ground, by any means, from the stump
to the landing.
Woody material left after logging, including logs, chunks,
bark, branches, stumps, and broken understory trees or brush.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
The cutting down and removal of five or more trees from a
single lot or tract of land within the Township.
Written permission, warrant, or license granted by East Earl
Township to the owner and operator seeking to engage in the harvesting
of timber on land within the Township.
The upper portion of a felled tree not merchantable because
of small size, taper, or defect.
A.
Any owner or operator intending to engage in timber harvesting shall
apply for and obtain a timber harvesting permit from the Township.
The timber harvesting permit shall be valid for a period of 60 days
from the date of issuance. Whenever an operator makes application
for the timber harvesting permit, the application shall not be complete
unless it is also signed by the owner.
B.
Application forms shall be made available at the East Earl Township
office. The application forms shall require that the applicant disclose
the following information, and such other information that the Township
shall reasonably require:
(1)
The name, address and telephone number of the owner.
(2)
The name, address and telephone number of the operator, if other
than the owner.
(3)
Street address and tax parcel number of the tract of land within
East Earl Township from which the timber shall be harvested, including
a sketch of the tract showing the approximate location(s) on the tract
where the logging shall occur and identifying the names and addresses
of the owners of all adjoining properties.
(4)
The identification of any streams located upon the tract of land
from which the timber shall be harvested.
(5)
The identification of all roads or thoroughfares that the owner or
operator will use to remove the harvested timber from the land.
It shall be the responsibility of each owner and/or operator
to develop or have developed a logging plan and submit notification
where required by this chapter. It shall be the joint responsibility
of the owner and the operator to see that they carry out the provisions
of the logging plan.
A.
A logging plan shall be prepared for each timber harvesting operation
expected to exceed 1/2 acre of land.
[Amended 11-10-2020 by Ord. No. 210]
B.
Such logging plan will address all applicable erosion and sedimentation control and stream crossing regulations under Chapter 102, Erosion Control Rules and Regulations, issued under Act of June 22, 1937 (Clean Streams Law),[1] and Chapter 105, Dam and Waterway Management Rules and
Regulations issued under Act of 1978, P.L. 1375, No. 325 (Dam Safety
and Encroachments Act),[2] as amended, or subsequent applicable legislation.
C.
At a minimum, the logging plan shall include the following:
[Amended 11-10-2020 by Ord. No. 210]
(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;
(4)
The general location of the proposed operation in relation to municipal
and state highways, including any accesses to those highways;
(5)
A copy of all required permits submitted as an appendix to the logging
plan; and
(6)
A sketch map or drawing 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 all crossings of waters of the commonwealth; and
(e)
The general location of the proposed operation to municipal
and state highways, including any accesses to those highways.
D.
The logging plan will be available at the timber harvesting site.
E.
For all timber harvesting operations that are expected to exceed
1/2 acre, the Township enforcement officer shall be notified before
the beginning and end of the operation.
F.
The erosion and sediment control and stream crossing requirements
addressed in the logging plan shall be followed at all times during
the operation.
G.
The following general operational requirements shall apply to all
timber harvesting activities:
(1)
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 said thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare.
(3)
All tops and slash between a distance of 25 and 50 feet from a public
thoroughfare shall be lopped to a maximum height of four feet above
the surface of the ground.
(4)
No tops or slash shall be left on or across a property boundary without
the consent of the adjoining landowner.
(5)
Litter resulting from any logging operation shall be cleaned up and
removed from the site upon completion of the timber harvesting operation.
A.
The enforcement officer designated by the Township may go upon the
site of any timber harvesting operation before, during, and after
the active logging to review plans and other required documents to
ensure that such plans and documents are in compliance with the provisions
of this chapter and to ensure that the actual operation is proceeding
in compliance with these plans. It is recommended that the owner or
owner's representative be contacted and invited to be present during
the inspection.
B.
Any logging operation found to be proceeding without a logging plan,
where one is required under this chapter, shall immediately cease
operations and shall not resume until a logging plan is prepared and
submitted to the Township enforcement officer for his/her approval.
C.
When any owner or operator is found to be violating any provision
of this chapter, the Township enforcement officer shall provide the
owner or operator, or their representative, with a written statement
describing each violation and specifying a date by which corrective
action must be taken.
D.
When the Township enforcement officer finds a condition in a timber harvesting operation to be causing an immediate environmental risk, he/she shall immediately order operations to cease, and contact the County Conservation District and request enforcement of the rules and regulations referred to under § 397-9 of this chapter.
Any owner or operator who violates any provision of this chapter
is guilty of a summary offense, and upon conviction, such owner 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 sections, subsections, sentences, clauses, phrases and provisions
of this chapter are severable and if any of the 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 held to be invalid. It is the declared
intent of the Board of Supervisors of East Earl Township that this
chapter would have been adopted had such provision or provisions held
invalid not been included therein.
