[Ord. 1251, passed 7-23-2001]
In order to preserve forests and the environmental and economic benefits they provide, it is the policy of the Town of McCandless 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 amenity values. The timber harvesting regulations contained in Sections 1715.01 through 1715.09 are intended to further this policy by: (1) promoting good forest stewardship; (2) protecting the rights of adjoining property owners; (3) minimizing the potential for adverse environmental impacts; and (4) avoiding unreasonable and unnecessary restrictions on the right to practice forestry. Because proper cutting practices vary depending on the site and on landowner objectives, it is not the intent of this article to prescribe specific practices.
[Ord. 1251, passed 7-23-2001]
Sections under this article shall apply to all timber harvesting
within the Town where a lot or lots to be harvested equals or exceeds
one acre and the value of the trees, logs or other timber products
exceeds $200 and a permit shall be obtained.
[Ord. 1251, passed 7-23-2001]
As used in Sections 1715.01 through 1715.09, 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.
Managing and using for human benefit forest lands and natural
resources that occur on and in association with forest lands, including
trees, other plants, animals, soil, water, related air, and climate.
It includes, but is not limited to, the planting, cultivating, harvesting,
transporting, and selling of trees for commercial purposes.
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. This definition shall include Federal, State and
County governments, school districts and authorities.
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.
Woody debris left in the woods after logging, including logs,
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 and the preparation of the site, exclusive of tree
marking, for such harvesting.
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, or that under normal
circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions including swamps, marshes, bogs,
and similar areas.
An area of plant material covering one acre or more and consisting
of 30% or more canopy trees having a sixteen-inch or greater caliper,
or any grove consisting of eight or more trees having an eighteen-inch
or greater caliper. The caliper is measured 4 1/2 feet above
the ground.
[Ord. 1251, passed 7-23-2001]
(a)
Notification of commencement or completion. For all timber harvesting
operations under the jurisdiction of these regulations, the landowner
shall notify the Town enforcement officer with the required information
at least 20 business days before operation commences and within five
business days after the operation is complete. Notification shall
be in writing and shall specify the land on which the harvesting will
occur, the expected size of the harvest area, and, as applicable,
the anticipated starting or completion date of the operation. A permit
shall be obtained from the Town prior to commencement of timber harvesting.
The cost of the permit, including review and inspection fees, shall
be set by resolution.
(b)
Logging plan. Every landowner on whose land timber harvesting is
to occur and every operator proposing to log a plot shall be jointly
and severably responsible for preparing a written logging plan in
the form specified by this article. No timber harvesting shall occur
until the plan has been prepared and approved by the Town. The provisions
of the plan shall be followed throughout the operation. The plan shall
be available at the harvest site at all times during the operation
and shall be provided to the Town Land Use Administrator upon request.
(c)
Responsibility for compliance. The landowner and the operator shall
be jointly and severally responsible for complying with the terms
of the logging plan.
(d)
Permit validity. A permit shall be valid for six months from the
date it is issued.
[Ord. 1251, passed 7-23-2001]
(a)
Minimum requirements. As a minimum, the logging plan shall include
the following:
(1)
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails, and landings;
retirement shall include replanting and regrading of the access system
so that it is replaced to its original condition;
(2)
An estimate of the location and total number of mature trees
on the plot and the total number and location of trees to be cut.
(3)
Design, construction, and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bars;
(4)
Design, construction, and maintenance of stream and wetland
crossings;
(5)
If forest activities occur on, or may affect landslide prone
soils as identified on the logging plan map, a soils engineer registered
to practice in the Commonwealth of Pennsylvania must certify that
the forestry activities will not impact the landslide prone soils
or, if the soils will be impacted, the steps necessary to mitigate
or prevent impaction must be specified.
(b)
Map. Each logging plan shall include a site map containing the following
information:
(1)
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;
(2)
Significant topographic features related to potential environmental
problems;
(3)
Floodways and floodplains as defined by the National Flood Insurance
Study maps;
(4)
All landslide prone soils and slopes exceeding 25%.
(5)
Location of all earth disturbance activities such as roads,
landings, and water control measures and structures;
(6)
Location of all crossings of waters of the Commonwealth; and;
(7)
The general location of the proposed operation to municipal,
county, and state highways, including any accesses to, and weight
limits of, those highways.
(c)
Compliance with state law. The logging plan shall address and comply
with the requirements of all applicable state laws and regulations
including, but not limited to, the following:
(1)
Erosion and sedimentation control regulations contained in 25
Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean
Streams Law (35 P.S. §§ 691.1 et seq.);
(2)
Stream crossing and wetlands protection regulations issued pursuant
to the Stormwater Management Act (32 P.S. §§ 693.1
et seq.); and
(3)
Stormwater management plans and regulations issued pursuant
to the Stormwater Management Act (32 P.S. §§ 680.1
et seq.)
(d)
Relationship of state laws, regulations, and permits to the logging
plan. Any permits required by state laws and regulations shall be
attached to and become part of the logging plan. An erosion and sedimentation
pollution control plan that satisfies the requirements of 25 Pennsylvania
Code, Chapter 102, shall also satisfy the minimum requirements for
the logging plan and associated map specified in paragraphs (a) and
(b) of this section, provided that all information required by these
paragraphs is included or attached.
The following requirements shall apply to all timber harvesting
operations in the Town:
(a)
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the Town, Allegheny County
or the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the thoroughfare.
(b)
No tops or slash shall be left within 25 feet of any public thoroughfare
or private roadway providing access to adjoining residential property
or within 25 feet of any property line.
(c)
All tops and slash shall be lopped to a maximum height of four feet
above the surface of the ground.
(d)
Litter resulting from a timber harvesting operation shall be removed
from the site before the operator vacates it.
(e)
Care shall be exercised in harvesting operations so that 60% of mature
woodlands or 50% of any woodlands in the harvested area shall remain
after completion of logging. After issuance of a logging permit for
an area delineated on the logging plan, another permit shall not be
issued for that area or any overlapping area for 10 years from the
date of issuance of the preceding permit.
(f)
No tops or slash shall be left in a floodway or floodplain.
(g)
A soils engineer registered to practice in the Commonwealth of Pennsylvania
shall monitor all forest activities occurring on or affecting landslide
prone soils or steep slopes.
(h)
Any person, firm, corporation, operator or landowner engaged in logging
shall take all possible steps to avoid carrying or depositing mud,
dirt, debris, or any other foreign substance which might inadvertently
or otherwise be carried on to or deposited on to any street or road.
A final cleanup shall be accomplished no later than 5:00 p.m., prevailing
time each workday. All sections of Article 509 of the Codified Ordinances
of the Town of McCandless are applicable.
(i)
Each tree to be removed shall be marked with paint or other distinctive
means at two points so as to be visible on the stump after the tree
is removed. The marked trees shall correspond to the trees designated
on the map.
[Ord. 1251, passed 7-23-2001]
The landowner and the operator shall be responsible for repairing
any damage to Town roads caused by traffic associated with the timber
harvesting operation to the extent the damage is in excess of that
caused by normal traffic. Pursuant to 67 Pennsylvania Code, Chapter
189, the Town may require the landowner or operator to furnish a bond
to guarantee the repair of such damages.
[Ord. 1251, passed 7-23-2001]
(b)
Inspections. The Town enforcement officer or his designate may go upon the site of any timber harvesting operation before, during, or after active logging to: (1) Review the logging plan or any other required documents for compliance with Sections 1715.01 through 1715.09 and (2) Inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.
(c)
Violation notices; suspensions. Upon finding that a timber harvesting operation is in violation of any provision of Sections 1715.01 through 1715.09, the Town enforcement 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 Town enforcement officer may order the immediate suspension of any operation upon finding that: (1) Corrective action has not been taken by the date specified in a notice of violation; (2) The operation is proceeding without a logging plan; or (3) The operation is causing an immediate 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 Town enforcement officer, the operation is brought into compliance with Sections 1715.01 through 1715.09 or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of an enforcement officer with 30 days of issuance to the governing body of the Town.
(d)
Penalties. Any landowner or operator who (1) Violates any provision of Sections 1715.01 through 1715.09; (2) Refuses to allow the Town enforcement officer access to a harvest site pursuant to paragraph (b) of this section or who fails to comply with a notice of violation or suspension order issued under paragraph (c) of this section is guilty of a summary offense and upon conviction shall be subject to a fine of not less than $100 nor more than $500, plus costs, for each separate offense. Each day of continued violation of any provision of Sections 1715.01 through 1715.09 shall constitute a separate offense.
[Ord. 1251, passed 7-23-2001]
A bond or surety of a type approved by the Town Solicitor in
an amount agreed to by the Town Engineer to guarantee compliance with
the logging plan shall be submitted prior to commencement of timber
harvesting.
