[Ord. No. 2431, 6/17/2019]
1.
Purpose. The purpose of this Part is:
A.
To preserve, protect, replace and properly maintain trees within
the Township of Ross to aid in the stabilization of soil by the prevention
of erosion and sedimentation; reduce stormwater runoff and the costs
associated therewith; provide a buffer and screen against noise pollution;
provide shade; provide protection against severe weather; aid in the
control of drainage and restoration of soil subsequent to construction
or grading; conserve and enhance the Township of Ross's physical
and aesthetic environment; promote good forest stewardship; avoid
unreasonable and unnecessary restrictions on the right to practice
forestry; and generally protect and enhance the quality of life and
welfare of the residents of the Township of Ross.
B.
To recognize the important value that woodlands offer to southwestern
Pennsylvania, including wildlife, water filtration/regulation, soil
retention, wood products, recreation and aesthetics.
C.
To ensure the right to harvest trees is exercised with due regard
for the protection of the physical property of adjacent landowners.
D.
To ensure the Township's citizens' right to clean air and
pure water is protected, and to conserve the natural, scenic, historic
and aesthetic values of the environment as guaranteed by Article I,
§ 27, of the Pennsylvania Constitution.
2.
Exemptions. The following shall be exempt from this Part:
A.
Commercial nurseries and fruit orchards.
B.
Christmas tree farms.
C.
Trees directed to be removed by municipal, county, state or federal
authority pursuant to law.
D.
Removal of trees that appear to cause structural damage to buildings
or foundations.
E.
Tree maintenance and landscaping on residential and commercial lots.
F.
Any tree determined to be causing a danger or be in hazardous condition
because of a natural event such as tornado, storm, flood or other
act of God that endangers the public health, welfare or safety and
requires immediate removal.
G.
Any tree growing on or over a public right-of-way.
H.
Pruning or removal of trees within the right-of-way by utility companies
for maintenance of utility wires or pipelines and the pruning of trees
within sight easements.
I.
Those projects that have received major subdivision or site plan
approval prior to the effective date of this Part and amended major
subdivision and site plans.
[Ord. No. 2431, 6/17/2019]
1.
CALIPER
CLEAR-CUTTING
COMPLETE APPLICATION
CUTTING BLOCK
DIAMETER AT BREAST HEIGHT (DBH)
DIAMETER LIMIT CUTTING
DRIPLINE
FELLING
FORESTRY OPERATOR
HAUL ROAD
INCOMPLETE APPLICATION
LANDING
LANDOWNER
LANDSCAPING
LITTER
PERSONAL USE
PRECOMMERCIAL STAND IMPROVEMENT
PROFESSIONAL FORESTER
SKID ROAD
SKID TRAIL
SKIDDING
SLASH
STAND
STUMP
THINNING
TIMBER HARVESTING
TIMBER HARVESTING OPERATION
TIMBER HARVESTING PLAN
TOWNSHIP
TOWNSHIP CODE ENFORCEMENT OFFICER
TOWNSHIP ENGINEER
TOWNSHIP FORESTER
TOWNSHIP OFFICIAL
TOWNSHIP ZONING ADMINISTRATOR/OFFICER
TREE
TREE MAINTENANCE
TREE PROTECTION ZONE
TREETOP
VEGETATION
As used in this Part, the following terms shall have the meanings
indicated:
The diameter of a tree trunk measured in inches, six inches
above ground level for trees up to four inches at DBH and 12 inches
above ground level for trees over four inches at DBH. Diameter should
be measured using a tree caliper, a diameter tape or a Biltmore stick.
Removing all, or a majority of, trees from the area logged.
Submittal of all forms, information and plans as required
for the review and/or issuance of a timber harvesting permit.
An area of property to be logged, approximately 10 to 15
acres in size, depicting the phase number, defined by natural boundaries
and determined by a professional forester.
The diameter of a tree is measured at a height of 4.5 feet
above the ground, on the uphill side of the stem, using a tree caliper,
a diameter tape or a Biltmore stick.
The practice of cutting all and only all trees above a certain
diameter within the area logged.
The outside edge of the area located directly beneath the
canopy of a plant upon which rain is intercepted before it falls to
the ground.
The act of cutting a standing tree so that it falls to the
ground.
An individual, partnership, company, firm, association or
corporation engaged in timber harvesting, including the agents, subcontractors
and employees thereof.
A constructed road of dirt and/or gravel utilized for moving
cut trees from the point where they are loaded on a truck to exit
from the site.
The submittal of an application determined by the Township
Zoning Officer to not contain all the required information for the
review and/or issuance of a timber harvesting permit.
The place where logs, pulpwood or firewood are assembled
for transportation to a processing facility.
The legal or beneficial owner or owners of land.
The design, location, planting and removal of vegetation
on a lot by a landowner for the purposes of achieving a desirable
appearance.
Discarded items not naturally occurring on the site.
A good, product or resource used for personal consumption
and not in a trade or business.
A forest practice such as thinning or pruning that results
in better growth, structure, species composition or health for the
residual stand but that does not yield a net income to the landowner.
A person who has earned a four-year college degree in forest
management, is registered with the Pennsylvania Bureau of Forestry
and can demonstrate expertise in environmentally sound forest management/timber
harvesting practices.
An improved road that is used by forestry equipment to transport
felled trees to the landing site and can be used by other vehicles.
A path traveled by ground skidding equipment while moving
trees or logs to a landing.
The dragging of trees on the ground from the stump to the
landing by any means.
All debris resulting from timber harvesting operations, including
stems, limbs and parts thereof. "Tops" shall be the word used to refer
to the upper portion of a felled tree not normally merchantable. Typically,
a "top" becomes part of the "slash" produced by a timber harvesting
operation.
Any area of forest vegetation whose site conditions, past
history and current species composition are sufficiently uniform to
be managed as a unit.
The base part of a tree that remains standing after the tree
has been felled.
The systematic removal of selected trees to improve the health
and growth of the residual stand.
The act of cutting/harvesting live or dead trees for cordwood,
for timber, for pulp or for any commercial purpose, excepting therefrom
a landowner and/or any agent of a landowner cutting on the property
of the landowner for the use solely of the landowner, any properly
approved clearing for development of building sites or clearing for
farming operations. A landowner who cuts/harvests trees or permits
such cutting/harvesting of trees upon the landowner's property
for other than the landowner's own use is a person engaging in
timber harvesting and in a timber harvesting operation. A timber harvesting
operation shall include the acts of tree harvesting, site cleanup
and site restoration.
The process of cutting down trees or removing logs from the
forest for the primary purpose of sale or commercial processing into
wood products.
A plan prepared by a surveyor and so certified providing
all the information as required.
The Township of Ross, Allegheny County, Pennsylvania.
The Code Enforcement Officer of the Township, the designee
of the Township Manager, and/or the designee of the Township Board
of Commissioners charged with enforcement of the Township's codes
and ordinances.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed by the Board of Commissioners to serve
as the engineer for the Township.
A professional forester retained by the Township Board of
Commissioners.
Any Township elected official, Manager, Director of Community
Development, Zoning Officer/Administrator, Building Code Official,
Fire Marshal, or Code Enforcement Officer.
The authorized official of the municipality as designated
by the Board of Commissioners to administer the provisions of the
Township Subdivision and Land Development and Zoning Ordinances and
the Code of Ordinances. For purposes of the Township, the Zoning Administrator/Officer
shall be considered the Planning Director as defined in the PA Municipalities
Planning Code.[1]
Any self-supporting woody plant, not less than a two-inch
caliper.
An operation performed on a tree for the removal of any branches,
alive, diseased, or dead, to prevent or suppress diseases or to balance
or shape the tree for any reason.
An area that is radial to the trunk of a tree in which no
construction activity shall occur. The zone shall be at least five
feet beyond the dripline of the tree. Where there is a group of trees
or woodlands, the zone shall be the aggregate of the protection zones
of the trees.
The upper portion of a felled tree that is not merchantable
because of small size, taper or defect.
Trees, shrubs, ground cover and other plants that stabilize
the soil.
[1]
Editor's Note: See 53 P.S. § 10208.
[Ord. No. 2431, 6/17/2019]
1.
When a property owner wishes to conduct, or permit to be conducted,
a timber harvesting operation on his or her property, or fell more
than 30 trees that measure eight inches or more in DBH on a single
parcel, such owner shall obtain a timber harvesting permit from the
Township of Ross.
2.
A timber harvesting permit shall not apply to:
A.
Work performed on clearing subdivision roads and rights-of-way approved
by the Township of Ross.
B.
Work performed in accordance with a land development plan approved
by the Township of Ross.
C.
The cutting of trees for the personal use of the landowner or for
precommercial timber stand improvement on lots less than one acre
in size where timber harvested for the foregoing purposes will not
leave the site.
D.
Where fewer than 30 trees that measure eight inches or more in DBH
are to be felled on a single parcel within any three-year period.
3.
Ross Township reserves the right to deny reoccurring timber harvesting when the same is found to inhibit the purpose of this Part. See § 14-101.
4.
The Township of Ross shall be notified in writing before any timber
harvesting operation begins and terminates. The Township of Ross shall
be notified five business days prior to starting the timber harvest
and five business days prior to terminating the operation.
5.
The Allegheny County Conservation District (ACCD) must approve the
erosion and sedimentation control plan of the property owner and/or
forestry operator for the timber harvesting operation prior to the
issuance of the timber harvesting permit.
6.
All required and approved erosion and sedimentation control measures,
as outlined and approved by the ACCD, shall be implemented prior to
the commencement of any timber harvesting operation on the property
and throughout the duration of the permitted operation. The erosion
and sedimentation control measures shall be maintained throughout
the timber harvesting operation and until seeding has germinated.
7.
The first timber harvesting activities shall be construction of the
roadways, trails, landings and such.
8.
Hauling or skidding or placing fills or other obstructions in perennial
or intermittent streams is prohibited except as approved by a professional
forester. Nothing in this Part, including the exception stated in
the immediately preceding sentence, is intended to supersede federal
and/or state law relating to clean water, flowing water, fish hatcheries
or the pollution of water resources.
9.
Diameter-limit cutting shall not be permitted.
10.
Clear-cutting shall not be permitted unless approved by the Township
Engineer or Township Forester, based upon a determination that: clear-cutting
will assist in forest regeneration; clear-cutting will not cause excessive
erosion and sedimentation; and clear-cutting will not be done within
50 feet of any public road right-of-way or any abutting property.
11.
No on-site retail sale of harvested wood or logs shall be permitted from the property unless the property is in a commercial zoning district, which permits such use. (See Chapter 27 of the Township of Ross Code of Ordinances, Zoning.)
12.
No portable sawmills are permitted.
13.
No tops or slash of the felled trees shall be left on any right-of-way
or drainage ditch leading from a culvert, water bar, intercepting
dip or break in the berm of road or in, on or within 25 feet of a
boundary line, stream, spring seep, dam, lake or public road right-of-way
unless otherwise authorized in writing by a professional forester
who shall not, in any use, have the power to authorize violations
of federal or state law, including regulations passed to implement
the law.
14.
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the Township, County of Allegheny
or the Pennsylvania Department of Transportation, whichever is responsible
for the maintenance of the thoroughfare.
15.
No tops or slash shall be left on or across the boundary of any property
adjoining the operation without the consent of the owner. All tops
and slash between 25 and 50 feet from a public roadway or private
roadway providing access to adjoining residential property or within
50 feet of adjoining residential property shall be lopped to a maximum
height of four feet above the surface of the ground. Tops of trees
may be left in retired skid trails to discourage unauthorized entry
if desired by the owner.
16.
Littering resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator and prior to the
release of any associated bond monies.
17.
When a timber harvesting operation has been completed, all disturbed
areas, such as the landings, roads and critical areas, must be seeded
with annual grasses as determined by the Township Forester upon completion
of the timber harvesting operations.
18.
Access roads shall be permanently blocked. The Township shall choose
the appropriate post-harvest security. When the timber harvesting
operation on a parcel has been completed, the access road shall be
permanently blocked and kept as such.
[Ord. No. 2431, 6/17/2019]
1.
An application for a timber harvesting permit shall be made in writing to the Township Zoning Officer on forms supplied by the Township. Such application shall be accompanied by all the required information in accordance with the provisions herein; a copy of the ACCD's approval and comments; a copy of the timber harvesting plan; performance security as required by § 14-106; road financial security as required by § 14-106, Subsection 1B; insurance certificates complying with § 14-108 hereof; and, if applicable, proof of a written timber sales contract between the property owner and timber harvesting company/forestry operator.
2.
Within 30 days of submission of a complete application to the Township
of Ross, a timber harvesting permit shall be approved, denied or approved
subject to reasonable conditions and the applicant so notified in
writing.
3.
Incomplete applications will be returned to applicant and the applicant
so notified in writing of all deficiencies.
4.
The approved timber harvest plan shall be available at the harvest
site at all times during the operation and shall be provided to the
Township Engineer or Township Official upon request.
5.
The timber harvesting plan submitted to the Township of Ross for
review and approval shall include a plan or plans indicating the following
information:
A.
Purpose of the proposed operation.
B.
Name, address and telephone number of the forestry operator.
C.
Total land area involved in the proposed timber harvesting operation.
D.
Total number of trees selected for harvesting.
E.
Erosion and sedimentation plan as approved by the Allegheny Conservation
District.
F.
Reforestation narrative outlining the revegetation of the land area,
skid trails and harvest areas.
G.
A chart indicating the quantity of trees and the species of trees
selected for harvesting.
H.
Site location and boundaries of both the entirety of the property
upon which the timber harvesting operation shall occur and the specific
area proposed for timber harvesting.
I.
The general location of the proposed operation in relation to municipal
and state roads and any proposed accesses to those roads.
J.
Existing watercourses, floodplains and wetlands.
K.
The required fifty-foot buffer along any harvesting area, landing area, public road, watercourse or wetland as specified in § 14-109.
L.
Topography of the property, including all slopes of 25% or greater.
M.
Earth disturbance locations, including skid trails and landing areas.
N.
Design, construction, maintenance and retirement of the access system,
including haul roads, skid roads, skid trails and landings.
O.
Design, construction and maintenance of water control measures and
structures.
P.
Design, construction and maintenance of proposed stream and wetland
crossings.
6.
Before any permitted timber harvesting operation begins, all trees
that are at least eight inches DBH 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 tree or stand of trees shall be felled that has not been designated
for removal on the approved timber harvesting plan.
7.
Any permits required by any other agency under any applicable regulation
shall be the responsibility of the landowner or timber harvesting
operator as applicable. Copies of all required permits shall be submitted
to the Township of Ross at least 20 days prior to commencement of
the timber harvesting operation.
8.
A timber harvesting permit shall be valid for a period of three years.
A one-time, six-month extension shall be granted when requested in
a statement from the professional forester hired by the property owner.
9.
If timber harvesting is conducted without or in violation of a Township
timber harvesting permit, the landowner and the timber harvesting
operator shall each be in violation of this Part, and each shall be
fully subject to all applicable fines and penalties.
[Ord. No. 2431, 6/17/2019]
1.
For all timber harvesting operations, prior to hauling on any Township road, financial security shall be posted in accordance with § 14-106 hereof.
2.
The Township Department of Public Works shall prepare a report prior
to hauling to establish the existing road condition and for the purpose
of establishing reasonable times and conditions for hauling logs so
that damage to the road will be minimized. Such conditions may include,
without limitation, limiting hauling to dry periods. The Township
shall be notified during normal working hours as to when hauling will
begin from a cutting block so that the first truck can be followed
to determine if the roadway is being damaged.
3.
A timber harvesting operation shall keep any roadway over which it
hauls logs or other timber harvesting residue clean and free of mud
and debris to the extent that such roadway mud, debris or similar
material is the result of vehicles traveling to and from the timber
harvesting operation.
4.
At the point of access, the logger shall construct an aggregate entrance
area to support the roadway edge.
5.
No parking of timber harvesting vehicles or storage of logs shall
be permitted in the road right-of-way.
6.
Water from the timber harvesting area shall not be discharged onto
the roadway surface.
7.
No cutting or loading shall take place between the hours of 5:00
p.m. and 7:00 a.m., Monday through Saturday, and all day Sunday and
federally designated legal holidays.
[Ord. No. 2431, 6/17/2019]
1.
All financial security required by this Part shall comply with the
requirements of the Township of Ross Code of Ordinances.
A.
Performance Security. Prior to the commencement of a timber harvesting
operation, the applicant shall post financial security guaranteeing
restoration of the property logged or of any other property damaged
by the timber harvesting operations per the following:
(1)
This financial security shall be in an amount acceptable to
the Township Board of Commissioners or its designee, and said amount
all be based upon the actual area of soil disturbance as delineated
in the timber harvest plan.
(2)
The Township shall be given three business days' advance
notice, in writing, by the contractor, owner or any other party conducting
a timber harvesting operation, for the purpose of permitting the Township
to inspect the site and approve/disapprove timber harvesting work
proposed to begin on a cutting block which has not previously been
the subject of timber harvesting under the approved timber harvest
plan. Such initial notice may not be given on a weekend or official
Township holiday and must be hand delivered to the Township's
offices.
(3)
The contractor, owner or any other party conducting the timber
harvesting operation shall contact the Township within three business
days after final operations have been completed.
(4)
The Township Engineer or his designee shall complete a post-harvest
inspection of the subject property.
(5)
The performance financial security will not be released by the
Township until a post-harvest report indicates that land restoration
has been completed to the satisfaction of the Township.
B.
Road Financial Security. Prior to hauling on any Township road, the
applicant for the timber harvesting permit shall post separate financial
security to guarantee restoration of roads damaged by the hauling.
[Ord. No. 2431, 6/17/2019]
1.
All applications for timber harvesting permits under this Part shall
be accompanied by permit fees in an amount as set from time to time
by resolution of the Township Board of Commissioners.
2.
No application shall be accepted by the Township or acted upon unless
the appropriate fees have been paid to the Township.
3.
The applicant shall be responsible to pay all professional fees incurred
by the Township to review and oversee the timber harvesting operation.
4.
The Township may require the applicant to escrow the funds needed
to secure the services of the Township Forester for his review of
the application and oversight of the timber harvesting operation.
[Ord. No. 2431, 6/17/2019]
1.
Prior to commencing timber harvesting operations, the applicant shall
procure and maintain adequate insurance in an amount of least $1,000,000
to protect it from claims for damages because of bodily injury, including
death, and from claims of damages to property which may arise both
out of and during timber harvesting operations, whether such operations
be by itself or by any contractor, agent, subcontractor, or anyone
directly or indirectly employed by it or them.
2.
A certificate of insurance in this amount shall be filed with the
Township prior to commencement of timber harvesting operations. The
certificate shall state that the Township shall be given written notice
at least 60 days prior to cancellation of such insurance.
3.
The Township shall be named as an additional insured on all policies
of insurance described in this section.
4.
Prior to commencing timber harvesting operations, the applicant shall
procure and maintain workers' compensation insurance as required
by state law.
[Ord. No. 2431, 6/17/2019]
1.
A fifty-foot buffer zone, within which no timber harvesting shall
occur, shall be required between the boundary of any timber harvesting
area and any public street, road, or watercourse or wetland.
2.
Timber harvesting is prohibited within a floodplain and wetlands.
3.
Clear-cutting is permitted on slopes of 15% but less than 25% where
it is done for the purposes of managing or improving the natural habitat.
Clear-cutting is prohibited on areas with slopes of 25% or greater.
4.
Trees falling on adjacent properties as a result of a timber harvesting
operation shall be returned immediately to the landowner's property,
who shall be responsible for any damage, cost or restoration to the
affected adjacent property.
5.
Felling or skidding on or across any public road or right-of-way
is prohibited without the express written consent of the Township
of Ross or the Pennsylvania Department of Transportation, whichever
is responsible for maintenance of such public road or right-of-way.
6.
No treetops or slash shall be left:
7.
All tree tops, limbs and slash shall be cut to a height of no more
than four feet above ground level.
8.
The stumps of all felled trees shall be permitted to remain for soil
stabilization, provided that they extend no more than two feet above
grade.
9.
Littering is prohibited, and litter resulting from a timber harvesting
operation shall be removed from the site daily.
10.
During the periods of abnormal forest fire danger, as determined
by the Ross Township Fire Department, the Township of Ross shall have
the authority to order a suspension of timber harvesting operations
until the danger subsides.
11.
The Township of Ross shall have the authority to order the suspension
of any timber harvesting operation if, in the opinion of the Township
of Ross, conditions created by the spring thaw, adverse weather or
any other cause makes soil erosion likely.
12.
Upon completion of the timber harvesting operation, all disturbed
areas, including, but not limited to, the landing areas and skid trails,
shall be revegetated pursuant to the timber harvesting plan approved
by the Township of Ross.
13.
A timber harvesting operation shall not include any on-site processing
of harvested trees or manufacturing except as defined in a timber
harvesting plan approved by the Township.
14.
Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter
49, and Title 67 Pennsylvania Code, Chapter 189, the landowner and
the operator shall be responsible for repairing any damage to the
Township of Ross roads caused by traffic associated with the timber
harvesting operation, to the extent the damage is in excess of that
caused by normal traffic, and shall be required to furnish a bond
to guarantee the repair of such potential damages, as determined by
the Township with advice from the Township Engineer.
[Ord. No. 2431, 6/17/2019]
1.
The Township, by its own personnel or outside agent, may enter upon
the site of any proposed timber harvesting 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.
2.
After a permit for a timber harvesting operation has been issued,
the Township of Ross shall have the right by its own personnel or
agent to enter upon the site before, during and after the timber harvesting
operation to ensure and require compliance with both the plans for
said operation as finally approved and all of the terms and provisions
of this Part.
3.
The applicant shall reimburse the Township for any inspection costs.
Said fees, costs and escrow accounts shall be established, and amended
from time to time, by resolution of Township Council.
[Ord. No. 2431, 6/17/2019]
1.
Upon finding that a timber harvesting operation or construction-related
tree cutting is in violation of any provision of this Part, the Township
of Ross shall issue the logging operator and/or the landowner a written
stop-work order and notice of violation in accordance with the provisions
of this Part regarding enforcement notices, describing each violation
and specifying a date by which corrective action must be taken.
2.
The Township of Ross may order the immediate suspension of any timber
harvesting operation and may institute any appropriate action to prevent,
restrain, correct or abate the violation of this Part upon finding
that:
3.
Suspension orders shall be in writing and shall be issued to the
forestry operator and/or the landowner and shall remain in effect
until the timber harvesting operation is brought into compliance with
this Part or other applicable statutes or regulations.
[Ord. No. 2431, 6/17/2019]
1.
This Part shall be enforced in conjunction with and in addition to
applicable zoning and land use ordinances. In the event of a conflict,
the provisions of the applicable zoning and land use ordinance shall
prevail.
2.
If any application is submitted in accordance with the Township's
zoning and land use ordinances within three years of the date of approval
of a timber harvesting permit under this Part, then the application
under the applicable zoning and land use ordinances shall be reviewed
as if the property was in the same condition as it were immediately
prior to the approval of the timber harvesting permit. This requirement
is intended to prevent the use of a timber harvesting permit to circumvent
the respective requirements governing the placement and removal of
trees in accordance with an application under the Township's
zoning and land use ordinances.
[Ord. No. 2431, 6/17/2019]
1.
Any person who violates any provision of this Part, or fails to comply
therewith, or with any of the requirements thereof, upon conviction
thereof, 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, including
reasonable attorney's fees, to a term of imprisonment not to
exceed 30 days.
2.
Each day that a violation of this Part continues shall constitute
a separate offense. In addition to any other remedy available under
law, the Township may enforce this Part by an action in equity.
3.
All fines and penalties collected for violation of this Part shall
be paid to the Township.
4.
The initial determination of violation of this Part and the service
of notice of violation are hereby delegated to the Township Manager,
the Police Chief, the Building Code Official, the Building Inspector,
the Code Enforcement Officer, the Zoning Officer and their designees
and to any other officer or agent that the Township Manager or the
Board of Commissioners deems appropriate.
[Ord. No. 2431, 6/17/2019]
1.
Neither the issuance of timber harvesting permits under the provisions
of this Part nor the compliance with the provisions hereto or with
any conditions imposed by the Board of Commissioners hereunder shall
relieve any person from the responsibility for the damage to any persons
or property otherwise imposed by law, nor impose any liability upon
the Township for damages to persons or property.
2.
Nothing in this Part is to be interpreted as eliminating or reducing
the immunities (statutory or common law/traditional) enjoyed by the
Township of its elected or appointed officials.
[Ord. No. 2431, 6/17/2019]
1.
When provisions of this Part conflict with other applicable regulations,
codes or laws, the more stringent regulation or legislation shall
apply.
2.
As in the case with all legislation, this Part is to be interpreted
utilizing a rule of reason that will best allow for the attainment
of the balance between the public and private this Part seeks to archive.
Furthermore, this Part is to be interpreted and applied, to the extent
possible, so that it meets all federal and state constitutional requirements
and statutory requirements.
3.
If any aspect of this Part is finally determined to violate constitutional
and/or statutory requirements, through the process of appellate litigation,
that aspect of this Part shall be deemed excised or reformed to the
extent necessary to cause the remainder of this Part to remain legally
enforceable.
[Ord. No. 2431, 6/17/2019]
If any sentence, clause, section, or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Ross Township Council that this Part would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.