It is the intent of this chapter to promote the welfare of the residents of the Borough of Langhorne by providing for regulation of the removal of trees in such a way as to protect and preserve the environment, community, infrastructure and quality of the community in general. Trees are a natural resource and an integral part of the natural landscape of the Borough, providing soil erosion control, surface water flow barriers and scenic beauty, and fostering myriad plant and wildlife species. It is the intention of the Borough to encourage maintenance and management of forested or wooded open space and to promote the conduct of forestry as a sound and economically viable use of forested land throughout the Borough. The removal or harvest of trees is therefore of prime concern to the residents of the Borough and shall not be permitted, except as hereinafter provided.
[HISTORY: Adopted by the Borough Council of the Borough of Langhorne 11-10-2004 by Ord. No. 2004-05. Amendments noted where applicable.]
No provision of this chapter shall be construed to repeal, modify or constitute an alternative to any lawful zoning, building, construction, mining, land subdivision or environmental resource protection and review regulations, ordinances, laws, or any applicable municipal, county, state or federal regulation, ordinance or law. Where the provisions of any such other law or regulation impose more stringent restrictions than are required by this chapter, the provisions of such law or regulation shall govern.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
General construction of language. All words used in the present tense include the future tense; all words in the plural number include the singular number; and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Unless otherwise specified, all distances shall be measured horizontally. The term "body" means the Borough Council of the Borough of Langhorne; the term "officer" means the officer designated by the Borough Council to administer this chapter and shall include the Zoning Officer, the Building Inspector, and the police. The word "shall" is mandatory and not directory. Borough Council, by resolution, may define or describe additional words, terms or expressions or amend, modify or delete terms described below.
B. BOARD-FOOT COMMERCIAL TIMBER HARVESTING FORESTRY NONCOMMERCIAL TIMBER HARVESTING PROFESSIONAL FORESTER STANDARD CORD TIMBER
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
A measure of lumber 12 inches by 12 inches by one inch as measured by International 1/4-inch Log Rule.
The cutting or removal of live healthy trees for sale or exchange of goods, commodities or service, when it is not performed in connection with legally permitted soil mining, building construction or building site development.
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not include any land development.
The cutting or removal of trees when it is not performed as commercial timber harvesting.
A person who has a minimum of a bachelor of science degree in forestry from a four-year college accredited by the Society of American Foresters and acceptable to the Borough Council of the Borough of Langhorne.
A cut stack of wood measuring four feet by four feet by eight feet or 128 cubic feet.
Trees considered a source of wood, such as a building material or lumber.
There shall be no cutting or removal of trees from any property in the Borough except as provided herein. Site alterations, regrading, filling, or clearing of any natural resource are prohibited prior to the issuance of the proper zoning and building permits. These provisions shall not be construed as prohibiting or limiting the normal maintenance of trees or property through the selective removal of tree limbs, dead or diseased trees, or brush, except when such removal impacts soil erosion, environmentally sensitive areas, forest canopies, or protected natural resource areas.
A.
No person, firm or corporation shall conduct any commercial timber harvesting operation in the Borough of Langhorne without first obtaining a timber harvesting permit from Borough Council.
B.
No person, firm or corporation shall conduct noncommercial timber harvesting in the Borough of Langhorne where the total harvest is to equal or exceed one standard cord of wood or 130 cubic feet of wood or 500 board-feet of timber in a twelve-month period without first obtaining a timber harvesting permit from Borough Council, except where such harvest is performed in connection with legally permitted soil mining, building construction or building site development. For those uses, a plan shall be submitted to the Shade Tree Commission, the Planning Commission and the Borough Engineer for review. All other noncommercial timber harvesting shall be exempt from permit requirements, but must still adhere to the Borough's Timber Harvesting Standards.
A.
Application. In all cases where a timber harvesting permit is required, the applicant shall file with the Building Inspector or the Zoning Officer an application, with five copies, for such permit, which shall include:
(1)
A letter of application stating a description of the proposed operation, the name and current address of the owner of the property to be harvested, and the name and current address of the professional forester to be consulted in the operation. This letter shall bear the signature of the applicant and the property owner.
(2)
A site map which shall show:
(a)
The location and boundaries of the property to be harvested.
(b)
The names and addresses of the owners of adjacent properties.
(c)
The zoning classification of the property and adjacent properties.
(d)
Existing topography at a contour interval of 10 feet.
(e)
The location and status of any previous timber harvesting operations on the property within the last five years.
(f)
All public roads within 500 feet of the property and roads that are to be used for access or removal of the harvest.
(g)
The location and bounds of areas to be harvested.
(h)
The intended location of storage piles, loading areas, temporary stoned areas/roads, and skidding roads.
(i)
Road access to the property.
(j)
All existing or intermittent streams or standing bodies of water in or within 1,000 feet of harvest site.
(k)
Details of existing and proposed drainage, and proposed erosion control measures.
(l)
All buildings within 1,000 feet of the harvest site.
(m)
Sufficient data to determine whether the timber harvest will be controlled to prevent permanent environmental damage to the site or surrounding area.
(3)
A data sheet summarizing cutting operations, which shall include:
(a)
The total area involved in cutting operations.
(b)
A stand analysis.
(c)
The number of trees of each species to be cut.
(d)
The percentage of trees which have been cut in previous harvesting within the last five years.
(e)
The range, in inches, of diameter at breast height (four feet above the ground) of the trees to be cut.
(f)
The total board-foot volume for each species to be cut.
(g)
The total volume to be removed from the cutting area.
(h)
The average number of board-feet per acre to be cut.
(i)
For harvesting of trees for products such as fence posts, poles, pilings, firewood, chips or mulch, the number of units per acre and the total number of units to be removed (expressed in the applicable unit of measurement, e.g., cords of firewood, yards of mulch).
(4)
An application fee in an amount as established from time to time by resolution of Borough Council.
(5)
An affidavit granting employees, agents or representative of the Borough the right to enter upon the property to inspect the property, to review operations, to enforce the provisions of this chapter, and to ensure compliance with permit requirements waiver
(6)
Proof of workmen's compensation insurance.
(7)
Proof of financial responsibility, by a) providing a copy of current liability and negligence insurance which specifically covers timbering and harvesting and with a minimum of $100,000 coverage, b) providing a performance bond, to be posted with the Borough, in an amount and form to be determined by Borough Council, or c) providing a certified check to be placed in escrow, in an amount to be determined by Borough Council, to insure conformance to the approved plans and this chapter and to insure repair of any road or property which may be damaged as a result of harvesting operations. Borough Council shall set a reasonable time limit for such financial responsibility, but not to exceed two years, which may be renewed or extended with each permit renewal. Said financial responsibility shall remain in full force and effect until a certificate of completion has been issued by the Zoning Officer indicating that all the provisions of this chapter and conditions of the permit have been compiled with.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Each application for a timber harvesting permit, together with the required information described in § 207-6, shall be referred to the Zoning Officer, Building Inspector, Borough Engineer and Planning Commission within 10 days of the date of application for preliminary review. Within 45 days of the date the application is determined to be complete, Borough Council shall call a public hearing on the application. Within 45 days after the close of the public hearing, Borough Council shall forward its find to the applicant and the Zoning Officer, indicating that the application has been approved, approved with modifications or conditions or disapproved. A copy of Borough Council's decision shall also be maintained in the Borough office and shall be available to the public.
B.
Applicants for a permit shall bear the expense of public hearing notice advertising.
C.
Should Borough Council determine that a consultant should be retained to review the application; the applicant shall bear the cost of the consultant.
D.
Permits issued under this section shall expire two years form the date of issuance, except that after a public hearing, and upon a finding of Borough Council that all terms and provisions of this chapter have been compiled with, Borough Council may extend permits for one-year periods.
A.
Review by a professional forester. Where an applicant wishes to conduct timber harvesting under permit, the area to be harvested shall first be reviewed by a consulting professional forester who shall be retained by the applicant. Said forester shall mark each tree to be removed, with paint or other distinctive means, at two points so as to be readily visible for inspection. One paint marking shall be low enough on the tree so as to be visible on the stump after the tree is removed.
B.
No cutting or loading shall take place between the hours of 5:00 p.m. and 7:00 a.m. or on Sundays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day or other recognized state or federal holiday.
C.
Timber harvesting shall be conducted in accordance with the operational standard entitled "Timber Harvesting Standards" which shall be maintained on file in the Borough office.
A.
This chapter shall be enforced by the Zoning Officer, the Building Inspector, the police, or other person or entity so appointed by resolution of the Borough Council. The officer may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and all other municipal officials exercising jurisdiction over property being harvested or harvesting operations.
B.
The officer, agents, representatives and assistants described above, upon the showing of proper credentials and in the discharge of their duties, may enter upon any property at any reasonable hour where timber harvesting is reported, proposed or being conducted, and no person shall interfere with such entry.
Borough Council may revoke a timber harvesting permit theretofore issued in the following instances:
A.
Where it finds that there has been any false statement or misrepresentation as to a material fact in the application, plan or information on which issuance of the permit was based.
B.
Where it finds that the permit was issued in error and should not have been issued in accordance with applicable law.
C.
Where the permittee fails or refuses to comply with a written order issued by a Borough agent or representative within the time fixed for compliance therewith.
Any person, property owner, firm or corporation who shall violate or fail to comply with a written order or notice of violation issued by the Borough or with any of the provisions of this chapter or conditions of the timber harvesting permit shall be, upon conviction thereof, sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall be deemed a separate offense.
The provisions of this chapter are severable. If any sentence, clause or section of this chapter is for any reason found to be unconstitutional, illegal or invalid, such decision shall not affect the validity of any of the remaining provisions of this chapter. It is hereby declared as a legislative intent that this chapter would have been adopted had such unconstitutional, illegal or invalid provision been included herein.
This chapter shall take effect immediately upon passage and approval thereof.