It is hereby ordained and enacted by the Board of Supervisors of the Township of Marshall, County of Allegheny, Commonwealth of Pennsylvania, that from and after the passage and approval of this chapter the following regulations shall be in full force and effect. The provisions of this chapter shall be held to be the minimum requirements for the protection for the health, safety, and welfare of the people at large, and be designed to encourage the establishment and maintenance of reasonable community standards of physical environment.
This chapter shall be cited as the Township of Marshall "Timber Harvesting Ordinance."
The purpose of this chapter is the following:
A.
To promote woodland areas and the environmental and economic benefits they provide;
B.
To encourage the owners of woodland to continue that use for the long-term production of timber, recreation, and wildlife habitat;
C.
To promote good forest stewardship;
D.
To protect the rights of adjacent landowner and public;
E.
To minimize the potential for adverse environmental impacts resulting from improper timber harvesting; and
F.
To recognize timber harvesting as a legitimate activity within the Township and avoid unnecessary restrictions on a property owner's rights to harvest timber.
It is the intent of this chapter to regulate timber harvesting practices and to allow for and encourage proper forest management within the 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 timber 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.
No person shall conduct a timber harvesting operation within the Township except in full compliance with all the provisions of these regulations and after the lawful issuance of a timber harvesting permit as required by these regulations.
Neither the issuance of a permit under the provisions of these regulations, nor compliance with its provisions, nor conformance with conditions required by any such permit shall relieve any person from liability for damage resulting from a timber harvesting operation, nor attach any liability upon the Township for damages to persons on property.
In the event that any of the terms or provisions of this chapter shall be found invalid or declared unenforceable by reason of any federal or state statute or federal or state directive, rule or regulation now in effect or hereinafter to become effective or by reason of the decision of any federal or state court, such invalidity or unenforceability shall not affect or impair any other terms or provisions hereof, unless the other terms or provisions are directly affected by the section declared invalid or unenforceable. The parties thereupon may, within 30 days, meet to discuss said invalidity or unenforceability.