A. 
A timber harvesting permit must be obtained from the Township for any timber harvesting operation. Changes, additions, or alterations to existing timber harvesting operations shall conform to the provisions of these regulations. A separate timber harvesting permit shall be required for each parcel timbered. One permit shall encompass all timber harvesting operations made on the same parcel.
B. 
Minor timber harvesting operation. A timber harvesting operation within the Township which does not meet the definition of a major timber harvesting operation is considered a minor timber harvesting operation. The timber harvesting permit for a minor timber harvesting operation is issued administratively by Township staff.
C. 
Major timber harvesting operation:
(1) 
A timber harvesting operation that meets any of the following criteria:
(a) 
The operation will encompass a land area in excess of two acres.
(b) 
The operation will take place on any land exceeding a 4H:1V slope.
(c) 
The operation will involve the clear-cutting or seed-tree-cutting methods, or any other method deemed by the Township to be similarly intensive.
(2) 
The timber harvesting permit for a major timbering operation shall be issued administratively by the Zoning Officer following the applicant's submittal of a forest plan prepared by a professional forester, proof of a written E&S plan, and, only if required, an E&S permit issued by the Pennsylvania Department of Environmental Protection.
A. 
A timber harvesting permit is not required for sites which have received site plan or conditional use approval for land development when the area to be harvested is within the area required to be disturbed for the land development. Areas to be harvested outside the area required to be disturbed for land development still require a timber harvesting permit.
B. 
Removal of trees limited to site preparation for an approved building permit where the area harvested is, in the Township's opinion, that which is reasonably required to permit construction of the structure and associated amenities (driveway, lawn, etc.).
C. 
Removal of trees limited to reasonable, regular, normal maintenance and landscaping improvements by individual homeowners where standards in Article III of this chapter are not violated.
D. 
Noncommercial timber stand improvement as defined in this chapter where the standards in Article III of this chapter are not violated. Although a timber harvesting permit is not required, the property owner shall notify the Township of the project 10 working days prior to the start of the project.
Written application shall be made on a form prescribed by the Township and shall include such plans and detailed information as shall be required in accord with this chapter.
A. 
The application shall consist of both a written application and drawing(s) and shall consist of as many copies as requested by the Township. The application submission shall include the following:
(1) 
A valid boundary line survey of the site on which the proposed work is to be done, including, but not limited to, North arrow, scale, date, key location map, and signature of the preparer, owner, and applicant.
(2) 
A description of the features, existing and proposed on the site, which are of importance to the proposed project, including, but not limited to, among others, location of trees, natural features, existing structures, property lines, streets, rights-of-way, easements, roads, utilities, distance to road intersections, and watercourses.
(3) 
Owners of adjacent properties, including, but not limited to, the location of any existing structures and driveway locations.
(4) 
Topographic features with existing contours at a vertical interval of not more than five vertical feet.
(5) 
The location and description of existing man-made features of importance to the proposed project, including structures, roads, utilities, and walls.
(6) 
Submittals addressing 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.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
(7) 
Specifications which shall set forth details of the work, such as materials, methods, procedures, insurance, and estimated dates for starting and completing the work.
(8) 
Compliance with additional regulations regarding tree removal listed in Chapter 174, Subdivision and Land Development, as amended, and Chapter 208, Zoning, as amended, of the Township of Marshall Code.
B. 
For all major timber harvesting projects, and for minor timbering projects where requested by the Township, the applicant shall, in addition to the requirements immediately above, provide a forest management plan prepared by a professional forester including the following requirements:
(1) 
A description of the type of tree removal project identifying the harvesting method: seed-tree cutting, selective-cutting; clear-cutting, shelterwood cutting, etc. The plan shall describe the rationale behind the choice of timbering method, including the characteristics of the site and the tree species located thereon.
(2) 
A description of the area to be timbered, specifying the area to be timbered, tree species mixture, a sampling of tree sizes and the notation of any unusual, scarce, or endangered timber.
(3) 
A statement demonstrating how trees that are not proposed for removal are to be protected during the operation.
(4) 
A map showing areas exceeding a 4H:1V slope.
(5) 
A statement/map showing general soil conditions throughout the proposed timber area, including landslide-prone areas.
(6) 
A grading plan indicating design of proposed skid roads, landings, access roads, etc.
(7) 
Information as to how all trees will be marked for removal or to remain on the site.
(8) 
A list of equipment to be used in the harvesting.
(9) 
A time schedule for the start and completion of all the work within the timbering area.
(10) 
Where harvesting operations will alter the existing drainage characteristics a stormwater management plan shall be submitted in accordance with the latest Chapter 165, Stormwater Management, Township of Marshall Code.
A timber harvesting permit will be issued by the Township upon satisfying the following conditions:
A. 
Payment of fees as established in the Township of Marshall Fee Resolution, as amended.
B. 
Compliance with the restrictions of this chapter and applications and plans approved by the Township.
C. 
Proof of compliance with other local, state, and federal laws, including copies of required permissions and permits.
D. 
Posting of required bonds for overweight hauling on Township roadways.
E. 
In the interest of public health, welfare and safety, additional items may be appended to, stated on, and made a condition of the work permitted. These conditions may include but shall not be limited to:
(1) 
A reasonable time limit for completion of the work.
(2) 
Limitations upon the hours of the day, days of the week for performance of the work covered by the permit and/or travel on public streets.
Prior to commencing timber harvesting, the permittee shall procure and maintain adequate insurance in an amount of at 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 the timber harvesting operations, whether such operations be by itself or by any operator, contractor, agent subcontractor, or anyone directly or indirectly employed by it or them. A certificate of insurance in this amount shall be filed with the Township prior to commencing timber harvesting operations, which certificate shall state that the Township shall be given written notice at least 60 days prior to cancellation of such insurance. The Township shall be named as an additional insured on all policies of insurance described in this section.
Every timber harvesting permit shall expire after a period of one year. The Township may issue a one-time renewal permit for an additional six-month period. Minor timber harvesting projects also fall under the time restrictions listed in § 84-12E above.
Timber harvesting permits may be denied by the Township for failure to meet the standards of this chapter and may be revoked upon violation of this chapter.
Appeals regarding denial or revocation of minor timber harvesting permits shall be taken to the Township Board of Supervisors within 30 days of such action by the Township. The Board of Supervisors may grant relief from the strict provisions of this chapter where, in its opinion, alternate methods, standards or materials proposed by the applicant/permittee will meet the objectives and intent of this chapter. Any applicant or permittee shall have the right to appeal decisions of the Board of Supervisors to any court of competent jurisdiction.
A. 
The applicant shall notify the Township of the schedule of timber harvesting operation. Notice shall be given to the Township at least two working days prior to the start or completion of the operation.
B. 
Timber harvesting operations will be subject to spot inspections at the discretion of the Township to determine that the work is being performed in compliance with the approved permit and these regulations.
C. 
Should the Township deem it necessary, a report by a professional forester will be required with inspection and certification that timber harvesting has been conducted in accordance with approved permit and these regulations.
D. 
A final inspection shall be conducted by the Township to certify compliance with the permit and this chapter. Township release of the performance bond shall be contingent on the findings of the final inspection, and should the inspection discover inadequacies the performance bond may be utilized to mitigate such inadequacies.
The owner and/or operator of the timber harvesting operation shall provide the Township with copies of all documentation required by the Pennsylvania Department of Environmental Protection to be kept on site during earth-disturbance activities.
A. 
Any timber harvesting operation found to be proceeding without a timber harvesting permit as described in this chapter shall immediately cease operations and shall not resume until such permit is secured from the Township.
B. 
When any person is found to be violating any provision of this chapter, the Township shall provide the operator and the landowner or landowner's representative with a written statement describing each violation and specifying a date by which corrective action must be taken.
C. 
When the Township finds a condition in a timber harvesting operation to be causing an immediate environmental risk, it shall immediately order operations to cease and contact the Allegheny County Conservation District and the Pennsylvania Department of Environmental Protection to request enforcement of the rules and regulations of those agencies.
D. 
Any person who or which shall violate the provisions of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $500. If the person neither pays the fine nor timely appeals the conviction, the Township may enforce such nonpayment pursuant to applicable law. Each day that a violation is continued shall constitute a separate offense.