[HISTORY: Adopted by the Board of Supervisors
of the Township of Hellam 12-17-2020 by Ord. No. 2020-08.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 444,
Timber Harvesting, adopted 11-15-2007 by Ord. No. 2007-07, as amended.
This chapter shall be known as the "Hellam Township Timber Harvesting
Ordinance."
The Board of Supervisors enacts and ordains this chapter by
the authority granted by Section 1529 of the Second Class Township
Code (53 P.S. § 66529) and Section 601(a) of the Pennsylvania
Clean Streams Law [35 P.S. § 691.601(a)].
In order to conserve forested open spaces and the environmental
and economic benefits they provide, it is the policy of the municipality
of Hellam Township 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 this chapter are intended to further this
policy by:
A.
Promoting good forest stewardship.
B.
Protecting the rights of adjoining property owners.
C.
Minimizing the potential for adverse environmental impacts.
D.
Avoiding unreasonable and unnecessary restrictions on the right to
practice forestry, and improving human health and welfare of the community.
To encourage maintenance and management of forested or wooded open spaces and promote the conduct of forestry as a sound and economically viable use of forested land throughout the municipality, forestry activities—including timber harvesting—shall be a permitted use by right in all zoning districts. Sections 444-1 though 444-10 apply to all timber harvesting within the municipality where the value of the trees, logs, or other timber products removed exceeds $2,000. These provisions do not apply to the cutting of trees for the personal use of the land owner or for precommercial timber stand improvement.
As used in this chapter, the following terms shall have the
meanings given in this section:
The act of cutting a standing tree so that it falls to the
ground.
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 involve any land development. (The definition
of forestry is taken from 53 P.S. § 10107 of the Pennsylvania
Municipalities Planning Code. Only forests and timberlands subject
to residential or commercial development shall be regulated under
the municipality's land development and subdivision ordinance.[1])
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 forested land, whether such
control is based on legal or equitable title or 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.
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 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, that results
in better growth, structure, species composition, or health for the
residual stand but 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
bank.
That part of forestry involving cutting down trees and removing
logs from the forest for the primary purpose of sale or commercial
processing into wood products.
The upper portion of a felled tree that is not merchantable
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, and 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." (Source: Pennsylvania Code, Chapter 105
Regulations)
A.
Each landowner shall develop and submit a copy of a logging plan
to Hellam Township, and must obtain a permit from Hellam Township
prior to commencing any timber harvesting activities. The permit must
be posted conspicuously at the entrance to the timber harvesting site.
Harvesting activities shall be strictly prohibited from commencing
until such notice permit is issued.
B.
Logging plan. Every landowner on whose land timber harvesting is
to occur shall prepare a written logging plan in the form specified
by this chapter. No timber harvesting shall occur until the plan has
been prepared and provided to the municipality. 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 Code Enforcement Officer 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.
A.
Minimum requirements. At 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.
(2)
Design, construction, and maintenance of water control measures and
structures, such as culverts, broad-based dips, filter strips, and
water bars.
(3)
Design, construction, and maintenance of stream and wetland crossings.
(4)
The general location of the proposed operation in relation to municipal
and state highways, including any access to those highways.
B.
Map. Each logging plan shall include a sketch map or drawing 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)
Location of all earth disturbance activities, such as roads, landings,
and water control measures and structures.
(4)
Location of all crossings of waters of the commonwealth.
(5)
The general location of the proposed operation to municipal and state
highways, including any accesses to those highways.
C.
Compliance with state law. The logging plan shall address and comply
with the requirements of all applicable state regulations including,
but not limited to, the following:
(1)
Erosion and sedimentation control regulations contained in Title
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 contained in
Title 25, Pennsylvania Code, Chapter 105, promulgated pursuant to
the Dam Safety and Encroachments Act (32 P.S. § 693.1 et
seq.).
D.
Relationships 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 and permit. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements of the logging plan and associated map specified in Subsections A and B of this section, provided that all information required by these subsections is included or attached.
The following requirements shall apply to all timber harvesting
operations in the municipality:
A.
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the municipality 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.
C.
All tops and slash between 25 and 50 feet from a public 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 ground.
D.
No tops or slash shall be left on or across the boundary of any property
adjoining the operation without the consent of the owner thereof.
E.
Litter resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator.
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
municipality roads caused by traffic associated with the timber harvesting
operation to the extent the damage is in excess of that caused by
normal traffic. The operator may be required to furnish a bond to
guarantee the repair of such damages.
A.
Code Enforcement Officer. The Code Enforcement Officer shall administer
and enforce this chapter.
B.
Inspections. The Code Enforcement Officer 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 document for compliance
with this chapter.
(2)
Inspect the operation for compliance with the logging plan and other
on-site requirements of these regulations. Note that active logging
sites are inherently dangerous, even when tree felling is not occurring.
No one should ever enter onto an active logging site without the proper
personal protective equipment and/or without giving prior notification
to the logging supervisor.
C.
Violation notices; suspensions. Upon finding that a timber harvesting
operation is in violation of any provision of this chapter, the Code
Enforcement Officer shall issue the operator and the landowner a written
notice of violation describing each violation and specifying a date
of not less than 30 days by which corrective action must be taken.
The Code 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.
(3)
The operation is causing immediate harm to the environment as confirmed
by local conservation district and DEP. Suspension orders shall be
in writing, issued to both the operator and the landowner, and remain
in effect until, as determined by the Code Enforcement Officer, the
operation is brought into compliance with this chapter or other applicable
statutes or regulations of the logging plan. The landowner or the
operator shall appeal an order or decision of a Code Enforcement Officer
within 30 days of issuance to the Board of Supervisors.
(4)
Penalties. Any landowner or operator who: (a) violates any provision of this chapter; (b) refuses to allow the Code Enforcement Officer access to a harvest site pursuant to Subsection B of this section; (c) fails to comply with a notice of violation or suspension order issued under Subsection C of this section, is guilty of a summary offense and upon conviction shall be subject to a fine not less than $100 plus costs. Each day the violation continues may constitute a separate offense. The enforcement of this chapter by the municipality shall be by action brought before a district magistrate in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
