CHAPTER 77 LOGGING AND FOREST MANAGEMENT

Transcription

1 77.1 Definitions 77.2 Intent 77.3 Permit required CHAPTER 77 LOGGING AND FOREST MANAGEMENT 77.4 Requirements for logging and the cutting of trees 77.5 Survey 77.6 Timber Harvest Plan 77.7 Fees 77.8 Bond 77.9 Penalty Civil Remedies [History: Adopted by the Board of Supervisors of the Township of Findlay as Ord. No Revised by Ord. No Amendments noted where applicable.] General Reference Definitions; Rules of Interpretation - See Ch Definitions BUFFER ZONE (LOGGING) - Land surrounding the immediate perimeter of a logging operation in which no cutting of trees or other vegetation shall occur except for the isolated cutting of individual trees which are dead, damaged, sick, infected, or constitute a danger to neighboring properties or the public generally. CLEARCUTTING - A logging method that removes all trees

2 77 FINDLAY CODE 77 from a tract of land or portion thereof. (A) CUTTING BLOCK - 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. DIAMETER LIMIT CUTTING - The practice of cutting all and only all trees above a certain diameter within the area logged. FORESTER - A person with a degree in forestry from a college or university accredited by the Society of American Foresters and who has experience in wood lot management. LANDOWNER - An individual, partnership, company, firm, association, or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or on 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 therefore, on their behalf, such as forestry consultants, who set up and administer timber harvesting. LOGGING - The act of cutting live trees for cord wood, timber, pulp or for any commercial purpose, excepting therefrom the cutting of trees by a property owner on his/her own property for his/her own use, or the clearing for planting crops or cutting fruit trees on an existing farm in the AG - Agricultural District, or the clearing necessary for land for which an APPLICATION FOR DEVELOPMENT has been approved by the TOWNSHIP where the clearing is in the area where STRUCTURES are being erected or PUBLIC IMPROVEMENTS are being provided. 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 logging, and in a logging operation. A logging operation shall include the acts of tree harvesting, site clean up and site restoration. LOGGING PERMIT - Permit issued to a person or entity

3 77.2. Intent. wishing to be involved in logging in the Township. OPERATOR - An individual, partnership, company, firm, association, or corporation engaged in logging, including the agents, subcontractors, and employees thereof. PROFESSIONAL FORESTER - 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. SLASH - All debris resulting from logging including stems, limbs, and parts thereof. TOPS - The part of a felled tree which is left above the part of the tree to be utilized by the logger. TOWNSHIP FORESTER - A professional forester appointed by the Township Board of Supervisors. The intent of this section is to: Provide for the regulation of tree harvesting practices and to allow for and encourage proper forest management with the Township in order to ensure: That the right to harvest trees is exercised with due regard for the protection of physical property That the potential for negative environmental impacts resulting from improper and excessive tree harvesting is minimized That there is a proper adherence to the conditions outlined in and required by the Storm Water Management Act, Act No. 167 of 1978, 32 P.S et seq.; the Clean Streams Law, Act. No. 222 of 1932, 35 P.S et seq.; and the Dam Safety and Encroachments Act, Act No. 325 of 1978, 32 P.S et seq. and all regulations and ordinances promulgated and enacted thereunder

4 77 FINDLAY CODE Permit required Permit Required - Logging operations within the Township of Findlay on any parcel of property over one acre in size shall require a permit Application Procedures. Application for a logging permit shall be made in writing to the Code Enforcement Officer on forms supplied by the Township. Such application shall be accompanied by two (2) copies of the following: a. A site plan as described in Section 77.5; b. Forest Management Plan as described in Section 77.6; c. An Erosion and Sedimentation Control Plan as approved by the Allegheny County Conservation District. A copy of the agencies review/approval comments should be attached; d. Property bond and road bond if applicable as described in Section 77.8; e. Insurance certificates as described in Section 77.8; and f. Application fee as set forth in Section 77.7 (two copies not necessary) The Township appointed Professional Forester and the Code Enforcement Officer shall examine the application and either approve or reject said application within 30 days after all necessary filing and required information have been submitted. If the application is rejected, the Code Enforcement Officer shall inform the applicant in writing, stating the reasons for such rejection. The Applicant or other aggrieved person may appeal the Code Enforcement Officer s decision to the Board of Supervisors who shall hold a Local Agency Hearing. The Board of Supervisors may affirm, reverse or modify the decision appealed from and may impose any conditions or safeguards necessary to protect the public health, safety and welfare and to promote the objectives of this Ordinance. The Board of Supervisors may, as part of its decision, grant modifications or waivers to the requirements of the Ordinance if it finds that strict compliance with the requirement(s) will create an undue hardship on the applicant and such modification and/or waiver will not adversely affect environment and the public health, safety or welfare Validity of Permit Cutting Blocks The permit shall be issued by the Township for the entire

5 site but subject to review for each cutting block. The logging operation must be completed to the satisfaction of the Township in one cutting block prior to commencement of logging operation in the next cutting block. A logging operation which moves from one cutting block to another without first receiving the approval of the Township is subject to penalties and other appropriate legal processes. The cutting block phase numbers shall be shown on the forest management plan as prepared by a professional forester. A logging permit shall be valid for a period of one year. A one time six month extension may be granted when requested in writing. If logging is conducted without or in violation of a Township permit, the landowner and the logging operator shall each be in violation of this Ordinance and each shall be fully subject to all applicable fines and penalties Requirements for logging and cutting of trees Logging Logging shall be done only in accordance with a forest management plan prepared by a Forester, two (2) copies of such plan shall be filed with the Township along with the appropriate application fees. All forest management plans and the logging itself shall comply with the following requirements: Diameter-limit cutting shall NOT be permitted Clearcutting shall NOT be permitted unless approved by the Township Forester, who may approve clearcutting if he finds that clearcutting will assist in forest regeneration and will not cause excessive erosion and sedimentation and will not be done within 50 feet of any public road right of way or of any abutting property An erosion and sedimentation control plan designed to prevent and/or control erosion and sedimentation during and after the logging operations and a Soils and Erosion Plan approved by the Soil Conservation Service of Allegheny County shall be submitted at the same time the forest management plan is filed

6 77 FINDLAY CODE All cutting, removing, skidding and transporting of trees as part of the logging shall be planned and performed in such manner as to minimize the disturbance of or damage to other trees, vegetation and the land itself Roads and trails shall be constructed, maintained and abandoned in such manner as to prevent soil erosion and permanent damage to soil and waterways Roads and trails shall be only wide enough to accommodate the type of equipment used and grades of such roads and trails shall be kept as low as possible Where possible, stream crossings shall be avoided but where deemed necessary, crossings shall be made at a right angle across suitable culverts or bridges Skidding across live or intermittent streams is prohibited except over bridges or culverts Buffer zones of fifty (50) feet along all abutting properties shall be maintained on the property on which the logging is being conducted Buffer zones of twenty-five (25) feet along any streets, streams and around any springs shall be maintained on the property on which the logging is being conducted Everything practicable shall be done to prevent damage or injury to young growth and trees not designated for cutting Felling or skidding on or across property of others is prohibited without the express written consent of the owners of such property. Felling or skidding on or across any public street is prohibited without the express written consent of the Township (in the case of Township streets), the Pennsylvania Department of Transportation (in the case of State highways) or Allegheny County (in the case of

7 County roadways) No tops or slash shall be left: within fifty (50) feet of any public street or adjoining property; within twenty-five (25) feet of any stream or historic or scenic trail; or within ten (10) feet of any drainage ditch The stumps of all felled trees shall be permitted to remain in the soil for stabilization purposes During periods of abnormal forest fire danger, as determined by the Township Fire Chief, the Township shall have the right to order a suspension of logging until such danger subsides Upon completion of the logging, all roads shall be seeded with annual grasses and access to such roads from public street by motor vehicles of any kind shall be effectively blocked Application for a Logging Permit shall be accompanied by a site plan of the affected property with the area of trees to be cut down shown thereon. It shall be the responsibility of the landowner and/or the operator to assume all costs of such site plan, including, without limitation, the Engineer s site plan expense Before logging begins, all trees which are 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 trees shall be felled which have not been designated for removal on the forest management plan as finally approved by the Township The holder of a Logging Permit shall notify the Township at least forty-eight (48) hours before the cutting of any trees is to begin in connection with the construction of any roads or trails The holder of a Logging Permit shall notify the Township at least forty-eight (48) hours before the

8 77 FINDLAY CODE 77 cutting of trees for removal from the site is to begin The holder of a Logging Permit shall notify the Township at least forty-eight (48) hours in advance of the expected completion date of the logging and shall further notify the Township immediately upon said logging s completion The Township, by its own personnel or by its agents hired for the purpose, may go upon the site of any proposed logging operation upon receipt of an application to conduct logging thereon for the purpose of reviewing the plans for the proposed logging and thereafter recommending or opposing the proposed logging or recommending or requiring changes or modifications thereto After a Logging Permit has been issued, the Township shall have the right, by its own personnel or by its agents hired for the purpose, to go upon the logging site at any time to insure that there is compliance with the plans for said operation as such plans have been finally approved and with all of the terms and provisions of this Chapter Logging shall not be undertaken on any ground with a slope exceeding twenty-five percent (25%) or in landslide prone areas or flood prone areas All logging debris, including trees, tops and branches shall either be hauled from the site or properly mulched on the site and spread and the property shall be completely restored to a pre-logging condition by the holder of a Logging Permit Any roads or grading to facilitate roads, inherent with the logging shall be reseeded by the holder of a Logging Permit to restore the property to its pre-logging condition Proper erosion and sedimentation control measures shall be taken by the holder of a Logging Permit on disturbed property to prevent accelerated water run-off No tree may be cut which is the largest of its species in the Commonwealth of Pennsylvania

9 No on-site retail sale of harvested wood or logs shall be permitted from the property unless the property is located in a commercial zoning district which permits such use No portable sawmills are permitted unless approved by the Township Forester Site plan The site plan shall include the following as a minimum. A. Location Map B. North arrow and Date of Preparation C. Contours referenced to U.S.G.S. datum D. Existing and proposed roads, rights-of-ways, easements, streams, structures, and property lines. E. Total acreage of the site and total acreage of logging area. F. Areas of trees to be logged must be shown. G. Cutting blocks subdivision of the site must be shown Forest Management Plan The forest Management Plan shall be prepared by a Professional Forester and shall show the following as a minimum. A. Ingress/Egress onto public roadway(s) where construction entrance shall be placed. B. Landing areas, stream crossings and logging trails. C. Areas of trees to be logged shall be designated by the cutting block phase number. The phase number shall depict the order of logging. D. Type and rate of seeding/mulching to be used and where it will be placed to stabilize the soil after logging Fees The fee for the processing of a Logging Permit

10 77 FINDLAY CODE 77 shall be as provided in Chapter 59, Fees Bonds/Insurance Prior to the commencement of logging, the holder of the Logging Permit shall post a bond written by a surety company authorized to do business in the Commonwealth of Pennsylvania, with the Township as obligee, such bond not to exceed five thousand dollars ($5,000) and to be posted to guarantee restoration of the property A further bond shall be required of the holder of a Logging Permit to guarantee restoration of Township roadways In lieu of the bond, other security deemed acceptable to the Township (e.g. cash or irrevocable letter of credit issued by a commercial bank or savings and loan association) may be posted The applicant for a Logging Permit shall submit to the Township evidence of: Worker s compensation coverage or other insurance providing coverage to all persons involved in the logging; Property damage insurance in the event the logging shall cause damage to the real or personal property of adjacent property owners or third persons; and Liability insurance for injuries caused to third persons on the property with or without the permission of the logging operator Violation notices; suspensions Upon finding that a timber harvesting operation is in violation of any provision of this ordinance, the Township enforcement officer shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken. The Township 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; or (3) the operation is causing an immediate environmental risk. Suspension

11 orders shall be in writing, shall be issued to the operator and the landowner, and shall remain in effect until, as determined by the Township enforcement officer, the operation is brought into compliance with this ordinance or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of an enforcement officer within thirty days of issuance to the Board of Supervisors,who shall hold a Local Agency Hearing Penalty Any person violating this Chapter shall be subject to the provisions of Chapter 5, Enforcement of Ordinances; Penalties Civil Remedies In addition to the penalties prescribed in Section 77.9 and above for violation of this Chapter, the Township shall be entitled to commence or pursue any civil action at law or equity to compel compliance with the terms and conditions of this Chapter, and any remedies so pursued shall not be deemed mutually exclusive