Edgeworth City Zoning Code
ARTICLE III
General Provisions
§ 130-7 Use limitation.
There shall be only one permitted principal use on any recorded lot, tract or parcel within the Borough of Edgeworth.
§ 130-8 Conformance required; permits, licenses and approvals.
After the effective date of this chapter as defined in § 130-120, except for existing legal nonconforming uses or structures, no structure or building shall be erected, reconstructed, structurally altered, enlarged or moved and no structure, building, lot or land shall be used, occupied or designed to be used unless in conformance with the regulations specified herein for the zoning district in which it is located and with all other applicable provisions of this chapter and then only after apply for and securing all permits, licenses and approvals required by all laws, ordinances, resolutions and codes.
§ 130-9 Conformance with height, occupancy, lot and yard restrictions required.
No building or structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families or persons, to occupy a greater percentage of lot area or to have a narrower or smaller yard than is herein specified for the zoning district in which the building or structure is located.
§ 130-10 Yards and open space requirements.
No part of a yard or other open space about any building, structure or use required for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or open space similarly required for another building, structure or use except where specifically authorized.
§ 130-11 Public and private utility lines.
Public and private utility lines for the transportation, distribution and control of water, sewage, gas, electricity, oil, steam, telegraphic and telephone communications and cable television lines and their supporting members other than buildings shall not be required to be located in specific zoning districts.
§ 130-12 Forestry regulations.
Forestry, as defined, shall be a permitted use in all base zoning districts when in compliance with the following:
A.
Permit procedures:
(1)
A permit, issued by the Borough Manager, shall be required for all logging or forestry activities.
(2)
A review of the forest management or forest-harvesting plan by the Borough of Edgeworth Planning Commission shall precede the issuance of any logging permit.
(3)
Two copies of the management or harvesting plan shall be submitted to the Borough Secretary a minimum of 30 days prior to a regularly scheduled meeting of the Borough of Edgeworth Planning Commission, accompanied by an administrative fee as set by Borough Council by resolution.
(4)
Failure to secure such permit prior to initiating the logging activity or upon receipt of notice to do so shall result in the filing of enforcement action against the property owner and operator.
(5)
For each day that a violation of these provisions continues beyond the compliance date, a judgment consistent with § 130-103 shall be imposed.
B.
Logging and cutting of trees.
(1)
Logging shall be done only in accordance with a forest management or forest harvesting plan prepared by a forester or qualified professional, a copy of which plan shall be filed with the Borough of Edgeworth. All forest management and harvesting plans and the logging operation itself shall comply with the following requirements:
(a)
Trees, forests and secondary forests shall be protected as follows: No clear-cutting of a forest or secondary forest shall be permitted.
(b)
An erosion and sedimentation plan shall be submitted prior to the start of logging operations.
(c)
All cutting, removing, skidding and transporting of trees shall be planned and performed in such manner as to minimize the disturbance of or damage to other trees and vegetation and the land itself. All points of entry and exit to and from the property will be clearly marked. No other points of entry or exit will be utilized.
(d)
Roads and trails shall be constructed, maintained and abandoned in such manner as to prevent soil erosion and permanent damage to soil and waterways.
(e)
Roads and trails shall be only wide enough to accommodate the type of equipment used and grades shall be kept as low as possible.
(f)
Where possible, stream crossings shall be avoided, but where deemed necessary, crossing shall be made at a right angle across suitable bridges or culverts.
(g)
Skidding across or through live or intermittent streams is prohibited except over bridges or culverts.
(h)
Buffer zones of appropriate dimensions shall be maintained on the property on which the logging operation is being conducted along all streets and abutting properties, and around streams or springs on the tract being logged.
(i)
Everything practical shall be done to prevent damage or injury to young growth and trees not designated for cutting.
(j)
All limbs and stubs shall be removed from the felled trees from the site prior to skidding. All slash and tops shall be removed from the site.
(k)
No trees shall be left lodged in the process of felling.
(l)
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 Borough of Edgeworth in the case of Borough streets, or the Pennsylvania Department of Transportation in the case of state highways.
(m)
Logging shall not be undertaken on any ground in a landslide or flood-prone area.
(n)
The use of Borough roads will require the posting of a bond for logging vehicles. The amount of the bond will be set by the Borough Engineer. The bond will be posted with the Borough prior to the issuance of a permit. No permit, even if issued, will be valid until a proper bond is posted.
(o)
No sales of wood, bark mulch or logs shall be permitted unless the property is in a commercial zone.
(p)
Tops to a maximum height of four feet or slash shall be disposed of by the contractor or property owner.
(q)
The stumps of all felled trees shall be permitted to remain in the soil for stabilization purposes.
(r)
Littering is prohibited and during and upon completion of a logging operation all cans, bottles, paper, garbage and other litter of any type shall be removed from the property.
(s)
Upon completion of a logging operation, all roads shall be graded to eliminate any wheel ruts, and access to such roads from any public street by motor vehicles of any kind shall be effectively blocked except as necessary for the passage of appropriate vehicles.
(t)
All felled trees shall be removed from the property in sections not exceeding 24 feet in length.
(u)
When a logging operation has been completed, the property shall be replanted with trees of a similar nature measuring a minimum of two feet in height to replace each tree that was cut.
(2)
Before the logging operation 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 tree shall be felled which has not been designated for removal on the forest management plan as finally approved by the Borough of Edgeworth.
(3)
The holder of a permit to conduct a logging operation shall notify the Borough, in writing, by fax, or telephone, within one week before the cutting of trees is to begin in connection with the construction of roads or trails, weather permitting.
(4)
The holder of a permit to conduct a logging operation shall notify the Borough, in writing, by fax or telephone, within one week before the cutting of trees for removal from the site is to begin, weather permitting.
(5)
The holder of a permit to conduct a logging operation shall notify the Borough at least one week in advance of the expected completion date of the logging operation, and shall notify the Borough immediately upon said operation's completion, weather permitting.
(6)
The Borough may, by its own personnel or outside persons hired for the purpose, go upon the site of any proposed logging operation after an application to conduct such operation has been filed for the purpose of reviewing the plans for the proposed operation.
(7)
After a permit for logging operation has been issued, the Borough shall have the right, by its own personnel or by outside persons hired for the purpose, to go upon the site before, during and after the logging operation to insure and require compliance with the plans for said operation as finally approved and all of the terms and provisions of this chapter.
(8)
The holder of a permit to conduct a logging operation shall be notified of an inspection within a week of its scheduled date or a minimum of 48 hours prior to said site inspection.
C.
Contents of the forest management or forest harvesting plan.
(1)
Minimum requirements. As a minimum, the logging plan shall include the following:
(a)
Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails and log landings.
(b)
Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bags.
(c)
Design, construction, and maintenance of stream and wetland crossings.
(d)
A stand prescription for each stand located in the proposed harvest area.
(e)
The specific location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
(2)
Map. Each logging plan shall include a site map containing the following information:
(a)
Site location and boundaries, including both the boundaries of the property on which the lumber harvest will take place and the boundaries of the proposed harvest area within that property.
(b)
Significant topographic features related to potential environmental problems.
(c)
Location of all earth disturbance activities such as roads, landings, and water control measures and structures.
(d)
Location of all crossings of waters of the commonwealth.
(e)
The specific location of the proposed operation to municipal and state highways, including any accesses to those highways.
(3)
Compliance with state law. The logging plan shall address and comply with the requirements of all applicable state laws and regulations including, but not limited to, the following:
(a)
Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.)
(b)
Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.)
(c)
Stormwater management plans and regulations issued pursuant to the Stormwater Management Act (32 P.S. § 680.1 et seq.)
(4)
Relationship 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. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pennsylvania Code, Chapter 102, shall also satisfy the minimum requirements for the logging plan and associated map specified in this section, provided that all information required by these paragraphs is included or attached.
D.
Individual lots. Lot owners may cut and remove trees on their lots subject to the following:
(1)
Clear cutting is prohibited.
(2)
The authorization in this section to cut and remove trees does not apply to logging activities.
E.
Penalties. Any person violating this article, whether as an individual, principal, agent, employer or employee of another, shall, upon conviction by the District Magistrate, be subject to a fine, plus costs of prosecution, in the discretion of the District Magistrate. Each separate violation of this article and each day such violation continues or occurs shall constitute a separate offense.
§ 130-13 Pending Ordinance Doctrine.
Nothing in this article shall in any way vitiate the application of the Pending Ordinance Doctrine, as set forth by any court holding in the Commonwealth of Pennsylvania.
