Hempfield Township City Zoning Code
ARTICLE XXIV
Timber Harvesting and Logging
§ 87-162 Purpose.
The purpose of this article is to provide for technical standards that will enable the Township to better provide the balance the Township has traditionally attempted to achieve between protecting the Township's natural resources and reasonable land use. This improvement will be achieved by establishing updated permit criteria, amending plan requirements and clarifying bonding regulations.
§ 87-163 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Removing all or a majority of trees from the area logged.
An area of property to be logged, defined by natural features and/or property boundaries, and determined by a professional forester. Each cutting block shall be identified by a number assigned by the professional forester hired by a landowner to conduct a sale.
A constructed road of dirt and/or gravel utilized for moving cut trees from the point where they are loaded on a truck to the exit from the site.
The act of cutting/harvesting live or dead trees for cordwood, for timber, for pulp or for any commercial purpose, excepting therefrom a landowner and/or any agent of a landowner cutting on the property of the landowner for the use solely of the landowner. 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 cleanup and site restoration.
A person who has earned a four-year college degree in forest management and can demonstrate expertise in environmentally sound forest management/timber harvesting practices.
The dragging of trees on the ground from the stump to the landing by any means.
An earthen road on which cut logs are dragged, "skid," from the woods to a landing area, usually with a rubber-tired machine called a "skidder."
All organic debris resulting from logging operations, including stems, limbs and parts thereof. "Tops" shall be the word used to refer to the upper portion of a felled tree not normally merchantable. Typically, a top becomes part of the slash produced by a logging operation.
§ 87-164 Permit requirements.
A.
A permit is required for all logging operations within the Township on any parcel of property over two acres in size. If parcels smaller than two acres are to be logged by the same logging operation, and the total of said parcels is in excess of two acres, a permit shall be required. The permit shall be issued by the Township for the entire 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 any logging operation in the next cutting block. A logging operation which moves from one cutting block to another without first receiving approval from the Township is subject to § 87-175, Civil penalty, and other appropriate legal processes. The cutting block phase numbers shall be shown on the timber harvesting plan as prepared by a professional forester, referred to in § 87-168, Application procedures. A logging permit shall be valid for a period of 18 months. A one-time six-month extension shall be granted when requested in a statement from the professional forester hired by the property owner or logging operator. 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 article, and each shall be fully subject to all applicable fines and penalties.
B.
In the event timbering or harvesting is incidental to a land development, the logging operation shall comply with any requirements established for the issuance of a National Pollutant Discharge Elimination System (NPDES) permit for said land development.
§ 87-165 General requirements.
A.
The Westmoreland Conservation District (WCD) must review the erosion and sedimentation control plan of the owner and/or logger who seeks to operate, or cause to operate, a logging operation. Proper erosion and sedimentation control measures, as outlined in the comment letter issued by WCD, shall be implemented prior to any commencement of logging activities on the property and throughout the duration of such logging activities to prevent accelerated water runoff. The first logging activities shall be construction of the roads, trails, landings and such. The erosion and sedimentation control measures shall be maintained throughout the logging operation and until seeding or natural vegetation has germinated or 20% of the cover has been achieved.
B.
Haul roads shall be laid out at grades not exceeding 8%. Skid roads should be laid out at grades not exceeding 20%. The distance between culverts, cross ditches, broad-based dips and water bars must not be greater than the distance specified in Publication 3630-BK-DEP2322 (4/99), "Controlling Erosion and Sedimentation from Timber Harvesting Operations." A copy of the publication is available at the Township office.
C.
Timber harvesting and logging operations shall be conducted in accordance with the requirements of Article XVIII, Natural Resource Protection Overlay District, where applicable. Disturbed area(s) shall be revegetated in accordance with the Westmoreland County Conservation District best management practices.
§ 87-166 Use of Township streets.
A.
For all logging operations, prior to hauling on any Township street, a bond shall be posted in accordance with § 87-167. The Township Engineer and/or his designee shall prepare a report prior to hauling, in order to establish the existing street condition, and for the purpose of establishing reasonable times and conditions for hauling logs so that damage to the street will be minimized, which conditions may include, without limitation, limiting hauling to dry periods. The Township shall be notified during normal working hours as to when hauling will begin from a cutting block so that the first truck can be followed to determine if the street is being damaged.
B.
A logging operation shall keep any street over which it hauls logs, or other logging residue, clean and free of mud and debris to the extent that such street, mud, debris or similar material is the result of vehicles traveling to and from the logging operation. At the point of access, the logger shall construct an aggregate entrance area to support the street edge. No parking of logging vehicles or storage of logs shall be permitted in the road right-of-way. Water from the logging area shall not be discharged onto the street surface.
§ 87-167 Bonds required.
A.
Performance bond. Prior to the commencement of a logging operation, the applicant shall post a bond, written by a surety company authorized to do business in the Commonwealth of Pennsylvania, with the Township identified as the obligee, in an amount to be determined by the Township to a maximum amount of $10,000, which bond shall guarantee restoration of the property logged or of any other property damaged by the logging operation. Determinations shall be based upon actual area of soil disturbance as delineated in the Township-approved logging plan. The Township shall be given 48 hours' advance notice, in writing, by the contractor, owner or any other party conducting a logging operation for the purpose of permitting the Township to inspect the site and approve/disapprove logging work proposed to begin on a cutting block which has not previously been the subject of logging under the approved timber harvesting plan. Such initial notice may not be given on a weekend or official Township holiday and must be hand-delivered to the Township's offices. In lieu of a bond, other security acceptable to the Township (e.g., cash or irrevocable letter of credit issued by a bank of savings and loan) may be posted with the Township.
B.
Vehicles over posted weight bond.
(1)
Prior to hauling on any Township street, the applicant for the logging permit shall post a separate maintenance bond to guarantee the continual restoration of streets damaged by the hauling. The amount of the bond shall be set as follows:
(2)
Vehicles over the posted weight shall comply with requirements as established by Township ordinances governing same.
§ 87-168 Application procedures.
A.
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 a timber harvest plan, erosion and sedimentation control plan, performance bond in the full amount, fee, insurance certificates, and, if applicable, proof of a written timber sales contract between the property owner and logging company.
B.
The timber harvest plan, prepared by a professional forester, shall show the following:
(1)
Point of access onto public street(s) where the construction entrance is to be placed, log landing areas, stream crossings and logging trails.
(2)
Areas of trees to be harvested must be designated by the cutting block phase numbers. The phase number shall depict the order of harvesting.
(3)
Type and rate of seeding/mulching to be used and where it will be placed to stabilize the soil after logging operations. (See Attachment A.[1])
[1]
Editor's Note: Attachment A is included as an attachment to this chapter.
C.
The erosion and sedimentation control plan as approved by the Westmoreland Conservation District. A copy of that agency's review comments shall be attached.
§ 87-169 Fee schedule.
The application fee shall be determined from time to time by the Board of Supervisors by resolution or motion. Pending further action by the Board of Supervisors, the application fee shall be $300, plus the amount of any costs to the Township under this article, including but not limited to any fees related to the appointment and services of the Township Engineer and Township Solicitor.
§ 87-170 Insurance.
The harvesting operator shall, at all times throughout the timbering operation, maintain insurance, with insurance companies licensed to do business in Pennsylvania, against such risks, loss, damage and liability (including liability to third parties) and for such amounts as are customarily insured against by other enterprises of like size and type, including, without limitation:
§ 87-171 Action on application.
A.
The Township shall examine said application and related required information to determine compliance with all applicable codes and ordinances within 30 days after all necessary filing and required information has been submitted. The Township shall either approve or reject said application within that time frame. If the application is rejected, the Township shall inform the applicant, in writing, stating the reasons for such rejection.
B.
Review of application by others. A copy of all plans and applications for proposed logging to be considered for approval may be submitted by the Code Enforcement Officer to any other appropriate persons or agencies, Commonwealth of Pennsylvania Department of Conservation and Natural Resources: Bureau of Forestry, Fish and Boat Commission, Bureau of Dams and Waterways Management, etc. These will also be available to the public for inspection.
§ 87-172 Inspection; stop-work orders.
A.
From time to time, as he may deem advisable, the Township's Code Enforcement Officer or a duly appointed Township representative shall inspect the work done under the approved plans, specifications, timing schedule and permit.
B.
Whenever the Township's authorized representative finds that work under any permit fails to conform to the approved plans, specifications and time schedule, he may, as he deems reasonably necessary in reliance upon the criteria set forth in this article, by written order, direct suspension of other work until conformance has been achieved or direct such other measures that he deems reasonably necessary in the circumstances for control of erosion and sedimentation on the site and for compliance with this article.
§ 87-173 Appeal of permitting decisions and stop-work orders.
Any person aggrieved by a permit decision or stop-work order may file a written appeal within 30 days of the date of the decision or order appealed from. The appeal shall be filed, along with the applicable fee, in the Township Manager's office. The Board of Supervisors shall hold a Local Agency Law hearing on such appeal and may affirm, reverse or modify the decision or order appealed from. The Board of Supervisors may impose, as part of its decision, any conditions and safeguards necessary in order to protect the public health, safety and welfare or to protect private or public property and to promote the objectives of this article. The Board of Supervisors, as part of its decision, may adjudicate constitutional law issues and may grant relief from any substantive requirement herein where full compliance with the requirement, due to unique physical conditions of the land to be logged, is not reasonably possible and where waiving the requirement will not result in significant adverse environmental consequences or in any violation of applicable laws or regulations.
§ 87-174 Liability.
Neither the issuance of permits under the provisions of this article nor the compliance with the provisions hereto or with any conditions imposed by the Board of Supervisors hereunder shall relieve any person from the responsibility for damage to any persons or property otherwise imposed by law, nor impose any liability upon the Township for damages to persons or property. Nothing in this article is to be interpreted as eliminating or reducing the immunities (statutory or common law/traditional) enjoyed by the Township or its elected or appointed officials.
§ 87-175 Civil penalty.
Any person who violates or fails to comply with any of the provisions of this article shall, upon being found liable therefor in a civil enforcement action, be subject to a civil fine of not more than $1,000 for each and every violation, along with all court costs, plus the Township's reasonable attorneys' fees incurred in connection with the violation. Each day that the violation continues shall be a separate violation. In addition thereto, the Township may institute injunctive, mandamus or any other appropriate action or proceedings at law or equity for the enforcement of this article or to correct violations of this article, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief.
§ 87-176 Conflict; interpretation.
When provisions of this article conflict with other applicable regulations, codes or laws, the more-stringent regulation or legislation shall apply. As is the case with all legislation, this article is to be interpreted utilizing a rule of reason that will best allow for the attainment of the balance between the public and private the article seeks to achieve. Furthermore, the article is to be interpreted and applied, to the extent possible, so that it meets all federal and state constitutional requirements and statutory requirements. If any aspect of the article is finally determined to violate constitutional and/or statutory requirements, through the process of appellate litigation, that aspect of the article shall be deemed excised or reformed to the extent necessary to cause the remainder of the article to remain legally enforceable.