Penn Hills Township
City Zoning Code
City Zoning Code
CHAPTER 1292
Forestry Regulations
§ 1292.01 Scope; Applicability.
[Ord. 2382, passed 9-18-2002]
These regulations have been established to encourage maintenance and management of forested or wooded open space 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 residential, business, and industrial zoning districts. These forestry activities shall be conditional uses and must be in compliance with Chapter 1280. §§ 1292.01 through 1292.05 shall also apply to all timber harvesting within the Municipality when activity involves the removal of more than six trees that exceed six inches in caliper. These provisions do not apply to the cutting of trees for agricultural purposes, for imminent land development applications approved by the Planning Commission or the Department of Economic Development, or to improve the utility, appearance or safety of the property. Permits for this type of work are subject to the provisions of Section 10.11.G(3) of Ordinance 2121.
§ 1292.02 Notification; Preparation of a Logging Plan.
[Ord. 2382, passed 9-18-2002]
(a)
Notification of Commencement or Completion. For all timber harvesting operations, the landowner shall notify the Enforcement Officer at least five business days before the operation commences and within two business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
(b)
Logging Plan. Every landowner on whose land timber harvesting is to occur shall arrange for and submit a written logging plan in the form specified by the Subdivision and Land Development Ordinance. A logging plan shall be submitted for every timber harvesting project, shall be prepared by a person with specific knowledge of the forestry industry, and shall be specific to the site in question. No timber harvesting shall occur until the plan has been prepared and approved by the Planning Commission in conjunction with site plan approval as described in Section 11.5.P(3) of Ordinance 2121. 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 Enforcement Officer.
(c)
Responsibility for Compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
§ 1292.03 Contents of the Logging Plan.
[Ord. 2382, passed 9-18-2002]
(a)
Minimum Requirements. As 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; and
(4)
The general location of the proposed operation in relation to Municipal and State highways, including any accesses 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; and
(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 Pa. Code, Chapter 102, promulgated pursuant to The Clean Streams Law (35 P.S. § 691.1 et seq.); and
(2)
Stream crossing and wetlands protection regulations contained in Title 25 Pa. 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. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pa. Code, Chapter 102 shall also satisfy the requirements for 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.
§ 1292.04 Forest Practices.
[Ord. 2382, passed 9-18-2002]
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 100 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 roadway 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 the operator vacates it.
§ 1292.05 Responsibility for Road Maintenance and Repair; Road Bonding.
[Ord. 2382, passed 9-18-2002]
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 the 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, and may be required to furnish a bond to guarantee the repair of such damages.
