Solebury Township City Zoning Code
PART 27
FORESTRY AND TIMBER HARVESTING
§ 27-2701 Policy; Purpose.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art. III]
In order to preserve forests and the environmental and economic benefits they provide, it is the policy of the 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 other values. The timber harvesting regulations contained in this part 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; and (D) avoiding unreasonable and unnecessary restrictions on the right to practice forestry.
§ 27-2702 Scope; Applicability.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art. III]
1.
A zoning permit shall be required for all forestry/timber harvesting activities, however, an individual property owner need not obtain a permit to cut a tree or trees as part of normal home maintenance and upkeep, and the following activities are specifically exempted from the permit requirement:
A.
Removal of diseased or dead trees, multiflora rose and other invasive species.
B.
Removal of trees which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.
C.
Removal of up to five trees per acre of woodland per year, not to exceed an annual total of 10 trees per lot as defined in this chapter, or any combination of adjoining lots in common ownership which are 12 inches or more in diameter, measured at breast height (dbh). This exemption is in addition to the exemptions in Subsection 1A and B hereof.
D.
Pulp farming.
E.
Christmas tree farming.
F.
Orchard operations.
G.
Tree nursery.
§ 27-2703 Definitions.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art. III]
As used in this part, the following terms shall have the meanings given them 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. Clear cutting or selective cutting of forest lands for a land use change are excluded from this definition.
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 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 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 the 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, which results in better growth, structure, species composition, or health for the residual stand but which 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.
Wood debris left in the woods after logging, including lots, 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 banks.
The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products. Clear cutting or selective cutting of forest lands for a land use change are excluded from this definition.
The upper portion of a felled tree that is unmerchantable 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 area.
§ 27-2704 Notification; Preparation of a Forestry/Logging Plan.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art. III; and as amended by Ord. 2011-4, 5/3/2011, Art. XLVIII]
1.
Notification of Commencement or Completion. For all forestry and timber harvesting operations that are expected to exceed one acre and not listed in § 27-2702 hereof, the landowner shall notify the Township enforcement officer at least 10 business days before the operation commences and prior to release of financial security posted pursuant to § 27-2707 hereof. 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.
2.
Forest Management Plan. Timber harvesting activities (except those activities exempted under § 27-2702 hereof) shall be conducted pursuant to a forest management plan prepared by a person or entity recognized as qualified by the Pennsylvania Bureau of Forestry, a copy of which shall be provided to the Township with the application for a zoning use permit. The forest management plan shall include those items specified under § 27-2705 hereof. Township shall determine the adequacy of the forest management plan with respect to the requirements of § 27-2705 hereof. No timber harvesting shall occur until the forest management plan has been prepared and filed with the Township. The provisions of the plan shall be followed throughout the operation.
3.
Responsibility for Compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
§ 27-2705 Contents of the Forest Management Plan.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art. III; and amended by Ord. 2011-4, 5/3/2011, Art. XLVIII]
1.
Plan Preparation. The forest management plan shall be prepared in accordance with silvicultural prescriptions and best management practices recognized by the Pennsylvania Bureau of Forestry and/or the DCNR. It shall incorporate provisions to assure sustainable forestry including provisions for the regeneration of the native hardwood forest by permitting specimen trees to remain to reseed the forest area, the removal of invasive and/or substandard trees and similar practices.
2.
Minimum Requirements for Timber Harvest Operation. As a minimum the plan for timber harvest operations shall include the following:
A.
Design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips and water bars.
B.
Design, construction and maintenance of stream and wetland crossings.
C.
Copies of all required permits shall be submitted as an appendix to the plan.
D.
Proof of current general liability and/or worker's compensation insurance.
E.
Proof of PennDOT Highway occupancy permit or Township driveway permit for temporary access, as applicable.
F.
Copy of Bucks County Conservation District "letter of adequacy" for the proposed erosion control facilities, including associated plans, reports and other permits as required.
3.
Map. Each forestry/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 timber 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 the crossings of all water bodies including, but not limited to, waters of the commonwealth.
E.
The general location of the proposed operation to municipal and state highways, including any accesses to those highways.
4.
Compliance with State Law. The forestry/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 Pa. 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 Pa. 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.
5.
Compliance with Federal Law/Regulations. The forestry/logging plan shall address and comply with the requirements of all applicable federal laws and regulations including, but not limited to, the best management practices (BMPs) as set forth at 33 CFR 323.4(a)(6)(i-xv).
§ 27-2706 Forest Practices.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art. III; and amended by Ord. 2011-4, 5/3/2011, Art. XLVIII]
1.
The following requirements shall apply to all forestry/timber harvesting operations in the Township.
A.
Non-silviculture harvests are prohibited including the following:
(1)
High-Grading. Selectively removing the largest and most valuable trees thereby diminishing species diversity and leaving smaller or less valuable trees behind.
(2)
Diameter Limit Cutting. A form of high-grading which harvests trees above a certain size e.g., 12-14 inches dbh.
(3)
Taking the fastest growth, largest trees and leaving lower quality trees.
B.
No harvest area shall be located within 10 feet of a property line or a private road or within 25 feet of the legal right-of-way of a public road; provided however, that the distance of a harvest area from a property line (other than the legal right-of-way of a public road) or from a private road may be reduced to any distance agreed to by the adjoining property owner or those persons having an interest in using the private road.
C.
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
D.
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property without the written consent of those property owners having the right to use the private roadway.
E.
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 surface of the ground.
F.
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.
G.
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
H.
Any soil, stones and/or debris carried onto public roadways must be removed immediately.
I.
No forestry/logging use shall be permitted within areas with slopes of 26% or greater.
J.
When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours, seeded with native grasses and mulched as necessary to establish stable ground cover.
§ 27-2707 Financial Security.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art. III; and amended by Ord. 2011-4, 5/3/2011, Art. XLVIII]
Financial security shall be established in a manner acceptable to the Township to guarantee repair of all damage that may occur to public streets due to the forestry/logging operations, and to guarantee compliance with erosion and sedimentation control plans, compliance with stormwater management plans and restoration of the site upon completion of logging operations. Pursuant to 67 Pa. Code, Chapter 189, the Township may also require the landowner or operator to furnish a bond to guarantee the repair of such roads.
§ 27-2708 Enforcement.
[Ord. 94, 6/8/1988; as added by Ord. 2006-3, 2/21/2006, Art. III; and amended by Ord. 2011-4, 5/3/2011, Art. XLVIII]
1.
Inspections. The Township Zoning Officer may go upon the site of any timber harvesting operation before, during or after active logging to: (A) review the logging plan or any other required documents for compliance with this chapter; and (B) inspect the operation for compliance with the logging plan and other on-site requirements of this chapter.
2.
Violation Notices; Suspensions. Upon finding that a forestry or timber harvesting operation is in violation of any provision of this chapter, the Township Zoning 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 Zoning Officer may order the immediate suspension of any operation upon finding that: (A) corrective action has not been taken by the date specified in a notice of violation; (B) the operation is proceeding without a logging plan; or (C) the operation is causing an environmental risk. Suspension 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 Zoning Officer, the operation is brought into compliance with this chapter, or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of the Zoning Officer in accordance with the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
3.
Penalties. Any landowner or operator who: (A) violates any provision of this chapter, or who fails to comply with a notice of violation or suspension order issued under Subsection 2 of this section, shall be subject to a fine of not less than $500, nor more than $1,000, plus costs and attorneys fees, in accordance with the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. Each day of continued violation of any provision of this chapter shall constitute a separate offense.
4.
Any operator who knowingly and willfully removes trees not designated for removal in the approved forest management plan or removes trees outside of the areas designated for removal by the forest management plan shall be subject to a civil penalty in the amount of $1,000 per tree removed in violation of the provisions of the forest management plan and this chapter.