A. Existing Coverage: Applicant shall provide written documentation to the Board demonstrating that existing telecommunications facility sites within a 30-mile radius of the proposed site cannot reasonably be made to provide adequate coverage and/or adequate capacity to areas within the Township which lack such coverage and/or capacity. The applicant shall demonstrate that the proposed site will fill an existing significant gap in the ability of remote users to access the national telephone network. It shall demonstrate that the area the proposed site will serve is not already served by another cellular telecommunications provider. The documentation shall include, for each telecommunications facility site listed which is owned or operated by the applicant, the exact location (in longitude and latitude, to degrees, minutes and seconds to the nearest tenth), ground elevation, height of tower or structure, type of antennas, antenna gain, height of antennas on tower or structure, output frequency, number of channels, power input and maximum power output per channel. Potential adjustments to these existing telecommunications facility sites, including changes in antenna type, orientation, gain, height or power output shall be specified. Tiled coverage plots showing each of these telecommunications facility sites, as they exist, and with adjustments as above, shall be provided as part of the application.
B. Repeaters: The applicant shall demonstrate that it is not reasonably able to create adequate coverage in the Township from wireless base stations located in other townships or to fill holes within the area of otherwise adequate coverage by use of repeaters. Applicants shall detail the number, location, power output, and coverage of any proposed repeaters in their systems and provide engineering data to justify their use.
C. Towers: The applicant for new telecommunications facility utilizing a tower shall demonstrate that it has made a good faith effort to obtain permission to mount communications antenna(s) on an existing building, structure or tower. A good faith effort shall require that the applicant contact all owners of potentially suitable structures (such as, but not limited to, smoke stacks, water towers/tanks, tall buildings, other towers or poles, church steeples, or other natural or manufactured tall structures or features) within a minimum one-half (1/2) mile radius of the proposed tower site and that one or more of the following reasons, supported by engineering and other related support data, for not selecting such structure apply:
1. The proposed antenna(s) and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
2. The proposed antenna(s) and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
3. Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
4. Addition of the proposed antenna(s) and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the FCC and/or other industry standards governing human exposure to electromagnetic radiation.
5. A commercially reasonable agreement could not be reached with the owner(s) of such existing structure(s).
D. Five-Year Plan: All applications shall be accompanied by a written five-year plan for the utilization of the proposed facilities. This plan should include justification for capacity in excess of immediate needs, as well as plans for any further development within the Township.24
A. Access Roads and Utilities: Where new telecommunications facilities require construction of, or improvement to, access roads, roads shall follow the contour of the land, be constructed or improved at the edge of fields and/or forests, and where feasible, access shall be over existing driveways and easements. Applicant shall maintain the access and shall ensure that no mud or dirt is conveyed onto public roads. Utility or service lines shall be underground, and designed and located so as to minimize disruption to wildlife habitat, agricultural lands, and scenic areas.
B. Landscaping/Screening: Buffer plantings meeting the requirements of Section 520.C. of the Solebury Subdivision and Land Development Ordinance shall be provided and shall be sufficient to ensure that ground equipment and structures associated with the telecommunications facility are hidden from adjacent public roadways. Existing on-site vegetation outside the immediate site for the telecommunications facility shall be preserved. Disturbance to existing topography shall be minimized, unless the disturbance is demonstrated to result in less visual impact on the telecommunications facility from surrounding properties and other vantage points.
C. Fencing: The area around the telecommunications facility site shall be completely fenced and gated for security to a height of eight feet. Use of razor wire is not permitted. In addition, all towers and support structures shall be fitted with anti-climbing devices, as approved by industry standards.
D. Signs: A sign no greater than two (2) square feet indicating the name of the telecommunications facility owner(s) and a 24-hour emergency telephone number, either local or toll-free, shall be posted adjacent to the entry gate. In addition, radio frequency radiation (RFR) warning signs, and the federal tower registration plate, where applicable, shall be posted on the fence or as required to meet federal requirements. "No Trespassing" signs may be posted at the discretion of the telecommunications facility owner(s). No commercial signs shall be placed on any telecommunications facility.
E. Building Design:
1. Telecommunications facilities buildings shall not exceed 250 square feet, shall be designed to be architecturally similar and compatible with each other, and shall be no more than 12 feet high. The buildings shall be used only for the housing of equipment related to this particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building.
2. Except as provided herein, the only lighting on the exterior of the telecommunications facility may be a fixture on the communications equipment building not greater than 100 watts and activated by a monitor sensor. Manually operated emergency lights are permitted for use only when telecommunications facility operating personnel are on site.
Towers shall not be illuminated by artificial means and shall not display lights unless such lighting is specifically required by the FAA, FCC or other federal or state authority. In the event that any lighting is required solely as a result of tower height, the tower owner(s) shall submit for review by the Planning Commission under Site Plan Review or Site Plan Amendment, as applicable. The Planning Commission may 1) recommend that the tower height be reduced to eliminate the need for lighting, 2) recommend another suitable location be utilized, or 3) make selection among lighting alternatives.
3.The owner(s) of the facilities shall take reasonable measures to minimize noise from the operation of any machinery or equipment, as detected at the site perimeter. The noise level of the machinery shall be in compliance with the provisions of this zoning ordinance regulating noise.
F. Height of Towers and Telecommunications Facilities Combined with Existing Structure: New towers shall not exceed the minimum height necessary to provide adequate coverage for the telecommunications use proposed for the tower and shall not exceed 110 feet; provided, however, the Board of Supervisors, in its sole discretion, may permit the height to exceed 110 feet in order to accommodate co-location. The Board of Supervisors shall determine the maximum height permitted to accommodate other telecommunications facilities.
G. Antennas: Omni directional or whip communications antennas shall not exceed twenty (20) feet in height and seven (7) inches in diameter. Directional or panel communications antennas shall not exceed five (5) feet in height and three (3) inches in width. No microwave dish antennas shall be attached to a telecommunications tower.
H. Guy Wires: All guy wires associated with guyed towers shall be clearly marked so as to be visible at all times and shall be located within the fenced enclosure.
I. Co-location: Co-location of telecommunications facilities is encouraged. Owners of new towers shall agree to and allow for co-location consistent with the provisions of Section 6.4.G, and at usual and customary rates for co-locators.
J. Visual Impact: Towers, antennas, and any necessary support structures shall be designed to blend into the surrounding environment. New towers shall have a galvanized finish unless otherwise required. The Board may require the tower(s) to be painted or otherwise camouflaged to minimize the adverse visual impact except in cases in which the Federal Aviation Administration (FAA) or other state or federal authorities have dictated color.
Proposed facilities shall not unreasonably interfere with the view from any public park, conservation area, natural scenic vista, historic building or district, or major view corridor. Narrow structures with guyed supports may be preferred for aesthetic purposes.
K. Staff: The telecommunications facility shall be fully automated, unstaffed and visited only for periodic maintenance, and there shall be no water or sewage facilities connected to the compound.
L. Building Permit: Applicant shall make application for and have evidence of a Solebury Township building permit prior to construction or installation of any portion of the telecommunications facility.
M. Zoning Compliance: All telecommunications facilities shall be located on lots which meet the minimum size requirement and other regulations for the zoning district in which they are to be located, in addition to the setback requirements as provided in herein.
N. Setback and Height Requirements: No telecommunications facility or tower, including guywire anchors and protective fencing, if any, shall be located:
1. Closer than 200 feet horizontally to any property boundary of the site on which the tower is located, or the height of the tower, whichever is greater.
2. Closer than 200 feet horizontally to any structure existing at the time of application which is used as a primary or secondary residence, school property (both public and private), a hospital, senior center, child care facility, building used for religious worship, or to any other building used regularly by the public. Primary or secondary residences are those dwelling units that include toilet facilities and facilities for food preparation and sleeping.
3. Within the habitat of any state-listed rare or endangered wildlife or plant species.
4. Within 200 feet horizontally of any Pennsylvania or federally regulated wetland.
5. Within the 200 feet horizontally of the outer riparian zone, measured horizontally from any river or perennial stream.
6. Within the Township, state or federal setback requirements of an archeological site or historic structure. No telecommunications facility shall be located on a building or structure that is listed on an historic register or is in an historic district.
O. Parking: One (1) off-street parking space shall be provided within or outside the fenced telecommunications facility site.
P. At the completion of building, and/or installation, the owner shall provide the Township with a certification issued by a Pennsylvania-registered professional structural engineer that the telecommunications facility has been built in accordance with the plans submitted to the Township.25
A. Monitoring Protocol: The Board may, as the technology changes, amend this section to require the use of testing protocols other than the approved monitoring protocol. A copy of the currently approved monitoring protocol shall be on file with the Township Secretary.
B. Pre-transmission Testing: After the granting of a permit and before applicant's telecommunications facilities begin transmission, the applicant shall submit a report, prepared by a qualified telecommunications or radio frequency engineer, on the cumulative background levels of non-ionizing radio frequency radiation around the proposed telecommunications facility site and/or any repeater locations to be utilized for applicant's telecommunications facilities. The engineer shall use the monitoring protocol, or one substantially similar. This report shall be submitted to the Township, who may verify the results using an independent consultant.
C. Post-transmission Testing: After transmission begins, the owner of the telecommunications facility shall provide testing of the site as follows:
There shall be routine annual monitoring of emissions/exposure by a qualified engineer using actual field measurement of radiation, utilizing the Monitoring Protocol. This monitoring shall measure levels of non-ionizing radio frequency radiation (RFR) exposure at the telecommunications facility site and any repeaters. Each permittee shall provide a list of the most recent RFR readings at or near the site, their distances from the facility, dates of the readings, and the name of the person and company who took the readings and verify the operational levels of each telecommunications transmitter at the time of testing. In addition, each permittee shall provide additional RFR readings taken at sensitive areas within 3 miles of the facility. A report should indicate whether other permittees at the facility were notified prior to testing that RFR monitoring would occur. The notification should be attached to the report.
A.report of the monitoring results shall be prepared by the engineer and submitted to the Township, who may verify the results using an independent consultant. In the case of co-located telecommunications facility, the permittee may bill all telecommunications providers and the telecommunications facilities owner(s) equally or according to a predetermined proportionality.
In the event of any major modification of an existing telecommunications facility, or the activation of any additional channels, the telecommunications facility owner(s) shall immediately perform new monitoring, as described in this section. Minor changes, such as slight changes in frequency, shall not require additional monitoring. Permittees shall have the opportunity to demonstrate reasons for inability to comply with these provisions.
D. Excessive Exposure: Should the monitoring of a telecommunications facility site reveal that the site exceeds the current FCC standard and guidelines in existence at the time of the violation the owner(s) of all telecommunications facilities utilizing that site shall be so notified. In accordance with FCC requirements, the telecommunications facility owner(s) shall immediately reduce power or cease operation as necessary to protect persons having access to the site, tower, and/or antennas. Additionally, the telecommunications facility owner(s) shall submit to the Township a plan for the correction of the situation that resulted in excessive exposure. Failure to act as described above shall be a violation of this Zoning Ordinance and subject to fines and other sanctions consistent with this Ordinance.
E. Structural Inspection: Tower owner(s) shall arrange for an qualified consultant (a licensed professional structural engineer) to conduct inspections of the tower's structural integrity and safety. Guyed towers shall be inspected every three years unless there is cause to conduct an inspection more frequently. Monopoles and non-guyed lattice towers shall be inspected every five years unless there is cause to conduct an inspection more frequently. A report of the inspection results shall be prepared by the consultant, and a copy shall be sent to the Township within 10 business days. In the event of any major modification of the existing tower, which includes changes to tower dimensions, increase in number or types of antennas or other devices or structural modifications, the tower owner(s) shall immediately perform a new structural inspection. The Township has the right to enter onto the property and conduct inspections during the construction phase and at all times thereafter.
F. Unsafe Towers: Should the inspection required in Section 9.E. reveal any structural defect(s) which, in the opinion of the qualified consultant (a licensed professional structural engineer), render(s) that tower unsafe, the tower owner(s) shall undertake the following actions:
1. Immediately upon notification of any structural defect(s) which render(s) a tower unsafe, post warnings of same at access points to the tower; notify appropriate emergency authorities; notify the Township, and notify the landowner and owners of record of the abutting properties within the unsafe area (minimally a 360-degree area the radius of the height of the tower); when appropriate, in consultation with emergency authorities, restrict access to the unsafe area and/or encourage evacuation of residents.
2. Within 10 business days of notification of any structural defect(s) which render(s) a tower unsafe, submit to the Township a plan to correct the structural defect(s) as soon as reasonably possible. The tower owner(s) shall implement its remediation plan immediately but in no event later than 10 business days.
In the event of an alteration or addition to a previously approved telecommunications facility, the facility owner(s) shall submit to the Board an application for a permit amendment when any of the following are proposed:
A. Change in the number of buildings or other telecommunications facilities permitted on the site;
B. Material change in technology used by the telecommunications facility; or
C. Addition or change of any equipment resulting in greater visibility or structural windloading, or additional height of the tower, including profile of additional antennas, not specified in the original application.
Temporary wireless telecommunications facilities are subject to the following:
A. Use of a temporary wireless telecommunications facility requires a conditional use permit from the Board.
B. Temporary wireless telecommunications facilities are allowed for no longer than five days use during a special event.
C. The maximum height of a temporary telecommunications facility is 50 feet from grade.
D. Temporary wireless telecommunications facilities shall comply with all applicable sections herein.
Telecommunications facilities including telecommunication towers, which are determined to be damaged or in dangerous condition based upon the opinion of the Township Engineer or such other consultant has may be retained by the Township, or which are abandoned or unused, shall be subject to the following regulations. A telecommunications facility shall be deemed abandoned or unused when such a facility is not being used to broadcast or transmit radio frequency signals for any continuous period of six (6) months or more. Any telecommunications tower which is not equipped with telecommunications antenna or other facilities required for transmission of radio frequency signals for a continuous period of six (6) months shall be presumed to be abandoned.
A. The owner of a telecommunications facility shall annually, on January 15, file a declaration with the Township certifying the continuing safe operation of every telecommunications facility installed subject to this Zoning Ordinance. Failure to file a declaration shall mean that the telecommunications facility is no longer in use and considered abandoned.
B. Abandoned, unused, obsolete, damaged or dangerous telecommunications facilities shall be removed within 180 days of receipt of a notice to do so from Township unless the telecommunications facilities commence operations within the 180 day notice, or a time extension is approved by the Township within the 180 day period. In the event the facility is not removed within 180 days of the cessation of operations at a site, the Township shall send the owner(s) of the facility a Notice of Zoning Violation and, following the expiration of the period for remediation of the violation, shall request the Township to remove the facilities. Costs of removal shall be assessed against the facility owner, including any regulatory costs, disposal costs, clean up, and final landscaping costs.
C. Unused portions of facility shall be removed by facility owner(s) within 180 days of the time that such portion is no longer used for antennas. The replacement of portions of a facility previously removed shall require the issuance of a new telecommunications facility permit by the Board.
D. An owner who has failed to file an annual declaration with the Township by January 15 may, by February 15, file a declaration of use or intended use and may request the ability to continue use of the telecommunications facility.
E. At the time of filing an application for a building permit for the construction of the telecommunications facility, a bond or other financial security, in the amount of $20,000.00 wherein a tower is proposed as part of the facility and $5,000 otherwise, in the form approved by the Township Solicitor shall be deposited with the Township to assure the removal of the facility when it ceases to be used as a telecommunications facility or is found in violation of the Township's code or ordinance as provided herein. At the time of filing an application for a building permit, applicant shall also enter into a written agreement with the Township, in a form approved by the Township Solicitor, to ensure that the Removal Bond remains continuously in effect.
The owner of a telecommunications facility shall provide evidence to the Township of liability, property damage and personal injury insurance in the minimum amount of One Million Dollars ($1,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) in the aggregate covering all portions of the telecommunications facility, naming Solebury Township as an Additional Insured thereon. The owner(s) shall arrange with the insurance carrier(s) for original certificates of insurance for all renewals or cancellations of said insurance coverage to be delivered to the Township. At a minimum the following insurance requirements shall be satisfied:
A. The required insurance must be obtained and maintained for the entire period the telecommunications facility is in existence from pre-construction through final decommissioning and rehabilitation. If the operator, its contractors or subcontractors do not have the required insurance, the Township will order such entities to cease operation of the facility until such insurance is obtained.
B. Certificate(s) of insurance verifying such insurance shall be filed with the Township at the time of application. For entities that are entering the market, the certificate(s) shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse of coverage. Such certificate(s) should provide the name, address and phone number of the insurance carrier and identify an agent in case of inquiries.
C. The certificate(s) of insurance shall contain a provision that coverages afforded under such policies shall not be canceled until at least thirty (30) days prior written notice had been given to the Township. All insurance policies shall be issued by companies authorized to do business under the laws of the Commonwealth of Pennsylvania.
The telecommunications facility shall, at its sole cost and expense, fully indemnify, defend and hold harmless the Township, its officers, public officials, boards and commissions, agents and employees from and against any and all lawsuits, claims, causes of action, actions, liability and judgments for injury or damage (including but not limited to expenses for reasonable attorney fees and disbursements of the Township in connection therewith) arising out of the construction or operation of the cell tower or arising in any way out of any failure by any locator to comply with the provisions of any federal, state or local laws, rules or regulations.
A. Policy; Purpose. In order to preserve forests and the environmental and economic benefits they provide, it is the policy of the Township of Solebury 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 Sections A. through H. are intended to further this policy by (1) promoting good forest stewardship; (2) protecting the rights of adjoining property owners; (3) minimizing the potential for adverse environmental impacts; and (4) avoiding unreasonable and unnecessary restrictions on the right to practice forestry.
B. Scope; Applicability. 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:
1. Removal of diseased or dead trees, multiflora rose and other invasive species.
2. 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.
3. Removal of up to five (5) trees per acre of woodland per year, not to exceed an annual total of ten (10) trees per lot as defined in the Zoning Ordinance, or any combination of adjoining lots in common ownership which are twelve (12) inches or more in diameter, measured at breast height (dbh). This exemption is in addition to the exemptions in Subsection III.B. 1 and 2 hereof.
4. Pulp Farming.
5.Christmas Tree Farming.
6. Orchard Operations.
7. Tree Nursery.
C. Tree Replacement. Compliance with the requirements of the Tree Replacement provisions of Section 5.20 of the Solebury Township Subdivision and Land Development Ordinance ("SALDO") shall be required when a building permit is issued for a building, structure, or use affecting an area greater than 1,000 square feet. When a building permit is issued for a building, structure or use, the permittee may cut down any trees which exist in the space to be occupied by such building, structure or use, or within thirty (30) feet of such building, structure or use, and all space within ten (10) feet of all sides of any utility line, stormwater conveyance or detention structure, driveway, parking area, water system or sewage disposal system, or permitted accessory uses. Trees removed pursuant to a building permit issued in a subdivision or land development, the approval of which is subject to the Tree Replacement provisions of Section 5.20 of the Solebury Township Subdivision and Land Development Ordinance ("SALDO") or any prior ordinance regulating tree replacement shall be replaced in accordance with Section 5.20 of the SALDO. Trees removed in accordance with a Zoning Use Permit issued in accordance with the provisions hereof, shall not require replacement pursuant to the provisions of Section 5.20 of the SALDO provided that such removal is not determined to have been in anticipation of development pursuant to Section 1503 B of the Zoning Ordinance.
D. Definitions. As used in Subsection A. through H., the following terms shall have the meanings given them in this Section.
1. FELLING means the act of cutting a standing tree so that it falls to the ground.
2. FORESTRY means 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.
3. LANDING means a place where logs, pulpwood or firewood are assembled for transportation to processing facilities.
4. LITTER means discarded items not naturally occurring on the site such as tires, oil cans, equipment parts and other rubbish.
5. LOP means to cut tops and slash into smaller pieces to allow the material to settle close to the ground.
6. OPERATOR means an individual, partnership, company, firm, association or corporation engaged in timber harvesting, including the agents, subcontractors and employees thereof.
7. LANDOWNER means an individual partnership, company, firm, association or corporation that is an actual control of forest land, whether such control is based on legal or equitable title, or 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.
8. PRECOMMERCIAL TIMBER STAND IMPROVEMENT means 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.
9. SKIDDING means dragging trees on the ground from the stump to the landing by any means.
10. SLASH means wood debris left in the woods after logging, including lots, chunks, bark, branches, uprooted stumps and broken or uprooted trees or shrubs.
11. STAND means any area of forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
12. STREAM means any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and banks.
13. TIMBER HARVESTING, TREE HARVESTING, OR LOGGING means 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.
14. TOP means the upper portion of a felled tree that is unmerchantable because of small size, taper or defect.
15. WETLAND means 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.
1. Notification of Commencement or Completion. For all forestry and timber harvesting operations that are expected to exceed one (1) acre and not listed in Subsection III.B hereof, the landowner shall notify the township enforcement officer at least ten (10) business days before the operation commences and prior to release of financial security posted pursuant to subsection H. 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 Subsection III.B 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 Subsection III.F hereof. Township shall determine the adequacy of the Forest Management Plan with respect to the requirements of Subsection III.F 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.
F. Contents of the Forest Management Plan.
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; and 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; and
(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 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. §§ 691.1, et seq.);
(b) Steam 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.); and
(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].
G. Forest Practices. The following requirements shall apply to all forestry/timber harvesting operations in the Township.
1. Non-Silviculture harvests are prohibited including the following:
(a)High-grading: selectively removing the largest and most valuable trees thereby diminishing species diversity and leaving small or less valuable trees behind;
(b) Diameter limit cutting: a form of high-grading which harvests trees above a certain size e.g. 12-14 inches dbh; and
(c) Taking the fastest growth, largest trees and leaving lower quality trees.
2. No harvest area shall be located within ten (10) feet of a property line or a private road or within twenty-five (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.
3. 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.
4. No tops or slash shall be left within twenty-five (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.
5. All tops and slash between twenty-five (25) and fifty (50) feet from a public roadway or private roadway providing access to adjoining residential property or within fifty (50) feet of adjoining residential property shall be lopped to a maximum height of four (4) feet above the surface of the ground.
6. 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.
7. Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
8. Any soil, stones and/or debris carried onto public roadways must be removed immediately.
9. No forestry/logging use shall be permitted within areas with slopes of twenty-six percent (26%) or greater.
10.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 groundcover.
H. 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 Pennsylvania Code, Chapter 189, the Township may also require the landowner or operator to furnish a bond to guarantee the repair of such roads.
I. Enforcement.
1. Inspections. The Township Zoning Officer may go upon the site of any timber harvesting operation before, during or after active logging to: (1) review the Logging Plan or any other required documents for compliance with this Ordinance; and (2) inspect the operation for compliance with the Logging Plan and other on-site requirements of this Ordinance.
2. Violation Notices; suspensions. Upon finding that a forestry or timber harvesting operation is in violation of any provisions of this Ordinance, 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: (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 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 Ordinance, 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.
3. Penalties. Any landowner or operator who: (1) violates any provision of this Ordinance, or who fails to comply with a notice of violation or suspension order issued under Paragraph 2 of this subsection, shall be subject to a fine of not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00), plus costs and attorneys fees, in accordance with the Pennsylvania Municipalities Planning Code. Each day of continued violation of any provision of this Ordinance 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 One Thousand Dollars ($1,000.00) per tree removed in violation of the provisions of the Forest Management Plan and this Ordinance.
