ORDINANCE NO. 158
AN
ORDINANCE OF KENNETT TOWNSHIP, CHESTER COUNTY, PA AMENDING THE ZONING ORDINANCE,
ORDINANCE NO. 50 AND THE
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE, ORDINANCE NO. 46, BY REVISING THE
TIMBER HARVESTING REGULATIONS.
The Board of Supervisors of Kennett Township HEREBY ENACTS AND ORDAINS that the Zoning Ordinance, Ordinance No. 50, and the Subdivision and Land Development Ordinance, Ordinance No. 46, as amended, be amended further as follows:
SECTION 1.
The Zoning Map of Kennett Township is hereby amended to incorporate as
addenda thereto the “Kennett Township Woodland Classification Map” and “the
Kennett Township Woodland & Riparian Corridors Plan,”
SECTION 2.
Amend Article II, Section 201 of the Zoning Ordinance, Definition of
Terms, and Article II, Section 204 of the Subdivision and Land Development
Ordinance, Specific Terms, by adding the following definitions, or revising
existing definitions where applicable, to read as follows:
Clearcutting.
The removal of all trees greater than twelve (12) inches dbh on a site,
or any portion thereof greater than one-half (0.5) acre in contiguous area,
during a single timber harvesting operation or within a three (3) year period.
Riparian Buffer.
An area of trees and other vegetation adjacent to a watercourse that
forms a transition area between the aquatic and terrestrial environment.
The riparian buffer is designed to separate more intensive human land
uses from sensitive water resources and especially to intercept runoff from
upland sources for the purpose of mitigating the effects of nutrients, sediment,
organic matter, pesticides or other pollutants prior to entry into surface
waters. The riparian buffer shall
be divided into two Zones:
A.
Zone One:
Inner Riparian Buffer - This zone shall begin at each edge of any
identified watercourse and shall occupy a margin of land on each side, each with
a minimum width of thirty-five (35) feet.
The width of such margin shall be measured horizontally on a line
perpendicular to the nearest edge of the water at bankful flow, as reviewed and
approved by the Township Engineer.
Where very steep slopes (+25%) are located within and extend beyond such margin,
Zone One shall extend to include the entirety of the very steep slopes up to a
maximum dimension of one hundred (100) feet on either side of the subject
watercourse.
B.
Zone Two:
Outer Riparian Buffer – This zone begins at the outer edge and on
each side of any area delineated within Zone One and occupies any additional
area, if any, within one hundred (100) feet of the nearest edge of any
watercourse, measured as for Zone One.
Forest Interior Habitat.
Forest
Interior Habitat is that portion of a forest or woodland, which lies beyond most
of the influences which degrade a forest from the outside - influences such as
light, wind, noise, and non-native species.
Forest Interior Habitat provides the best habitat for certain rare and
sensitive species and can be referred to as the ‘deep’ woods or the ‘heart of
the forest.’ For the purposes of
this Ordinance, Forest Interior Habitat is defined as any area meeting the
definition of Woodland which is located more than 300 feet from the outermost
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drip line of all trees along the edge of the subject woodland area.
Generalized mapping of Forest Interior Habitat is indicated on the
Kennett Township “Woodland Classification Map,”
adopted by the Board of Supervisors as an addendum to the Zoning Map of Kennett
Township.
Forest Canopy
– The aerial cover formed by the crowns of trees greater than fifty (50) feet in
height. The percentage of Forest
Canopy to be retained following any timber harvesting operation shall be
measured as the percentage of individual trees greater than fifty (50) feet in
height to be retained.
Higher Value Species
–Tree species of commercial grade equal to or greater than twelve inches (12”)
diameter at breast height (dbh) including white oak, red oak, chestnut oak, pin
oak, and black oak species.
Timber Harvesting Operation.
The disturbance for commercial purposes, and in compliance with an approved
timber harvesting plan, of more than one half (0.5) acre of woodland on any lot,
whether during a single timber harvesting operation or cumulatively in
successive operations within a three (3) year period.
The
removal of dead or diseased trees or non-native invasive species, the cutting of
trees for personal firewood use or as a part of a Christmas tree farming
operation, or the clearing of an area in accordance with an approved subdivision
or land development plan or building permit shall not be considered a timber
harvesting operation. Forestry, as
defined by the Pennsylvania Municipalities Planning Code, as amended, shall be
considered a timber harvesting operation and shall require the submittal and
approval of a timber harvesting plan.
Timber Harvesting Plan.
A description, by means of text and maps, of proposed actions involving the
removal of trees from a tract of land. Such plan shall have been prepared by a
forester with demonstrable expertise in forest management in accordance with
Section 1414, Subsection B (8).
Woodland
– A tree mass or plant community covering an area of one-quarter acre or more,
in which tree species are dominant or co-dominant and the branches of the trees
form a complete, or nearly complete aerial canopy.
The extent of any woodland plant community or any part thereof shall be
measured from the outermost drip line of all the trees in such plant community.
Woodland shall include any area where timber has been harvested within
the previous three years and/or woodland disturbance has occurred within the
previous three years which would have met the definition of woodland prior to
timbering or disturbance. Woodlands
do not include orchards or old fields.
Woodland disturbance.
A. Any activity which alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, sub canopy trees, under story shrubs and vines, woody and herbaceous woodland floor species as well as the removal of humus or duff from the ground;
B. Any activity which constitutes a land disturbance (exposes soils, alters topography) within a woodland or hedgerow;
C. Woodland disturbance does not include the following:
1. Removal of vegetation which constitutes hazardous condition(s); nor
2. Selective cutting or removal of invasive alien trees, shrubs, vines or herbaceous species including; Rosa multiflora (Multiflora Rose), Eleagnus umbellata (Autumn Olive), Lonicera japonica (Japanese Honeysuckle), Celastrus orbiculatus (Oriental Bittersweet), Acer platanoides (Norway Maple), Pueriria lobata (Kudzu) and Polygonum perfoliatum (Mile-a-Minute Weed).
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D. Where woodland disturbance is regulated as a Timber Harvesting Operation, such operation shall not be separately regulated as woodland disturbance.
SECTION 3.
Section 1414 of the Zoning Ordinance, Natural Resource Protection
Standards, is hereby amended by changing subparagraph B.6.a(1)(b) thereof to
read in its entirety as follows:
(b)
Provision for trail and
trail access;
SECTION 4.
Section 1414 of the Zoning Ordinance, Natural Resource Protection
Standards, is hereby amended by changing subparagraph B.6.a(2)(b) thereof to
read in its entirety as follows:
(b)
Timber harvesting
operation, when conducted in compliance with a Timber Harvesting Plan approved
by the Township.
SECTION 5.
Amend Article XIV, Section 1414 of the Zoning Ordinance, Natural Resource
Protection Standards, by adding the following new subparagraph 8 to paragraph B
thereof:
8.
Timber Harvesting Operations
a.
Resource Protection Standards
1.
Any timber harvesting operation shall be undertaken in accordance with a Timber
Harvesting Plan approved by the Township.
All Timber Harvesting Plans shall be submitted to the Township for review
for compliance with the standards set forth herein not less than
twenty-one (21) days prior to commencement of the timber harvesting operation.
Within fourteen (14) days of submission of a Timber Harvesting Plan to
the Township, and based on review for compliance with the standards set forth
herein, the Codes Enforcement Officer shall indicate to the Applicant approval
or denial of the submitted plan or approval subject to reasonable conditions.
2.
Any Timber Harvesting Plan submitted to the Township for review and approval
shall be consistent with the Timber Harvesting Guidelines of the Pennsylvania
Forestry Association, as applicable, and shall include a plan or plans
indicating the following information:
(a)
Site location and boundaries of both the entirety of the property upon which the
timber harvesting operation shall occur and the specific area proposed for
timber harvesting;
(b)
Significant natural features on the property including steep slopes, wetlands,
and riparian buffer zones.
(c)
Identification of the classification of the woodland or woodland(s) where the
timber harvesting operation is proposed to occur, as indicated on the Kennett
Township Woodland Classification Map;
(d)
Identification of areas of forest interior habitat where timber harvesting is
proposed to occur;
(e)
Identification of woodland or riparian corridors where timber harvesting is
proposed to occur, as indicated on the Kennett Township
Woodland & Riparian
Corridors Plan.
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(f)
The general location of the proposed operation in relation to municipal and
state highways and any proposed accesses to those highways;
(g)
Design, construction, maintenance, and retirement of the access system,
including haul roads, skid roads, skid trails, and landings;
(h)
Design, construction, and maintenance of water control measures and structures
such as culverts, broad-based dips, filter strips, and water bars; and,
(i)
Design, construction, and maintenance of proposed stream and wetland crossings.
3.
Any permits required by any other agency under any applicable regulation shall
be the responsibility of the landowner or timber harvesting operator as
applicable. Copy of all required
permits shall be submitted to Kennett Township prior to commencement of the
timber harvesting operation.
4.
The
following management practices shall apply to all timber harvesting operations:
(a)
Felling
or skidding across any public thoroughfare is prohibited without the express
written consent of the Township or Penn DOT, whichever is responsible for the
maintenance of said thoroughfare.
(b)
No tops
or slash shall be left within twenty-five (25) feet of any public thoroughfare
or private roadway.
(c)
Litter
resulting from a timber harvesting operation shall be removed from the site
before it is vacated by the operator.
(d)
The
operation shall not cause harm to the environment or any other property.
5.
No
timber harvesting operation shall be permitted within any Zone One Riparian
Buffer. No clear-cutting of timber
shall be permitted within any Zone Two Riparian Buffer.
6.
In Class
III woodlands, at least thirty (30) percent of the forest canopy shall remain in
good condition after the completion of any timber harvesting operation.
Remaining canopy trees shall be well distributed throughout the area
subject to the timber harvesting operation. At least thirty (30) percent of such
remaining canopy trees shall be comprised of higher value species as determined
by the Township forester. Where any
portion of a Class III woodland occurs within a Zone Two Riparian Buffer, in
such portion of the Class III woodland, at least forty (40) percent of the
forest canopy shall remain in good condition after the completion of any timber
harvesting operation, with such remaining trees well distributed and at least
forty (40) percent thereof comprised of higher value species as determined by
the Township forester.
7.
In Class
II woodlands, at least forty (40) percent of the forest canopy shall remain in
good condition after the completion of any timber harvesting operation.
Remaining canopy trees shall be well distributed throughout the area
subject to the timber harvesting operation. At least forty (40) percent of such
remaining canopy trees shall be comprised of higher value species as determined
by the Township forester. Where any
portion of a Class II woodland occurs within a Zone Two Riparian Buffer, in such
portion of the Class II woodland, at least fifty (50) percent of the forest
canopy shall remain in good condition after the completion of any timber
harvesting operation, with such remaining
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trees well distributed and at least
fifty (50) percent thereof comprised of higher value species as determined by
the Township forester.
8.
In Class
I woodlands, at least fifty (50) percent of the forest canopy shall remain in
good condition after the completion of any timber harvesting operation.
Remaining canopy trees shall be well distributed throughout the area
subject to the timber harvesting operation. At least fifty (50) percent of such
remaining canopy trees shall be comprised of higher value species as determined
by the Township forester. Where any
portion of a Class II woodland occurs within a Zone Two Riparian Buffer, in such
portion of the Class II woodland, at least sixty (60) percent of the forest
canopy shall remain in good condition after the completion of any timber
harvesting operation, with such remaining trees well distributed and at least
sixty (60) percent thereof comprised of higher value species as determined by
the Township forester.
9.
In
forest interior woodlands, at least sixty (60) percent of the forest canopy
shall remain in good condition after the completion of any timber harvesting
operation. Remaining canopy trees
shall be well distributed throughout the area subject to the timber harvesting
operation. At least sixty (60) percent of such remaining canopy trees shall be
comprised of higher value species as determined by the Township forester.
Where any portion of any forest interior woodland occurs within a Zone
Two Riparian Buffer, in such portion of the forest interior woodlands, at least
seventy (70) percent of the forest canopy shall remain in good condition after
the completion of any timber harvesting operation, with such remaining trees
well distributed and at least seventy (70) percent thereof comprised of higher
value species as determined by the Township forester.
10.
The
Township Engineer, Codes Enforcement Officer, and/ or Township forester shall be
permitted access to the site of any timber harvesting operation before, during,
or after active timber harvesting to review, inspect and ascertain compliance
with the provisions set forth herein.
11.
Upon
determination that a timber harvesting operation is in violation of these
regulations, each day where any violation occurs shall constitute a separate
violation subject to the provisions of this Ordinance.
ENACTED AND ORDAINED
this 16th day of
May, 2005.
KENNETT TOWNSHIP
BOARD OF SUPERVISORS
ATTEST:
_____________________________________
_________________________________
Thomas W. Nale, III, Chairman
Lisa M. Moore,
Secretary-Treasurer
_________________________________
Michael E. Elling,
Vice-Chair
_________________________________
Robert A. Hammaker