[HISTORY: Adopted by the Board of Supervisors of the Township
of Bethel 2-15-1972 by Ord. No. 46. Amendments noted where applicable.]
[Amended 10-8-1974 by Ord. No. 46-A]
No person shall excavate or otherwise remove any earth, soil,
sand, gravel, clay, rock or any other similar earth materials (herein
referred to as "soil") for sale or for use other than on the premises
from which the soil shall be taken, without first having procured
permission therefor from the Board of Supervisors. This chapter shall
not apply to the removal or sale of 500 cubic yards or less of soil
incidental to the construction or alteration of such building is secured.
The Board of Supervisors shall not consider any application
for the removal of soil from the premises for sale or otherwise unless
and until the owner of the premises shall first file with the Township
Secretary a written application requesting such permission, together
with a map of the premises prepared by a registered surveyor or engineer
showing the contour lines and grades resulting from such intended
removal of soil in relation to the topography of the premises, and
said proposed contour line, proposed finished grades, and an estimate
of the amount of soil in cubic yards to be removed, all of which shall
be subject to the inspection and approval of the Board of Supervisors.
No such permission for soil removal shall be issued until the proposed
contour lines and grades have been approved by the Board of Supervisors.
[Added 10-8-1974 by Ord. No. 46-A]
A.
All plans and specifications accompanying applications for permits
shall include provisions for both interim (temporary) and ultimate
(permanent) erosion and sediment control.
B.
The design, installation and maintenance of erosion and sediment
control measures shall be accomplished in accordance with standards
and specifications established by the Delaware County Conservation
District as adapted from standards and specifications of the Natural
Resources Conservation Service, United States Department of Agriculture.
(1)
Technical standards for the design and installation of erosion and
sediment control measures are on file with the Township office, the
office of the Delaware County Conservation District and other governmental
agency offices.
(2)
Standards and specifications adopted for the purpose of this chapter
and by the Delaware County Conservation District include but are not
limited to the following basic conservation measures:
(a)
Temporary cover on critical areas;
(b)
Permanent grass and legume cover on critical areas on prepared
seedbed;
(c)
Permanent grass and legume cover on critical areas on unprepared
seedbed;
(d)
Sodding;
(e)
Mulching;
(f)
Temporary diversion;
(g)
Permanent diversion;
(h)
Grassed waterway or outlet;
(i)
Grade stabilization structure;
(j)
Debris basin;
(k)
Drain;
(l)
Drainage, main or lateral.
A.
A hearing before the Board of Supervisors shall be granted to an
applicant for permission to remove soil within 30 days after the applicant
requests such a hearing. The Board of Supervisors in considering and
reviewing the application and in arriving at its decision shall be
guided and take into consideration the public health, safety, or general
welfare and particular consideration shall be given to the following
factors:
B.
If after examining the application and the map provided for in § 359-2 of this chapter, and after the hearing in the event a hearing is requested by the applicant, and if the Board of Supervisors are of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare or safety and will not result in the creating of any sharp declivities, pits, or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problems or other conditions of danger, permission to remove the soil under the terms of this chapter shall be granted.
If permission to remove the soil be granted, the owner shall
so conduct the operations that there shall be no sharp declivities,
pits, or depressions and in such a manner that the area shall be properly
leveled off, cleared of debris, and graded to conform with the contour
lines and grades as approved by the Board of Supervisors. The soil
removal operation shall not be permitted within 60 feet of property
line, other than a public street or traveled right-of-way.
The owner of the premises, when permission has been duly granted,
shall not remove from the premises the top layer of arable soil to
a depth of eight inches, but such top layer of arable soil to a depth
of eight inches shall be set aside for retention on the premises and
shall be re-spread over the premises when the rest of the soil has
been removed, pursuant to grades and contour lines approved by the
Board of Supervisors and seeded with perennial grasses or other appropriate
ground cover.
The owner of the premises, when permission has been duly granted,
shall provide manpower to keep access roads or streets clear of the
aforementioned earth materials which may accumulate as trucks enter
or leave said premises.
Before any permit or permission for soil removal shall be granted
or issued, the owner shall file with the Board of Supervisors a bond
in form and with surety acceptable to the Township of Bethel in such
amount as in the opinion of the Township Board of Supervisors shall
be sufficient to insure the faithful performance of the work to be
undertaken pursuant to the provisions of this chapter.
No excavation shall be made and no soil shall be removed under
the provisions of this chapter, unless a permit therefor shall have
been first obtained as provided herein, and no excavation shall be
made and no soil shall be removed except in conformity with the provisions
of this chapter. At the time of application, a fee to the order of
the Township of Bethel, Delaware County, Pennsylvania shall be paid
by the applicant for the permit for removal of soil from the premises.
Said fee shall be in an amount established by resolution of the Board
of Supervisors. In the event of refusal of the soil removal permit,
the fee paid by the applicant shall be refunded, except that all monies
and cost incurred by the Township of Bethel for engineering surveys
and reports, inspection fees, and legal fees shall be retained by
the Township and balance remaining shall be refunded to the applicant
together with a statement of the costs and expenses incurred by the
Township of Bethel in the processing of said application.
[Amended 6-9-1996 by Ord. No. 132]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
the maximum amount authorized by the provisions of 53 P.S. §
66601(c.1), plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this chapter.
Each and every violation and nonconformance of this chapter, or each
day that any provision of this chapter shall have been violated shall
be construed as a separate and distinct violation thereof.
Where the provisions of this chapter impose greater restrictions
than those of any statute, other ordinance or regulation, the provisions
of this chapter shall prevail. Where the provisions of any statute,
other ordinance or regulation impose greater restrictions than those
of this chapter, the provisions of such statute, ordinance, or regulation
shall prevail.
