[HISTORY: Adopted by the Board of Supervisors of the Township of
Concord 4-1-1968 by Ord. No. 46. Amendments
noted where applicable.]
A.
The Board of Supervisors of the Township of Concord finds
and determines that extensive unregulated excavation, removal, relocation
and filling of soil within the township can result in conditions detrimental
to the health, safety and general welfare of the populace.
B.
Such unregulated practices can result in the following
conditions in the township:
(1)
The presence of declivities and pits which retard the
normal drainage of surface water and provide breeding places for mosquitoes
and other harmful vermin.
(2)
The permanent destruction of the plant-growing capability
of land from which the soil has been removed.
(3)
The increased potential for the destruction by wind and
water erosion of land adjacent to premises stripped of soil.
(4)
The depression of the market value of adjacent land for
either agricultural or development purposes because of the blighted appearance
of the denuded land.
C.
Such soil-stripping practices will result in the destruction
of the taxable wealth of the township and retard the ability of the township
to supply necessary community services and facilities to its constituents.
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 1,000 cubic yards or less of soil incidental to the construction or alteration
of a building on any premises, provided that permission for such removal is
secured by the Building Inspector when the permit for 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.
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 § 98-3 and after the hearing in the event that a hearing is requested by the applicant, the Board of Supervisors is 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 creation of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values nor create any drainage, sewerage problems or other conditions of danger, then permission to remove the soil under the terms of this chapter shall be granted.
If permission to remove the soil shall 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 any 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 respread 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.
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 Concord, 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 Concord, Pennsylvania, shall be paid
by the applicant for the permit for removal of soil from the premises. Said
fee shall be in an amount set from time to time by resolution of the Board
of Supervisors, as stated in the application and certified on the topographical
map. In the event of refusal of the soil removal permit, the fee paid by the
applicant shall be refunded, except that all moneys and costs incurred by
the Township of Concord for engineering surveys and reports, inspection fees
and legal fees shall be retained by the Township, and the balance remaining
shall be refunded to the applicant, together with a statement of the costs
and expenses incurred by the township.
[Amended 12-3-1996 by Ord. No. 206]
A.
Any person who shall violate any provision of this chapter
or who permits the violation of any provision of this chapter shall pay a
fine of $600.
B.
Each violation for each separate day and each violation
of any provision of this chapter shall constitute a separate and distinct
violation.
C.
Any person who violates or permits the violation of any
provision of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by Concord Township, pay the fine prescribed
by this chapter, plus all court costs, including reasonable attorney fees,
incurred by Concord Township.
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.
