This chapter shall be known and may be cited
as "The Maidencreek Township Spent Compost Permit Ordinance."
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have
the meaning herein indicated:
AGRICULTURAL USE
The use of spent or used mushroom soil and/or mushroom compost
as fertilizer or compost on viable agricultural land, excluding areas
zoned special intensified agriculture, for promoting or stimulating
the growth of plants, increasing the productivity of soil and improving
the quality of crops raised thereon. "Agricultural use" shall be any
application of compost to the soil greater than 25 cubic yards per
year.
BOARD
The Board of Supervisors of the Township of Maidencreek.
TOWNSHIP
Maidencreek Township, Berks County, Pennsylvania.
Every person, property owner and/or property
lessee intending to use spent compost for an agricultural use, as
defined above, in the Township is hereby required to apply for and
obtain a Township Spent Compost Agricultural Use Permit, in accordance
with the provisions of this chapter, at a fee, as set from time to
time by resolution of the Board of Supervisors, for each such agricultural
use of spent compost in the Township of Maidencreek, Berks County,
Pennsylvania. The permit shall remain valid for the period of two
years from the date of issuance. The permit may cover more than one
parcel of land, provided the parcels have the same owner and all such
parcels must be described on the application for a use permit.
The permit provided for in this chapter shall
be issued by the Township Zoning Officer after written application
shall have been made therefor by the person, property owner and/or
lessee required to have such permit. Such permit shall state the name
of the person to whom such permit is issued and a description of the
premises on which such agricultural use of spent compost is to be
used. The written application for the permit hereinabove mentioned
shall be accompanied by a form, every question of which must be answered,
and a description of the premises to be used in connection with such
permit, with general topographical features identified. The aforesaid
written application and form shall be provided by the Township Secretary.
When the Zoning Officer receives an application,
he shall issue a permit or refuse to issue a permit to the person,
property owner and/or lessee applying therefor after an examination
of the application and its compliance with this chapter and any other
Township ordinances, resolutions and/or regulations regulating the
use of spent compost. Should the Zoning Officer refuse to issue a
permit, the applicant may appeal such refusal to the Board within
30 days of the date of such refusal. After timely receipt of the appeal,
the Board shall set a time for a hearing thereon. At the conclusion
of the hearing, the Board may either sustain the refusal of the Zoning
Officer or direct the Zoning Officer to issue a permit.
No person, property owner and/or lessee holding
a permit under this chapter shall engage in the agricultural use of
spent compost in any place other than the place designated on his
permit. No permit issued by the Township for agricultural use of spent
compost shall be transferable.
This permit and fee for the agricultural use
of spent compost is necessary for the administration of ordinances
and regulations pertaining to the use of spent compost and the policing
of compliance to such ordinances and regulations in order to preserve
the health, safety and general welfare of the citizens of this Township.
This permit is required in addition to any and all local, state or
other permits, requirements or regulations.
Any applicant or other person or legal entity who shall violate any of the provisions of this chapter shall be subject to the general penalty provisions as prescribed in Article
I of Chapter
1, General Provisions.
Any applicant or other person or legal entity who pollutes the real or personal property of another by violating the terms of this chapter shall be subject to the general penalty provisions as prescribed in Article
I of Chapter
1, General Provisions. Said violator shall also be responsible for all costs incurred by the Township and/or owner of said property for cleaning up and eliminating said pollution. This remedy is in addition to the penalties set forth at §
93-9 above.