[HISTORY: Adopted by the Mayor and Council of the Township of Berlin 6-2-1976 by Ord. No. 76:6 (Ch. 58 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous substance cleanup — See Ch. 188.
Junkyards — See Ch. 195.
Littering — See Ch. 205.
Solid waste — See Ch. 280.
The purpose of this chapter is to protect the health and safety of residents of the Township of Berlin from hazards arising from the use of land for dumps and dumping and to prevent the destruction or loss of value to property which may be caused by changes in the natural flow of surface waters when low property is filled in.
As used in this chapter, the following terms shall have the meanings indicated:
CLEAN FILL
Any noncombustible or nonorganically decomposable material.
A. 
The dumping of any material in any land other than clean fill is hereby prohibited.
B. 
The use of any land for the purpose of dumping of any material other than clean fill is hereby prohibited.
A. 
Any person, firm, organization or corporation intending to dump clean fill within the Township of Berlin must first obtain a permit issued by the Township Building Inspector.
B. 
Any person, firm, organization or corporation intending to advertise or to allow advertisement by sign or otherwise for the dumping of clean fill on land owned by said person, firm, organization or corporation must first obtain a permit issued by the Township Building Inspector.
C. 
A permit granted to either of the above is sufficient compliance.
To ensure that any land which is to be used for dumping of fill does not extend above grade, the person, firm, corporation or organization must, at the time any permit is issued, post a bond in the amount of $1,000 or a certified check in the amount of $100. Said bond or any moneys deposited shall be released only when the Township Engineer certifies that the filling operation as completed complies with good construction practices and the change in grade is not harmful to other properties.
The Building Inspector shall be charged with the enforcement of the provisions of this chapter and shall make inspections to ensure compliance with the provisions of this chapter.
The present use of any land in violation of this chapter shall cease three months from the effective date of this chapter.
This chapter shall not apply to municipal or other governmental projects approved by the Township of Berlin and to those individuals or corporations holding valid building permits requiring fill.
[Amended 7-24-2006 by Ord. No. 2006-10]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $2,500 or by imprisonment in the county jail for a term not to exceed 90 days, or both, in the discretion of the court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.