All land disturbances, including agriculture, require the preparation of an erosion and sedimentation control plan for the Pennsylvania Department of Protection according to Chapter 102 of its Rules and Regulations[1] under the Pennsylvania Clean Streams Law.[2] Said plan can be used to satisfy the plan requirements of this chapter. For certain land disturbance activities, as mentioned in 25 Pa. Code § 102.31 or other applicable sections of Chapter 102 of the Rules and Regulations under the Pennsylvania Clean Streams Law, a person must obtain a permit from the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: See Title 25, Chapter 102 of the Pennsylvania Code.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
No person shall engage in land disturbance activities within the Borough without having first obtained a permit from the Zoning Officer in accordance with the procedures established herein, unless the activity involved is specifically exempted under Article IV of this chapter.
The Borough and the Conservation District shall be notified not less than 72 hours in advance of any land disturbance governed by this chapter. Not included in the 72 hours are holidays and weekends. Time shall only be Monday through Friday.
A. 
No application for a site plan, subdivision, special exception or variance submitted to the Borough or one of its agencies, such as the Planning Commission or the Zoning Hearing Board, shall be granted approval unless it includes an erosion and sediment control plan. Prior to acting upon any site plan or subdivision application the Planning Commission shall refer the erosion and sediment control plan submitted by the applicant to the Conservation District for its review and recommendation.
B. 
No building or demolition permit shall be issued for any site unless a permit shall have been obtained in accordance with the requirements of this chapter.
C. 
No certificate of occupancy/use permit shall be issued for the site unless the final completed improvements to the site have been installed in accordance with the approved erosion and sediment control plan.
D. 
The Borough Planning Commission may approve or disapprove and require modifications to the soil erosion and sediment control plan application based on the recommendations of the Conservation District. If an application is not approved by the Planning Commission, a written explanation shall be provided. If so desired, the applicant may revise and resubmit the application, thereby initiating a new review process.
E. 
For those land disturbance activities which will require municipal permits under any subdivision and land development ordinances in existence within the municipality, the period for review and notification shall be the same as that specified in said ordinances. For all other applications, the review shall be conducted and notification of results provided within 45 days of receipt of a completed application.
F. 
In issuing any permit, the municipality may attach such conditions as determined necessary within reason to prevent danger to property, either public or private, or to any sewer, storm drain or watercourse, or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include, but are not limited to, providing necessary easements, specification of work methods, or installation of specific runoff and erosion control measures. No person shall violate any conditions so imposed.
The Conservation District shall review and file a report with the municipality within a period of 30 days of submission of a complete application unless, by mutual agreement in writing between the Conservation District and the applicant, the period of 30 days shall be extended for an additional period of 30 days. The Conservation District shall notify the Borough of any such extension, and the Conservation District shall notify the Borough of the status of the application not less than 10 days prior to the termination of the review period. Failure of the Conservation District to perform such actions within such period or such extension thereof shall constitute recommendation for approval. For purposes of this section, a revision of the plan by the applicant shall constitute a recommendation for approval.