[Ord. 1658, 4/16/2001]
It shall be unlawful in the pursuit of land development when
such development has been suspended or terminated for whatever reason
to leave any lot or parcel or portion thereof in a condition where
soil, rock, or other materials are piled in mounds or where discarded
pieces of concrete, asphalt, bricks, shingles, siding, lumber, or
other discarded paving or construction materials are exposed beyond
grading lines or where holes or depressions are left in the ground
or where the land is otherwise left disturbed without grading or seeding.
Whenever such condition occurs or persists after one year following
the date of the initial land disturbance made pursuant to land development,
it shall be the duty of the landowner or land developer to remove
any mounds of earth or other materials, to fill in holes and depressions,
to cover any exposed discarded materials by grading, and to restore
the disturbed area by spreading topsoil in a uniform fashion and planting
grass so that the lot or parcel is not denuded and does not appear
to be in a barren or abandoned condition. To the extent that it is
reasonably possible, the grading and seeding of the disturbed area
shall match the condition existing prior to the initial land disturbance.
[Ord. 1658, 4/16/2001]
Such removals, grading and seeding shall be done by the compliance
date stipulated within an enforcement notice provided by the Borough
of State College. The landowner or land developer shall be afforded
at least 30 days' time following the date of the notice to achieve
compliance. Upon failure to comply with such notice, the Borough of
State College may cause the removal of all mounded materials and exposed
discarded materials, and may grade and seed the disturbed area as
needed to obtain compliance. The Borough of State College shall be
entitled to collect from the landowner or land developer all costs
incurred to obtain compliance. Such cost shall be in addition to any
penalties that are assessed against the landowner or land developer.
If said costs are not paid in full within 90 days of the billing for
same, the amount shall become a lien against the property that may
be collected as prescribed by law.
[Ord. 1658, 4/16/2001]
Any person, firm, partnership or corporation who or which violates
any of the provisions of this ordinance shall, upon conviction thereof,
be sentenced to pay a fine of not less than $300 and the costs of
suit or, in default of payment thereof, to undergo imprisonment for
not more than 30 days in County Prison. Each continuing day of violation
shall be deemed a separate offense.
[Ord. 1658, 4/16/2001]
As used in Part H of this chapter, the following terms shall have the meanings indicated:
An area of a lot subject to land disturbance.
Any of the following:
Causing any disturbance to the ground by moving soil, earth,
rock, minerals, or other materials or by dumping, digging, drilling,
blasting, or excavation activity.
Mounding soil, earth, rocks, or other materials on top of the
ground.
Removing topsoil or vegetation to such extent that the lot or
parcel or a substantial portion thereof is denuded.
