[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence 8-12-1982 as Ord. No. 516; amended
in its entirety 4-12-1984 by Ord. No. 528. Amendments noted where
applicable.]
[Amended 12-10-1992 by Ord. No. 581]
The purpose of this chapter is to set guidelines
and requirements for ground and aerial chemical spraying and to protect
general health and welfare by providing notice procedures where aerial
and ground spraying of herbicides, fungicides and pesticides is contemplated.
Spraying of herbicides, fungicides and pesticides from a
helicopter or fixed-wing aircraft.
[Amended 12-10-1992 by Ord. No. 581]
Any hydraulic spraying of pesticides, fungicides and herbicides
from the ground.
[Amended 12-10-1992 by Ord. No. 581]
Area of treatment for aerial spraying.
[Amended 12-10-1992 by Ord. No. 581]
A.
Approved sprays. Only such herbicides, fungicides
and pesticides as are registered for homegrounds use in Pennsylvania
for ground or aerial application, as approved by the Environmental
Protection Agency, United States Department of Agriculture and the
Pennsylvania Department of Agriculture and recommended by the Pennsylvania
State University College of Agriculture shall be used within the Township.
B.
Timing. Whenever possible, ground and aerial spraying
shall be done before 8:00 a.m. or after 8:00 p.m., but in no event
shall spraying be done when wind velocity is in excess of three miles
per hour.
A.
Qualified contractors. Aerial spraying of herbicides,
fungicides and pesticides within the Township shall be done only by
an individual possessing a Pennsylvania State Applicator's license
who has insurance coverage for liability for violations of the terms
of this chapter in amounts as determined from time to time by the
Board of Commissioners of the Township.
[Amended 12-10-1992 by Ord. No. 581]
B.
Permit requirement. Not less than one week prior to
any aerial herbicide, fungicide or pesticide spraying, an application
for a permit must be submitted at the Township office detailing what
chemical will be used, what area will be sprayed and what time and
date the spraying will occur. A fee as set forth by resolution of
the Board of Commissioners from time to time[1] and proof of mailing of notices to Township residents
within 500 feet of the spray block must accompany the application.
Consent of all landowners within the spray block shall be a condition
precedent to issuance of any permit. Copies of such written consents
shall be provided to the Township as part of the permit application.
[Amended 12-10-1992 as Ord. No. 581]
C.
In the event that aerial spraying is being conducted
by a governmental unit or instrumentality, notice given at the Township
meeting immediately preceding the planned chemical spraying containing
the information set forth in the preceding subsection will be sufficient
to satisfy this chapter and payment of any permit fee shall be waived.
A.
Control of spray. Where a landowner, his contractor
or agent, or a governmental unit or instrumentality engages in ground
spraying, the application shall be made in such a way as to prevent
any spray from entering upon a neighbor's property, unless the prior
consent of such neighbor shall have been obtained.
B.
Notice. Where a landowner, his contractor or agent,
or a governmental unit or instrumentality engages in ground spraying
of a herbicide that is intended to kill all plant material in an area
of the Township that exceeds 1/4 of an acre of ground, notice shall
be given at the Township office not less than one week prior to such
planned spraying, which notice shall specify what herbicide will be
used, what area will be sprayed and what time and date the spraying
will occur.
[Amended 12-10-1992 as Ord. No. 581]
[Amended 12-10-1992 as Ord. No. 581]
A.
Where a landowner, his contractor or agent, uses an unapproved spray or uses a pesticide, fungicide or herbicide in concentrations which do not meet State and Federal standards, the landowner shall be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-16, Building, health and safety violations.
B.
Where a contractor makes an aerial application of herbicides, fungicides or pesticides without having met the required qualifications or without having first secured a permit for aerial spraying, he shall be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-16, Building, health and safety violations.
C.
Where a landowner, his contractor or agent makes a ground application of a herbicide described in § 189-5B without giving the required notice to the Township, the landowner shall be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-16, Building, health and safety violations.
The Township, in passing this chapter, expresses
no opinion in favor of or in opposition to chemical spraying. Likewise,
the Township assumes no liability for the consequences of chemical
spraying or for the consequences of failing to spray.
