[HISTORY: Adopted by the Board of Supervisors
of the Township of Maidencreek 11-11-1986 by Ord. No. 96. Amendments noted where
applicable.]
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:
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.
The Board of Supervisors of the Township of Maidencreek.
Hereinafter referred to as "spent compost"; is the soil or
compost reclaimed from mushroom houses after the mushrooms have grown
and been harvested.
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.
A.
Spent compost shall not be applied as an agricultural
use, as defined above, to any land in the Township unless the owner
and/or lessee of such land has obtained and is the holder of a valid
permit issued by the Township in accordance with this chapter for
such agricultural use of spent compost.
B.
Agricultural use of spent compost shall be subject to the following regulations and conditions, and violations of any such regulations and conditions shall constitute grounds for the revocation of the Township spent compost agricultural use permit of the violator and a subsequent refusal to issue any further agricultural use permits to such violator in addition to penalties found in § 93-9 of this chapter.
C.
The Board of Supervisors of the Township of Maidencreek
hereby adopts the following regulations and conditions for the agricultural
use of spent compost as follows:
(1)
Compost is to be spread in thin layers to prevent
ponding or standing accumulations of liquids.
(2)
Compost may not be stockpiled for more than 30 days.
Maximum depth of compost shall be 30 inches on fields where compost
will be turned under the soil.
(3)
Compost shall not be applied within 100 feet of streams,
300 feet of water supplies, 25 feet of bedrock outcrops, 50 feet of
property lines or 300 feet of an occupied dwelling.
(4)
Compost shall not be applied in quantities which result
in runoff, vector or odor problems.
(5)
The permit applicant shall be responsible for controlling
runoff from any field where compost is applied. On a field where compost
has been applied, but not yet incorporated into the soil, all runoff
shall be prohibited from entering a stream, or flowing onto an adjacent
property. Temporary barriers, trenches, or other positive diversion
methods may be required.
(6)
The permit applicant shall be responsible for not
applying compost on areas where the possibility exists for contamination
of underground water supplies and/or wells.
(7)
Site characteristics for agricultural utilization:
(a)
Suitable soils shall be those that fall within
the USDA textural classes of sandy loam, loam, sandy clay loam, silty
clay loam, silt loam, and limestone.
(b)
The soils shall have a well-developed solum
with a minimum depth of four feet to bedrock.
(c)
A minimum depth of 20 inches to seasonal high
water tables shall exist.
(d)
Existing slopes on the site shall not exceed
20%.
(e)
No closed depression shall exist on site.
(f)
Depth of the permanent groundwater table shall
be a minimum of four feet.
(8)
Compost shall not be applied in such quantities as
to cause ground or surface water pollution, or adversely affect the
food chain.
(9)
Compost shall not be applied to areas subject to active
flooding.
(10)
Where exception from the above regulations is required
or violations suspected, the Township may require compost and soil
testing to identify allowable limits.
(11)
All agricultural use of spent compost shall be in
strict accordance with the regulations and conditions of this chapter
and any other regulations and conditions the Board of Supervisors
may deem necessary and adopt.
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.
