[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:
- AGRICULTURAL USE
- 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.
- SPENT OR USED MUSHROOM SOIL AND/OR MUSHROOM COMPOST
- 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.
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.
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.
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:
Compost is to be spread in thin layers to prevent ponding or standing accumulations of liquids.
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.
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.
Compost shall not be applied in quantities which result in runoff, vector or odor problems.
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.
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.
Site characteristics for agricultural utilization:
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.
The soils shall have a well-developed solum with a minimum depth of four feet to bedrock.
A minimum depth of 20 inches to seasonal high water tables shall exist.
Existing slopes on the site shall not exceed 20%.
No closed depression shall exist on site.
Depth of the permanent groundwater table shall be a minimum of four feet.
Compost shall not be applied in such quantities as to cause ground or surface water pollution, or adversely affect the food chain.
Compost shall not be applied to areas subject to active flooding.
Where exception from the above regulations is required or violations suspected, the Township may require compost and soil testing to identify allowable limits.
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 shall violate any of the provisions of this chapter shall be subject to the general penalty provisions as prescribed in Article I of Chapter 1, General Provisions.
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.