(A) No excavation that has an obvious or identified potential of creating adverse environmental circumstances, such as erosion, slip-slide areas, subsidence, significant watercourse changes, air or water pollution or similar conditions, shall be undertaken until a zoning permit has been issued by the Zoning Officer.
(B) The applicant for a permit to proceed with excavation shall obtain all permits and authorizations required by local and any other county, state and federal governmental agencies having jurisdiction over such matters, prior to approval of a zoning permit by local authorities.
(C) Normal agricultural activities, commonly and routinely engaged in by farm and residential residents in the municipality, shall not be considered excavations and shall not require permits.
(D) No cut or fill grade shall exceed a slope of three to one (3:1) or 33-1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface area including cuts or fills on land naturally exceeding 3:1 in slope.
(E) All lands steeper than ten to one (10:1) slope, from which structures or natural cover have been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such clearance activity. The phrase “a reasonable time” shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.
(F) No cutting, filling or other disturbing of land and natural vegetation is permissible within 50 feet of the centerline of natural drainage course except as permitted by action of the Zoning Hearing Board. In such cases, the Board may grant permission provided special precautions are taken to ensure against continuing erosion or other circumstances which may be harmful to the immediate watercourse or in any way pollute the stream. All such action shall be in accordance with PADEP rules and regulations.
(G) All earth moving activity shall comply with the erosion and sedimentation control amendment to the Pennsylvania Clean Streams Law of 1937, P.L. 1987 and P.L. 177 (see 35 P.S. §§ 691.1 et seq.), all requirements of the Pennsylvania Department of Environmental Protection and other applicable federal, state, county or local agency or authority having enforcement jurisdiction.
(2003 Code, § 170-55) (Ord. 2-93, passed 5-4-1993)
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