(A) Earth moving and grading including, but not limited to, removal of vegetation and/or changes in topography are activities regulated by this subchapter.
(B) Earth moving and grading activities shall be subject to the requirements of state soil erosion and sedimentation control regulations, the borough zoning ordinance, as adopted by reference in Chapter 155 of this code of ordinances, the borough subdivision and land development ordinance (Chapter 154 of this code of ordinances), and the borough floodplain ordinance (Chapter 152 of this code of ordinances), and the borough stormwater management ordinance Chapter 153 of this code of ordinances) whether or not it is regulated by this subchapter.
(C) Notwithstanding anything to the contrary set forth in this section, no permit shall be required pursuant to this subchapter in the following circumstances:
(1) Earth disturbance for the purposes of normal agricultural operations, gardening and topsoil preparation for planting of grass or other vegetative groundcover;
(2) Earth disturbance for the purposes of residential accessory structures or residential accessory uses where the aggregate area of earth disturbance at any one time does not exceed the following criteria:
(a) One thousand square feet when the earth disturbance is no closer than 20 feet to a lot line;
(b) One thousand five hundred square feet for lots smaller than one acre in size when the earth disturbance is no closer than 20 feet to a lot line, top of bank of any stream or watercourse, wetland, riparian corridor or steep slope, (that is greater than 15%);
(c) Two thousand square feet for lots of one acre in size or larger but smaller than three acres in size when the earth disturbance is no closer than 50 feet to a lot line, top of bank of any stream or watercourse, wetland, riparian corridor or steep slope, (that is greater than 15%); and
(d) Four thousand square feet for lots of three acres in size or larger but smaller than five acres when the earth disturbance is no closer than 50 feet to a lot line, top of bank of any stream or watercourse, wetland, riparian corridor or steep slope, (that is greater than 15%).
(3) Earth disturbance, for any purpose, no closer than 100 feet to a lot line, top of bank of any stream or watercourse, wetland, riparian corridor or steep slope, (that is greater than 15%) regardless of the size of the lot; and
(4) Earth disturbance necessary for the construction or repair of public utilities and/or roads by public agencies, and/or Public Utility Commission regulated utility companies.
(Ord. 218-2006, passed 6-5-2006)