As a follow up:
After the building inspector/zoning officer showed up and told us we needed a soil erosion control permit, we called them and said we thought they were wrong. Unfortunately, one is difficult to understand on the phone so we also emailed and said that we did not think we needed a permit because of the provisions of the PA right to farm act, and the fact that we were only mowing (again, no grubbing, no soil exposure, etc.). We got no response to this email. The following day (last Friday - July 20th), we received a cease and desist letter. It reads:
Dear Mr. and Mrs. XX:
Please be advised that the above referenced property is in violation of Code of Ordinances of Charlestown Township, Part 5 - Stormwater Management, specifically Sections 23-304 and 23-305. You must cease and desist all work current in progress on the property...including but not limited to clearing for agricultural operations, woodcutting and earthmoving activities.
No later than two weeks from the date of this letter you must submit plans and supporting documentation as required by Section 23-305 of the Code of Ordinances.
Pursuant to Section 23-505 of the Code of Ordinances, failure to comply with this Notice constitutes a summary criminal offense subjecting you to per diem fines of up to $1000 for each day the violation occurs, including any fees incurred by the Township, and a term of imprisonment not to exceed 90 days.
Please be advised that you have the right to appeal the directions set forth in this Notice to Charlestown Township within 30 days of the date the notice.
If you have any questions concerning this determination, please feel free to call me...
This seemed like very harsh treatment. They show up on Wednesday, we tell them we don't think we need a permit via email (getting no response on Thursday), and on Friday they slap us with a cease and desist letter threatening Jail time and huge fines. Again, all we have done is mow with a brush-hog on a skid steer and a brush hog mounted on the back of a TN75 New Holland tractor. No digging, no knocking over trees, etc.
After looking through the ordinance, it appears as if this one line is what concerns them:
Land Disturbance - any activity which causes land to be exposed to the danger of erosion, including clearing, earthmoving, grading, filling, logging and woodcutting, plowing, and any other activity resulting in the movement of earth or stripping of vegetative cover.
To me, this definition would include pretty much everything you do on a farm except mowing. As it stands now, however, we are unable to do anything and are waiting for guidance from the Township, and then from the county soil conservation service.
The whole process is incredibly confusing and scary.
