The Mayor and Council do hereby find and determine that:
A. The unregulated and uncontrolled removal of soil from
lands in the borough by certain persons has resulted in conditions detrimental
to the public safety, health and general welfare, substantially hampering
and deterring the efforts of the borough to effectuate the general purpose
of municipal planning.
B. Continuation of the unregulated and uncontrolled removal
of soil from lands in the borough will result in serious and irreparable damage
to the public welfare by soil erosion; inadequate and improper surface drainage;
the decrease or destruction of the fertility of the soil; the removal of lateral
supports for abutting streets, lands and properties; the creation of dust
and creation of mosquito breeding places; the creation of dangerous depressions
or pits; the deterioration of property values; the rendering of lands unfit
or unsuitable for their most appropriate use; and the creation of other factors
and elements hampering and deterring the coordinated, adjusted and harmonious
physical development of the borough.
For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
OWNER
Any person having title to any lot, plot, piece or parcel of land
or having such other interest or estate therein as will permit the exercise
of effective possession thereof or dominion thereover.
REMOVE
To remove from the lot, plot, parcel or premises upon which the soil
is situated to any other lot, plot, parcel or premises not contiguous to or
a part of the premises from which the soil is removed.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock or dirt without
regard to the presence or absence therein of organic matter.
TOPSOIL
Soil that, in its natural state, constitutes the top layer of earth
and is composed of 2% or more, by weight, of organic matter and has the ability
to support vegetation.
No person, except those persons referred to in §
297-8, shall
move or cause, allow, permit or suffer to be removed any soil without a permit
therefor issued by the Borough Clerk.
Any person who desires to remove soil from premises in the borough shall
apply for a permit therefor to the Borough Clerk and file with him a map of
the premises showing the proposed contour lines and proposed grades resulting
from such removal in relation to the existing topography of the premises and
adjacent premises. When the application for a permit is filed, there shall
be paid to the Clerk a fee in the sum of $25.
No permit for soil removal shall be issued unless the Borough Engineer
approves the contour lines and grades as shown on the map filed, makes a physical
examination of the lands involved and is satisfied that the removal of soil,
pursuant to the permit, will not cause any of the undesirable conditions set
forth in §
297-1. Upon such approval by the Borough Engineer and
upon filing the bond as set forth in §
297-6, the Borough Clerk
may issue a soil removal permit to the applicant. The permit shall be valid
for 90 days, unless extended by the Clerk for an additional period of 90 days.
The applicant shall file with the borough a performance bond running
in favor of the borough, in form and with surety acceptable to the borough,
in an amount to be determined after report by the Borough Engineer as to the
necessities and requirements of the undertaking. The bond shall be conditioned
that the work of soil removal shall comply with this chapter in all respects
and shall be done in proper manner in accordance with the grades and contour
lines approved by the Borough Engineer.
Nothing contained in this chapter shall prohibit the transportation
of topsoil or soil into the borough from other municipalities or prohibit
topsoil or soil from being transported from one lot to another within an area
owned or developed, if transported in accordance with an approved map, or
prevent any person in connection with the construction of a building or street
from moving or excavating soil from the premises or prohibit any person in
connection with the construction of a building or street from excavating and
grading the premises. In all such cases there shall be compliance with Chapter
305, Subdivision of Land and Site Plan Review.