[HISTORY: Adopted by the Mayor and Council
of the Borough of Palmyra 10-13-1964 (Ch. 71 of the 1971 Code). Amendments noted where applicable.]
No person shall excavate or otherwise remove
soil for sale or for use other than on the premises from which the
soil shall be taken, except in connection with the construction or
alteration of a building on such premises and excavation or grading
incidental thereto, without first having procured permission therefor
from the Borough Council.
The Borough Council shall not consider any application
for the removal of soil from the premises, for sale or otherwise,
unless and until the owner of the premises shall first file with the
Borough Clerk an application requesting such permission, together
with a map of the premises showing the contour lines and proposed
contour grades resulting from such intended removal of soil in relation
to the topography of the premises, and said proposed contour lines
and the proposed grades shall be subject to the inspection and approval
of the Borough Council. No such permission for soil removal shall
be issued until such map has been filed and until the proposed contour
lines and grades have been approved by the Borough Council.
A.
Upon written request for a hearing made by the applicant
to the Borough Council, an opportunity to be heard shall be granted
within 30 days thereafter, and the Borough Council, in considering
and reviewing the application and in arriving at its decision, shall
be guided by and take into consideration the public health, safety
and general welfare, and particular consideration shall be given to
the following factors:
B.
If, after examining the application and the map provided for in § 226-2 of this chapter and after the hearing, in the event a hearing is requested by the applicant, the Borough Council shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, or depressed land values nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
If permission to remove the soil shall be granted,
the owner or person in charge shall so conduct the operations that
there shall be no sharp declivities, pits or depressions and in such
a manner that the area shall be properly leveled off, cleared of debris
and graded to conform to the contour lines and grades as approved
by the Borough Council.
The owner of the premises or the person in charge
of the removal of soil, when permission has been duly granted, shall
not take away the top layer of arable soil for a depth of six inches,
but such top layer of arable soil to a depth of six inches shall be
set aside for retention on the premises and shall be respread over
the premises when the rest of the soil has been removed, pursuant
to levels and contour lines approved by the Borough Council.
Before any permit or permission for soil removal
shall be granted or issued, the owner or applicant shall file with
the Borough Council a bond, in form and with surety acceptable to
the Borough, in such amount as in the opinion of the Borough Council
shall be sufficient to insure the faithful performance of the work
to be undertaken, pursuant to the permission granted by the Borough
Council pursuant to the provisions of this chapter.
No excavation shall be made and no soil shall
be removed under the provisions of this chapter unless a permit therefor
shall have been first obtained as provided herein, and no excavation
shall be made and no soil shall be removed except in conformity with
the provisions of this chapter.
[Amended 6-13-1988 by Ord. No. 1988-7]
Any person, firm or corporation violating any
of the provisions of this chapter shall be subject to a fine not exceeding
$500 or imprisonment in the county jail for a term not exceeding 90
days, in the discretion of the Palmyra Municipal Court before which
such conviction shall be had. Each and every violation and nonconformance
with this chapter, or each day that any provision of this chapter
shall have been violated, shall be construed as a separate and distinct
violation thereof.
[Added 6-13-1988 by Ord. No. 1988-7]
The following application fees shall be collected
by the Borough Clerk when an application for permission to remove
soil is presented:
A.
Fifteen dollars per 100 cubic yards to be removed
with a minimum fee of $100.
B.
For applications to remove over 5,000 cubic yards
of soil, the Borough Council may negotiate the deferred payment of
the application fee over the term of the permit at a fee agreed to
between the applicant and the Borough Council, but in no event less
than $15 per 100 cubic yards.
[Added 6-13-1988 by Ord. No. 1988-7]
The applicant shall establish an escrow fund in the amount of 6% of the bond guaranty amount required to be filed with the Borough Council pursuant to § 226-6 of this chapter. Said fund shall be used to pay the fees of any professional personnel employed to process, review, inspect and make recommendations on the application. If at any time the escrow fund shall be deemed insufficient by the Borough Council to cover actually anticipated expenses, said fund shall be subject to increase on demand. Any excess of the funds in the escrow account at the time of final completion of the project will be returned to the owner or applicant upon his request in writing and upon certification by the Borough Engineer.
[Added 6-13-1988 by Ord. No. 1988-7]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes those portions or components of the earth's surface
commonly known as "soil, topsoil, dirt, clay, marl or earth, whether
fertile or infertile, sand or gravel" or any combinations of them
with each other or with any other common components of the earth's
surface, such as rocks, stones, pebbles or other decomposed vegetative
or animal matter or mineral components of the earth's surface.
