As used in this chapter, the following terms shall have the
meanings indicated:
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
UNSUITABLE SOIL
Any soil that is contaminated so that it represents a violation
of groundwater quality standards, results in vapor hazards, poses
threats to human health or is considered a hazardous substance or
waste by state and federal law and regulation.
If the application is denied, the applicant may appeal the decision
of the Borough Engineer or his designee of the Borough by filing a
notice, in writing, to that effect with the Borough Clerk within 10
days after receiving notice of the decision of the Borough Engineer
or his designee. The Council shall set a time and place for a hearing
and shall so notify the applicant. The decision of the Council rendered
after a hearing shall be final.
Silt movement or redistribution conducted under a permit issued
under this chapter shall be in accordance with the following regulations:
A. Operations shall be conducted so that there shall be no sharp declivities,
pits or depressions.
B. Land shall be graded so as to conform to the approved contour lines
and grades and shall be cleared of debris.
C. Unless impractical, the top layer of soil to a depth of six inches
shall not be removed from the premises but shall be set aside and
respread over the premises when the remainder of the soil has been
removed.
D. Adequate measures shall be taken to prevent erosion or the depositing
of soil upon surrounding lands, streets or municipal facilities.
Unsuitable soil shall only be moved in accordance with state
and federal law and regulations.
For a violation of any provision of this chapter, the maximum
penalty, upon conviction thereof, shall be a fine not exceeding $1,000
or imprisonment for up to 90 days, or a period of community service
not exceeding 90 days, or any combination thereof. Each truckload
of soil removed shall be considered a separate offense under this
chapter.
[Added 10-20-2014 by Ord. No. 1813]
A. The Borough Engineer or the Superintendent of Public Works or a designee shall have the authority to enforce the provisions of Chapter
354.
B. The Borough
Engineer or his designee shall have the authority to require approval
of the installation of soil control/drainage measures, structures
and or facilities.
C. The maintenance
of all soil control/drainage measures, structures and or facilities
shall be the responsibility of the property owner.
D. The maintenance
of all soil control/drainage measures, structures and or facilities
shall be in accordance with the manufacturer's recommendation and
kept in good working condition.