The Borough Council hereby finds and determines
that the unregulated and uncontrolled relocation, filling, excavation
and removal of soil on a large scale 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; that large soil removal operations
shall be related to the overall physical development of the area within
which such soil removal operation is located and, therefore, it is
essential that proposed soil removal operations be considered fully
by the Planning Board; and that the removal of soil should be limited
to the quantity deemed necessary to develop the premises in question
for purposes consistent with standards hereinafter established.
As used in this chapter, the following terms
shall have the meanings indicated:
MOVE
To take, to excavate, to relocate on or off the premises,
to place, to fill, to grade, to regrade, level or otherwise alter
or change the location or contour of soil, to transport, to supply.
"Move" shall not be construed to include plowing, spading, cultivation,
harrowing or any other operation ultimately associated with the tilling
of soil for horticultural or agricultural purposes.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock or dirt
without regard to organic matter.
The provisions of the chapter shall not apply
to soil moving, removal or excavation for building foundations and
septic disposal systems or for driveways necessary thereto not in
excess of 60 feet or in-ground pool; provided, however, that no moving,
removal or excavation shall take place except in accordance with a
building permit issued by the Building Inspector. A person may, however,
bring to the premises amounts of soil not exceeding 30 cubic yards
during any three-hundred-sixty-five-day period, provided the said
soil is used to repair roads, driveways or landscaping, and no permit
or fees shall be required.
If a permit is issued, the permittee shall conduct
the removal of soil subject to the following terms and conditions:
A. The permittee shall agree, in writing, to properly
level off, remove debris and grade the involved premises to the contour
lines and grades approved by the Construction Code Official and/or
Borough Engineer.
B. All soil removal operations shall be conducted only
during the hours of 7:00 a.m. and 5:00 p.m. on weekdays; provided,
however, that no trucks shall be permitted at the site of the operation
prior to 6:45 a.m. It shall be unlawful to conduct moving, grading
or excavating operations at any other times than specified herein
or on any Sunday or legal holiday.
C. The transportation of soil shall be restricted to
street routes established by the Administrator. Determination by the
administration of the street routes to be used shall be based upon
factors which contribute to the best interests of the health, safety
and welfare of the residents of the Borough.
D. To prevent air pollution by large quantities of dust
and dirt, all reasonable means shall be employed by the permittee
or the person in charge of the soil removal, grading or excavating
operation. The applicant will advise the Construction Code Official
and/or Borough Engineer of his specific means of dust control.
E. If the project disturbs more than one acre of land
or more than 5,000 cubic yards of soil, then on or before the fifth
of each month there shall be filed with the Borough Engineer a certification
by a professional engineer as to the volume of soil removed during
the previous month. The violation of this provision shall automatically
revoke the permit.
Before any permit or permission for soil removal
shall be granted or issued, the owner or applicant shall file with
the Construction Code Official and/or Borough Engineer, a bond, in
form and with surety acceptable to the Borough, in such amount as
in the opinion of the Construction Code Official and/or Borough Engineer
shall be sufficient to ensure the faithful performance of the work
to be undertaken pursuant to the permission granted in accordance
with the provisions of this section, including regrading to the contours
proposed, spreading and fine grading of the arable soil, fertilizing,
seeding and mulching and such other work as may reasonably be determined
to be necessary for the protection of the public and particularly
adjacent owners and restoration of damages caused by the approved
moving of soil.
In the event that, in the opinion of the Borough
Engineer, the project or any part thereof has been abandoned, is unnecessarily
delayed, or cannot be completed at the rate of progress or within
the time specified in the soil removal permit, or there is a violation
of any ordinance or any specific terms of the soil removal permit
or agreement entered into between the Borough and the applicant, then
the Borough Engineer may so certify in writing to the Construction
Official, and the Construction Official may, after a hearing held
on seven days' notice, declare a default and notify the person having
an interest in or in charge to discontinue the project. The Construction
Official may, at his option, revoke the soil removal permit or may
call upon the surety to complete the project.
For the purpose of administering and enforcing
this chapter, any duly authorized officer, agent or employee of the
Borough of Wharton shall have the right to enter into and upon any
lands in or upon which soil moving operations are being conducted
to examine and inspect such land.
Violation of any of the provisions of this article shall be punishable as provided in Chapter
1, General Provisions, Article
I, General Penalty.