No soil within the Borough shall be removed from the Borough
unless a permit be first applied for and obtained from the Mayor and
Council of the Borough as hereinafter provided.
Applications for any permit for any such removal shall be in
writing directed to the Director of Public Utilities of the Borough;
shall state the purpose of the removal; the depth in inches to be
removed; the volume in cubic yards to be removed, and shall be accompanied
by a map of the premises delineating and outline the premises and
showing the contours thereof. The application shall also state where
any soil to be removed is to be deposited.
[Amended 10-12-2023 by Ord. No. NP2023-16]
A. The Borough Council, on receipt of any such application from the
Director of Public Utilities of the Borough with his recommendations,
shall fix a time and place for a hearing, of which the applicant and
any other persons interested or affected shall be notified by the
Director of Public Utilities.
B. At and following any such hearing and before final action on any
such application, the Borough Council shall consider soil erosion,
soil fertility, drainage, lateral support, slopes, grades of adjoining
lands and of streets, roads, highways, and other thoroughfares, land
values and use and such other factors as may bear upon or relate to
the coordinated, adjusted and harmonious development of the Borough.
[Amended by Ord. No. 150-67; 10-12-2023 by Ord. No. NP2023-16]
A. No such permit shall be granted unless the Borough Council find the
proposed removal will not create or result in conditions inimical
to the public health, safety and welfare, will not create or tend
to create sharp, deep or unusual declivities, pits, or depressed land
values or any other condition which may be inimical to the public
health, safety and welfare.
B. Any such permit may be granted with such reasonable terms, provisions
and conditions for the protection of persons and property and for
the protection of the public health, safety and welfare, as the Borough
Council shall provide. The Borough Council may, as one of the conditions,
provide that the applicant shall procure and file a bond with the
Borough Clerk, running to the Borough, in such reasonable amount and
with such sufficient surety or sureties as the Borough Council shall
determine, conditioned for the performance by the applicant of such
soil removal in accordance with any such permit and any terms, provisions
or conditions thereof
[Amended by Ord. No. 150-67; 10-12-2023 by Ord. No. NP2023-16]
The Borough Council hereby declare and find that this chapter
is necessary, advisable and proper for good government, order and
for the protection of persons and property and for the preservation
of the public health, safety and welfare of the Borough and its inhabitants.
[Amended by Ord. No. 228-70]
A. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties provided in Chapter
1, General Provisions, Article
II, General Penalty.
[Amended 9-28-2016 by Ord. No. 2016-19]
B. This chapter shall not be construed nor is it intended to operate
so as to prevent the Borough from recovering on any performance bond
which may be required by the Borough under this chapter, nor to prevent
the Borough from revoking any such permit in the event the applicant
therefor not perform or comply with any of the terms, provisions,
and conditions of any permit so issued.