[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Chichester 9-14-1972 by Ord. No. 324 (Ch. 9, Part 1, of the 1987 Code of Ordinances). Amendments noted where applicable.]
No person shall excavate or otherwise remove any earth, soil, sand, gravel, clay, rock or any other similar earth materials (hereinafter referred to as "soil") for sale or for use other than on the premises from which the soil shall be taken, without first having procured permission therefor from the Board of Commissioners. This chapter shall not apply to the removal or sale of 1,000 cubic yards or less of soil incidental to the construction or alteration of a building on any premises, provided that permission for such removal is secured from the Building Inspector.
The Board of Commissioners 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 Township Secretary a written application requesting such permission, together with a map of the premises prepared by a registered surveyor or engineer showing the contour lines and grades prior to soil removal, the contour lines and grades resulting from such intended removal of soil in relation to the topography of the premises, and the proposed contour line, proposed finished grades, an estimate of the amount of soil in cubic yards to be removed and a proposed time table for reseeding, all of which shall be subject to the inspection and approval of the Board of Commissioners. No such permission for soil removal shall be issued until the proposed contour lines, proposed finished grades and time table have been approved by the Board of Commissioners.
[Added 4-12-1990 by Ord. No. 489]
Prior to depositing any fill, grading (other than normal gardening, lawn maintenance, etc.) no person, firm or corporation (hereinafter referred to as "person") shall modify, fill, excavate, or regrade land in any manner so as to endanger or damage any adjoining street, sidewalk, alley, or any other public or private property. No person shall deposit or place any debris or any other material whatsoever or to cause such to be thrown or placed in any drainage structure or in any manner to obstruct the free flow of water whether in a drainage ditch or on the owner's property.
No person shall place any fill on his property without first securing a grading permit. Such requirement shall apply to every owner including any dwelling unit. Such permit shall require all of the documentation as set forth in § 334-2.
Notwithstanding any other provision of this or any other ordinance or any condition of a permit granted hereunder a person obtaining a permit is responsible for the prevention of damage to other property, personal injury or any person or property which may be affected by the activity requiring a permit.
If the applicant so desires, a hearing before the Board of Commissioners for permission to remove soil shall be granted within 30 days after the applicant requests such a hearing.
The Board of Commissioners in considering and reviewing the application and in arriving at its decision shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
If after examining the application and the map provided for in §§ 334-2 and 334-3 of this chapter, and after the hearing in the event a hearing is requested by the applicant, and if the Board of Commissioners are 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 depression, stream pollution, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problems or other conditions of danger, permission to remove the soil under the terms of this chapter shall be granted.
If permission to remove the soil shall be granted, the owner shall so conduct the operations that there shall be no sharp declivities, pits, or depressions and in such a matter that the area shall be properly leveled off, cleared of debris, and graded to conform with the contour lines and grades as approved by the Board of Commissioners. The soil removal operation shall not be permitted within 60 feet of any property line, other than a public street or traveled right-of-way. In addition, the soil removal operation shall be so conducted that no loose surface material shall blow away or run off because of wind or rain. The owner shall be required to wet down with water or lay lime over the surface of the ground to keep the soil from blowing away or running off as aforesaid.
The owner of the premises, when permission has been duly granted, shall not remove from the premises the top layer of arable soil to a depth of eight inches, but such top layer of arable soil to a depth of eight inches shall be set aside for retention on the premises and shall be respread over the premises as soon as the rest of the soil has been removed, pursuant to grades and contour lines approved by the Board of Commissioners and fertilized and seeded with perennial grasses or other appropriate ground cover.
All applicants for a permit involving an area greater than 1/2 acre shall file with the Board of Commissioners a bond, in form and with surety acceptable to the Township of Upper Chichester in such an amount as in the opinion of the Township Board of Commissioners shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the provisions of this chapter. Said bond must be filed before any permit or permission for soil removal shall be granted pursuant to this section.
[Amended 11-17-1987 by Ord. No. 456]
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. The application for a permit shall be accompanied by a fee computed at the rate established by resolution of the Board of Commissioners.
In the event of refusal of the soil removal permit, the fee paid by the applicant shall be refunded, except that all monies and costs incurred by the Township of Upper Chichester for engineering surveys and reports, inspection fees, and legal fees shall be retained by the Township and the balance remaining shall be refunded to the applicant together with a statement of the cost and expenses incurred by the Township in the processing of said application. Should legal and engineering costs incurred by the Township exceed said application fee, the applicant shall be assessed the additional amounts.
[Amended 11-17-1987 by Ord. No. 456; 12-8-1988 by Ord. No. 465]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, and, in default of payment of such fine and costs, shall be subject to imprisonment for a term not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.