Hereafter, no person, firm or corporation shall excavate on or remove soil from any premises in the Borough of Lindenwold, except in connection with the constructing or alteration of a building or structure on such premises when excavation, grading or soil removal is incidental thereto, unless permission is first obtained for such purpose from the Mayor and Borough Council and also except as such restriction may be further modified or limited by the provisions of §
273-6 hereof.
In order that any person, firm or corporation may remove soil
from any premises within the Borough, the owner thereof shall first
file an application with the Borough Clerk requesting permission so
to do, which application shall be accompanied by maps or plans of
the premises showing the existing contour lines thereof and the contour
lines as they would exist after the removal of such soil, and the
maps or plans so submitted shall be subject to inspection and approval
thereof by the Mayor and Borough Council. No such permission shall
be granted until the application, together with the plans or maps
aforesaid, has been approved as aforesaid.
If permission to remove the soil shall be granted as aforesaid,
the owner of the premises from which such soil is to be excavated
or removed shall see to it that the operation shall be so conducted
that there shall be no sharp declivities, pits or depressions, and
such operation must be conducted in such manner that the area shall
be properly leveled, cleared of debris and graded to conform to the
contour lines and grades as approved by the Mayor and Borough Council.
If the Mayor and Borough Council shall approve the application
for excavation or removal of soil as aforesaid, then the owner of
the premises to be affected by such application shall file with the
Mayor and Borough Council a bond in such amount, in such form and
with such surety as is acceptable to the Mayor and Borough Council
in order to ensure the faithful performance of the work to be undertaken
pursuant to the permission granted by the Mayor and Borough Council
and in accordance with the application and the maps or plans accompanying
it and in accordance with the provisions of this chapter.
Notwithstanding the provisions of this chapter, it shall not
apply to:
A. Any person, firm or corporation who or which has acquired or obtained
or may in the future acquire or obtain soil with the intention of
stockpiling it until it or any part thereof has been sold, given or
otherwise transferred to other persons for the purpose of removing
it from the land on which it is so stored or stockpiled.
B. Any person, firm or corporation who or which is operating any sand or gravel pit in the Borough of Lindenwold; provided, however, that such person, firm or corporation operating a sand or gravel pit shall obtain a license for such purpose as provided by Chapter
253, Resource Extraction, of the Code of the Borough of Lindenwold.