[HISTORY: Adopted by the Mayor and Council of the Township of Berlin 6-2-1976 by Ord. No. 76:6 (Ch. 100 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land use and development — See Ch. 200.
Resource extraction — See Ch. 262.
Zoning — See Ch. 340.
No person shall excavate or otherwise remove soil for sale or for use other than on the premises from which the soil shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, without first having procured permission therefor from the Mayor and Council.
No application for the removal of soil from the premises for sale or otherwise shall be considered unless and until the owner of the premises shall first file with the Township Clerk an application requesting such permission, together with a map of the premises showing the contour lines and proposed contour grades resulting from such intended removal of soil in relation to the topography of the premises, and the proposed contour lines and proposed grades shall be subject to the inspection and approval of the Mayor and Council. No such permission for soil removal shall be issued until such map has been filed and until the proposed contour lines and grades have been approved by the Mayor and Council of the Township of Berlin.
A. 
Upon written request for a hearing made by the applicant to the Mayor and Council, an opportunity to be heard shall be granted within 30 days thereafter, and the Mayor and Council, 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. Particular consideration shall be given to the following factors:
(1) 
Soil erosion by water and wind.
(2) 
Drainage.
(3) 
Soil fertility.
(4) 
Lateral support slopes and grades of abutting streets and lands.
(5) 
Land values and uses.
(6) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
B. 
If after examining the application and the map provided for in § 275-2 of this chapter, and after the hearing in the event a hearing is requested by the applicant, the Mayor and Council shall be 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 depressions, soil erosion or fertility problems, depressed land values, nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
If permission to remove the soil shall be granted, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions, and in such a manner that the area shall be properly leveled off, cleared of debris and graded to conform to the contour lines and grades approved by the Mayor and Council of the Township of Berlin.
The owner of the premises or the person in charge of the removal of soil, when permission has been duly granted, shall not take away the top layer of arable soil for a depth of six inches, but such top layer or arable soil to a depth of six inches shall be set aside for retention on the premises and shall be respread over the premises when the rest of the soil has been removed, pursuant to levels and contour lines approved by the Mayor and Council of the Township of Berlin.
Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall file with the Mayor and Council a bond, in form and with surety acceptable to the Mayor and Council, in such amount as, in the opinion of the Mayor and Council of the Township of Berlin, shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the permission granted by the Mayor and Council of the Township of Berlin and pursuant to the provisions of this chapter.
[Amended 4-29-2019 by Ord. No. 2019-3]
The fee(s) payable hereunder shall be as set forth in Chapter 156, Fees. The fee shall be paid in full prior to the release of the performance bond required by § 275-6 hereof. Alternately, the Mayor and Council may require the payment of the fee either at the time of application for permission to remove soil or at some other time prior to the granting of permission to remove soil.
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.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment in the county jail for a term not to exceed 90 days, or both, in the discretion of the court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.