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.
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.