[HISTORY: Adopted by the Board of Commissioners of the Borough of Mount Ephraim 9-16-1957 by Ord. No. 210 (Ch. 81 of the 1973 Borough Code). Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater quality — See Ch. 363.
Streets, sidewalks and driveway aprons — See Ch. 369.
Flood damage prevention — See Ch. 459.
Land use procedures — See Ch. 470.
Site plan review — See Ch. 495.
Stormwater control — See Ch. 512.
Subdivision of land — See Ch. 518.
Zoning — See Ch. 525.
No person shall excavate or otherwise remove soil or earth for sale or for use other than on the premises from which the soil or earth 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 Borough Commissioners.
The Mayor and Borough Commissioners of the Borough of Mount Ephraim shall not consider any application for the removal of soil or earth from the premises for sale or otherwise unless and until the owner of the premises shall first file with the Borough Clerk an application requesting such permission, together with a map of the premises showing the contour lines and proposed contour lines and proposed contour grades resulting from such intended removal of soil or earth in relation to the topography of the premises, and the said proposed contour lines and proposed grades shall be subject to the inspection and approval of the Mayor and Borough Commissioners of the Borough of Mount Ephraim. No such permission for soil or earth 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 Borough Commissioners of the Borough of Mount Ephraim.
A. 
Upon written request for a hearing made by the applicant to the Mayor and Borough Commissioners, an opportunity to be heard shall be granted within 30 days thereafter, and the Mayor and Borough Commissioners, in considering and reviewing the application and in arriving at their decision, shall be guided by and take into consideration the public health, safety and general welfare, and 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 Borough.
B. 
If, after examining the application and the map provided for in § 504-2 and after the hearing in the event a hearing is requested by the applicant, the Mayor and Borough Commissioners 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, 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 manner 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 Mayor and Borough Commissioners of the Borough of Mount Ephraim.
Before any permits or permission for soil or earth removal shall be granted or issued, the owner or applicant shall file with the Mayor and Borough Commissioners a bond, in form and with surety acceptable to the Borough of Mount Ephraim, in such amount as in the opinion of the Mayor and Borough Commissioners of the Borough of Mount Ephraim shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the permission granted by the Mayor and Borough Commissioners pursuant to the provisions of this chapter.
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.[1]
[1]
Editor's Note: Original § 81-7, Violations and penalties, as amended, of the 1973 Borough Code and which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).