[1972 Code § 116-1]
The purpose of this section is to regulate and control the relocation,
filling, excavation and removal of soil in the Borough. The Mayor
and Council hereby finds and determines that the unregulated and uncontrolled
relocation, filling, excavation and removal of soil is detrimental
to the public safety, health, general welfare and proper development
of the Borough, and constitutes a deterrent to the general purposes
of municipal planning of the Borough. The lack of control and regulation
would result in serious and irreparable damage to the public welfare
by reason of soil erosion, inadequate and improper surface water drainage,
the impairment of the fertility of the soil, the removal of lateral
support of abutting streets, lands and premises, the creation of dangerous
depressions or pits, the deterioration of property values and the
rendering of land unfit or unsuitable to its most appropriate uses.
[1972 Code § 116-2]
As used in this section:
Shall mean to dig, excavate, remove, grade, regrade, level
or otherwise alter or change the location or contour, to transport
or to supply. This term shall not be construed to include plowing,
spading, cultivating, harrowing or discing of soil, or any other operation
usually and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes.
Shall mean any earth, topsoil, sand, clay, loam, gravel,
humus or dirt, without regard to the presence or absence therein of
organic matter.
[1972 Code § 116-3]
No person, firm or corporation shall move, or cause, allow,
permit or suffer to be moved or relocated, any soil in excess of 50
cubic yards from, in, or upon any land in the Borough, unless and
until a soil permit shall first have been issued by the Mayor and
Council.
[1972 Code § 116-4]
No soil permit shall be required in connection with the construction,
alteration, addition to or repairing of any building erected or hereafter
to be erected on any land, or the excavation, filling, landscaping
or grading incidental to the use of such building on the land, including
the installation, repair or replacement of a sanitary system used
in connection therewith, provided that the finished grade on such
land after completion of the work shall not be lowered to a point
more than six inches higher than the crown of the road abutting the
property upon which such building shall be located. Further, any holes
left as the result of excavation shall not be filled with stones,
boulders, debris or stumps unless they are covered with at least three
feet of soil. In no case shall any soil be moved under the provisions
of this section prior to the issuance of a building permit.
[1972 Code § 116-5]
The Mayor and Council may, upon written application, grant permits
for relocation, filling, excavation or removal of soil or other purposes,
provided the granting of such application by the Mayor and Council
does not create conditions inimical to the public health, welfare
and safety and will not result in the creation of sharp declivities,
pits or depressions and soil erosion and inadequate and improper surface
water drainage, depressed land values, drainage or sewerage problems
or other conditions or dangers.
[1972 Code § 116-6]
The application shall be made in writing to the Mayor and Council
and filed with the Borough Clerk. The application shall set forth
in detail the nature of the proposed relocation, filling, excavating
or removal of soil, describe the premises and define the purposes,
and shall be accompanied by a contour map of the premises showing
present contour lines, proposed contour lines and grades of abutting
streets and lands. The applicant shall also submit such other pertinent
data as the Mayor and Council may require.
[1972 Code § 116-7]
Upon written request of any applicant, the Mayor and Council
shall grant the applicant a hearing prior to making a determination
of the disposition of the application. At the hearing, which shall
be held within two weeks from the date of the filing of the application
with the Borough Clerk, the applicant may present such evidence as
he desires in support of his application. In determining the disposition
of each application, the Mayor and Council shall take into consideration
soil erosion, drainage, soil fertility, lateral support slopes and
grades of abutting streets, land values and uses, and such other factors
as may bear upon or relate to the coordinated, adjusted and harmonious
physical development of the Borough.
[1972 Code § 116-8]
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 acceptable form and acceptable surety and in sufficient
amount to ensure the faithful performance of the work to be undertaken
pursuant to the permission granted in accordance with the provisions
of this section.
[1972 Code § 116-9]
a.
Applicants for permits shall submit, together with their applications,
an application fee of $50 to cover the costs of reviewing and issuing
the permit.
b.
Permittees shall, within 30 days after concluding work authorized
by a particular permit, pay to the Borough the sum of three ($0.03)
cents for every cubic yard of soil removed. The total amount of soil
removed shall be verified by the Borough Engineer or such other person
who may be so authorized by the Mayor and Council.
