[Ord. #382, S 12.1]
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 excavating or grading incidental thereto, without
first having procured permission therefor from the Mayor and Council.
[Ord. #382, S 12.2]
The Mayor and Council shall not consider any application for
the removal of soil 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 grades
resulting from such intended removal of soil in relation to the topography
of the premises, and the proposed contour lines and grades shall be
subject to the inspection and approval of the Mayor and Council of
the Borough. 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 Borough.
[Ord. #382, S 12.3]
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 and particular consideration shall be given to the
following factors:
a.
Soil erosion by water and wind.
b.
Drainage.
c.
Soil fertility.
d.
Lateral support slopes and grades of abutting streets and lands.
e.
Land values and uses.
f.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough.
If, after examining the application and the map provided for in subsection 21-1.2 of this 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, sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
[Ord. #382, S 12.4]
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 with the contour lines and grades as approved by
the Mayor and Council of the Borough.
[Ord. #382, S 12.5]
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 of 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 Borough.
[Ord. #382, S 12.6]
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 with acceptable surety and in sufficient
amount to insure the faithful performance of the work to be undertaken
pursuant to the permission granted in accordance with the provisions
of this .
[Ord. #382, S 12.7]
No excavation shall be made and no soil shall be removed under
the provisions of this , 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 .
