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 governing body.
The governing body 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 grades resulting from such intended removal of soil or
earth in relation to the topography of the premises, and said proposed
contour lines and proposed grades shall be subject to inspection and
approval of the Borough Engineer and governing body. 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 Mayor and council.
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.
d. Lateral support slopes and grades of abutting streets and lands.
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, and after the
hearing in the event a hearing is requested by the applicant, the
governing body 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. Following the completion
of the removal of soil, the area shall be cleared of debris and graded
to conform to the contour lines and grades as approved by the Borough
Engineer and the governing body.
The excavation and soil removal operation shall be conducted
only between the hours of 7:00 a.m. and 6:00 p.m., prevailing time,
Monday through Saturday. The working of the excavation and soil removal
operation is prohibited on Sunday.
Before any permits or permission for soil or earth removal shall
be granted or issued, the owner or applicant shall file with the borough
Clerk a bond, in form and with surety acceptable to the governing
body, in such amount as in the opinion of the Mayor and council shall
be sufficient to insure the faithful performance of the work to be
undertaken pursuant to the provisions of the chapter.
No excavation shall be made and no soil shall be removed under
the provisions of this chapter unless a permit therefor shall be made
and no soil shall be removed except in conformity with the provisions
of the chapter.
The borough Clerk will issue a permit for the excavation and
removal of soil to the applicant upon compliance with terms of this
chapter. Said permit will be effective for a period of six months
from the date of issuance. When the excavation and soil removal work
has been in continuous operation during the period of the permit and
has been performed in accordance with the conditions under which the
original permit was granted, said permit may be renewed for a further
period of six months by the Mayor and council upon request for renewal
from the permittee.
Request for renewal shall be made by letter to the borough Clerk
at least 10 days before the expiration of the original permit or any
extension thereof. The letter shall state the name and address of
the permittee, the date of issuance of the permit which is sought
to be renewed, the location of the excavating and soil removal operation
within the borough and that the operation has been continuous, as
defined in the chapter.
A continuous operation is one in which the work of excavating
and soil removal is performed on an average of two days of every calendar
week, weather permitting, during the period of the permit.
All permits for excavation and soil removal operation which
have been issued by the Mayor and council prior to the adoption of
this chapter and which are one year old or older must be renewed.
The police department, in its regular patrol of the borough
shall establish whether movement of soil in and through the borough
has been authorized by the procurement of a soil removal permit. Infractions
of this chapter shall be brought to the local court by the police
department.
All ordinances or parts of ordinances inconsistent with this
chapter are hereby repealed.
As used in this chapter, the following terms shall have the
meanings indicated:
PREMISES
Shall mean a lot or parcel of land separated from other lots
or parcels by subdivision, plan or record of survey, as set forth
on the Official Tax Map of the Borough of Pine Hill.