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.
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, 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.