In their interpretation and application, the provisions of this
chapter shall be held to be for the promotion of the public health,
morals and general welfare; for the elimination of dust and noise;
for the elimination of danger from deep pits in close proximity to
highways; for the conservation of the soil; and for the betterment
of the community. The provisions and requirements of this chapter
shall be held paramount to any corresponding or similar provision
of any existing law, ordinance, rule or regulation.
No excavating, digging or mining of sand, gravel, earth or soil may be done for commercial purposes in the Borough of Lawnside without first obtaining a permit therefor from the Borough Clerk in the manner as hereinafter set forth; provided, however, that the provisions of §
66-3B(1) of this chapter shall not apply to any person, firm or corporation who or which shall excavate, dig or mine sand, gravel, earth or soil for commercial purposes at any place in the Borough of Lawnside, which place is not less than one mile from any building now used as a permanent dwelling, and that no said last-mentioned excavation, digging or mining shall be within 500 feet of a public road or highway.
Applications for permits for excavating, digging or mining of
sand, soil, gravel or earth in the Borough of Lawnside shall be made
to the Borough Clerk, and no permit shall be issued by the Borough
Council unless the following have been complied with:
A. A fee of $50 shall accompany the application for the purpose of paying
the costs of administering this chapter.
B. Attached to the application shall be a survey or blueprint drawn
by a licensed engineer, which shall show the area proposed to be excavated,
dug or mined and shall indicate the distance to the closest highway
or road.
(1) No permit shall be issued by the Council if the survey indicates
that the proposed excavating, digging or mining shall be within 500
feet of a public road or highway or within 2,000 feet of any church,
schoolhouse or public building.
(2) No permit shall be issued by the Council if the survey indicates
that the proposed excavating, digging or mining shall be within 25
feet of an adjoining property owner.
This chapter shall be administered and enforced by the Borough
Clerk, who shall in no case grant any permit unless this chapter shall
have been fully complied with.
[Amended 11-3-1976 by Ord. No. 9-1976]
Any person, firm, association or corporation violating any section
of this chapter shall, upon conviction before the Municipal Court
Judge or other officer having jurisdiction, be subject to a fine not
exceeding $500 or imprisonment in the county jail for a term not exceeding
90 days, or both, and in default of the payment of any such fine,
may be imprisoned in the county jail for a term not exceeding 90 days,
all of the aforesaid, however, being in the discretion of the Judge
or other officer having jurisdiction. Any repetition of any violation
of this chapter shall be deemed a new offense.