[HISTORY: Adopted by the Council of the Borough of Lawnside 6-1-1966 by Ord. No. 109-1966. Amendments noted where applicable.]
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.
A. 
Where, by reason of exceptional conditions, the strict application of any regulation enacted under this chapter would result in difficulties and undue hardship upon the owner of property, said owner may apply for a variance so as to relieve such difficulties and hardships.
B. 
No relief may be granted or action taken under the terms of this chapter unless such relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of this chapter.
C. 
In the event such relief may be granted by the Borough Council as aforesaid, the person, firm or corporation to whom or to which such relief may be granted shall not excavate, dig or mine to an excess of depth of two feet below the height of the center of the nearest highway and shall maintain such excavation, digging or mining in a level condition throughout the area being excavated; and further provided that such person, firm or corporation shall keep and maintain such excavated, dug or mined area free of water deposits and shall keep and maintain a fence at least four feet in height along the perimeter of said area in the event that such excavation, digging or mining shall result in any pit or hole in excess of a depth of four feet below the adjacent land.
A. 
Word usage. Words used in the present tense include the future; the singular number includes the plural.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL PURPOSES
The sale or commercial use of sand or other product which is excavated as distinguished from personal use of the product by the owner of the ground at the place where the same is excavated.
EXCAVATION
Includes digging or mining and applies to all sand, gravel, earth, solid or mineral products of the soil.
ROAD OR HIGHWAY
All state, county, borough or local roads, but not private roads or private rights-of-way.
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.