[HISTORY: Chapter 25 adopted by Ord. No.
568. Chapter 25 as amended through January 1, 2018,
readopted in entirety by Ord. No. 2020-1235 on May 11, 2020.]
[Ord. No. 568; Ord. No. 2020-1235]
As used in this chapter:
Any earth, topsoil, sand, clay, loam, gravel, humus or dirt,
without regard to the presence or absence therein of organic matter.
[Ord. No. 568; Ord. No. 2020-1235]
No person, firm or corporation shall move, or cause, allow,
permit or suffer to be moved or relocated, any soil in excess of 50
cubic yards from, in or upon any land in the Borough of Manville,
unless and until a soil permit therefore shall first have been issued
by the Mayor and Council.
[Ord. No. 568; Ord. No. 2020-1235]
No soil permit shall be required in connection with the construction,
alteration, addition to or repairing of any building erected or hereafter
to be erected on any land, or the excavation, filling, landscaping
or grading incidental to the use of such building on the land, including
the installation, repair or replacement of a sanitary system used
in connection therewith, provided that the finished grade on such
land after completion of the work shall not be lowered to a point
more than six inches higher than the crown of the road abutting the
property upon which the building shall be located. Further, any holes
left as the result of excavation shall not be filled with stones,
boulders, debris or stumps unless they are covered with at least three
feet of soil. In no case shall any soil be moved under the provisions
of this section prior to the issuance of a building permit.
This Chapter shall not apply to any development subject to the
jurisdiction of the Somerset-Union Soil Conservation District.
[Ord. No. 568; Ord. No. 2020-1235]
The Mayor and Council may, upon written application, grant permits
for relocation, filling, excavation or removal of soil or other purposes,
provided the granting of such application by the Mayor and Council
does not create conditions inimical to the public health, welfare
and safety and will not result in the creation of sharp declivities,
pits or depressions and soil erosion and inadequate and improper surface
water drainage, depressed land values, drainage or sewerage problems
or other conditions or dangers.
[Ord. No. 568; Ord. No. 2020-1235]
The application as herein provided shall be made in writing
to the Mayor and Council and filed with the Borough Clerk. The application
shall set forth in detail the nature of the proposed relocation, filling,
excavating or removal of soil, describe the premises and define the
purposes, and shall be accompanied by a contour map of the premises
showing present contour lines, proposed contour lines and grades of
abutting streets and lands. The applicant shall also submit such other
pertinent data as the Mayor and Council may require.
[Ord. No. 568; Ord. No. 2020-1235]
Upon written request of any applicant, the Mayor and Council
shall grant the applicant a hearing prior to making a determination
of the disposition of the application. At the hearing, which shall
be held within two weeks from the date of the filing of the application
with the Borough Clerk, the applicant may present such evidence as
he desires in support of his application. In determining the disposition
of each application, the Mayor and Council shall take into consideration
soil erosion, drainage, soil fertility, lateral support slopes and
grades of abutting streets, land values and uses, and such other factors
as may bear upon or relate to the coordinated, adjusted and harmonious
physical development of the Borough.
[Ord. No. 568; Ord. No. 2020-1235]
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 acceptable surety and in sufficient
amount to ensure the faithful performance of the work to be undertaken
pursuant to the permission granted in accordance with the provisions
of this chapter.
[Ord. No. 568; Ord. No. 2020-1235]
a.Â
Applicants for permits shall submit, together with their applications,
an application fee of $50 to cover the costs of reviewing and issuing
the permit.
b.Â
Permittees shall, within 30 days after concluding work authorized
by a particular permit, pay to the Borough the sum of three ($.03)
cents for every cubic yard of soil removed. The total amount of soil
removed shall be verified by the Borough Engineer or such other person
who may be so authorized by the Mayor and Council.
[Ord. No. 568; Ord. No. 2020-1235]
Any person who violates any provision of this chapter shall
upon conviction thereof, be subject to the penalty stated in Chapter
1, Section 1-5.
