The Council and Engineer shall take into consideration the public
health, safety and general welfare and shall give particular consideration
to the following factors:
A.
If permission is not granted, the applicant, upon written request
for a hearing made to the Council, shall be given an opportunity to
be heard within 30 days.
B.
If, after examining the application and the maps provided for in
this chapter and the reports of the Engineer or after a hearing requested
by the applicant, the Council is of the opinion that the proposed
soil removal will not create conditions inimical to the public health,
welfare and safety; will not result in the creation of any sharp declivities,
pits or depressions, soil erosion or fertility problems or depressed
land values; nor create any drainage or sewerage problems or other
conditions of danger, permission to remove the soil shall be granted.
The applicant shall be required to section the property which
is the subject of his permit into areas of not more than five acres
and to schedule the work of soil removal so that the operation conducted
in one section is completed and at final grade before work is commenced
in any other section of the premises.
If application for a soil removal permit involves the complete removal of a bank which extends above the elevation of the surrounding lands or above the elevation of a public road or street adjacent to the land where the removal project is to take place, the moving or removal shall be so conducted as to leave the final grade of the land or lot from which the bank is to be removed at a grade that will not create a hazardous condition for the surrounding lands or a public road or street. The final grade shall not be lower than the grade of the surrounding lands or public roads or streets, and the final grade shall be established and maintained at a minimum of one-half of one percent (1/2 of 1%) to ensure proper drainage. In establishing final grades, the factors to be considered shall be those listed in Section 140-11.
A.
If the application for a soil moving permit involves the partial
cutting down of a bank, the project shall leave the final slope of
all sides of the remaining portion of the bank at slopes that conform
to the following minimum slope standards:
(1)
Wet clay and sand: one vertical to two horizontal.
(2)
Gravel, loam and clay, boulders and earth: one vertical to one and
one-half (1 1/2) horizontal.
(3)
Large rock slabs into earth hill: one vertical to one horizontal.
(4)
Disintegrated rock: one vertical to one-half (1/2) horizontal.
(5)
Solid rock: one vertical to 1/4 horizontal.
Under no conditions shall any such slope be left which is in
excess of one vertical to one-fourth (1/4) horizontal. If slopes are
made up of several types of soil, the minimum standards shall apply
to each section in progressively decreasing slopes. Definitions of
soil shall be in conformity with Highway Engineering Handbook by Harger
and Boney, for areas of rain and heavy frost.
B.
Where earth is moved in order to lower a grade or to alter an existing
slope, the upper crown or brink shall not be closer to any property
line than five feet, and this distance shall be increased at a rate
of one foot for each one foot of vertical height of the slope up to
a maximum required distance of 25 feet from any property line. If
for any reason the final grade is higher than the level of the surrounding
lands, the same formula shall be used in determining the distance
of the bottom of the slope from the nearest property line.
A.
Storage of topsoil. Whenever any owner, developer or excavator removes
topsoil from any land in the city, provision shall be made for storage
of topsoil within the boundary lines of the property.
B.
Replacement of topsoil. Except as hereinafter provided, all topsoil
so stored shall be uniformly replaced over the entire area or surface
of the land on or before the completion date set forth in the soil
removal permit so that the final grades of the replaced topsoil conform
to the proposed final grades shown on the topographical map.
C.
Requirements for replacement. No owner, developer or excavator shall
remove topsoil to any point beyond the lines of the land in question
until topsoil not inferior in quality to that to be removed is replaced
as originally found or not less than six inches of compacted topsoil
is uniformly placed over the entire surface area of the land, excepting
only such portions as shall be or shall have become since the date
of the filing of the topographical map permanently covered by building
or structure, street, pavement, curb, sidewalk, driveway or other
paved area or by any body of water or waterway. In no event shall
the owner, developer or excavator remove from the land more topsoil
than that comprising the surplus or excess remaining after replacement
of the topsoil.
A.
In the removal of soil, the owner or person in charge shall conduct
the operations so that there will be no sharp declivities, pits or
depressions; that there will be no interruption of natural drainage;
and that the area will be properly leveled off, cleared of debris
and graded to conform to the contour lines and grades as approved
by the Engineer. The conduct of the operation shall be under the responsibility
and control of the Engineer, who will make periodic inspections to
determine that there is no deviation from the information and requirements
of the application as approved.
B.
Every soil removal project shall be conducted and completed in a
manner which will eliminate any condition hazardous to any member
of the public who may have access to the property or to the health,
safety or welfare of the borough. All boulders, tree stumps and other
debris shall be removed from the property or completely burned, except
that boulders may be buried.
C.
No excavating operation is to be conducted except between the hours
of 7:00 a.m. and 5:00 p.m. on weekdays only, Sundays excluded.
D.
No person shall permit the accumulation of dirt, rubble or debris
on any roadway within the city.
E.
The excavating operation shall be conducted so that the noise from
trucks or equipment will not be a source of annoyance or discomfort
to any residents of the city.
F.
Every truckload of material shall be properly trimmed and shall protrude
no more than 12 inches above the sides of the truck at the peak or
highest point of each load.
G.
Every truckload shall be wetted down prior to being driven on a city
street so that sand, dirt or dust does not blow from the truck.
H.
Every truckload shall have a cover thereon to prevent blowing or
spillage.
A.
This chapter shall not apply to the removal of soil for building
excavation, a private sewage disposal system or landscaping. This
chapter shall not include plowing, spading, cultivating, harrowing
or disking of soil or any operation usually associated with the tilling
of soil for agricultural or horticultural purposes. This chapter shall
not include any operations for the purpose of soil and water conservation
as defined or prescribed by the Soil Conservation Service of the United
States Department of Agriculture.
B.
Nothing contained in this chapter shall conflict with the present or future zoning of the city, and in the case of a conflict, the Zoning Regulations in Chapter 53, Development Regulations, shall prevail. No permit shall be required in connection with the removal of excess soil resulting from the construction or alteration of a building, structure or off-street loading or parking area on such premises and new streets, roadways or driveways and excavation or grading incidental thereto.
A person who transports over the streets, roads or highways in the city soil removed form land or premises pursuant to a soil removal permit shall daily sweep, pick up and remove, or cause to be swept, picked up and removed, all dust, dirt and mud from the roads, streets or highways, and shall apply or cause to be applied to the roads, streets or highways a dust preventive wherever deemed necessary by the Engineer. If a permit holder neglects or refuses to sweep, pick up and remove any dust, dirt and mud or to apply a dust preventive when required, the Engineer is authorized to suspend the permit for a period of not less than three days or may revoke the permit after notification in writing by an authorized officer, agent or employee of the city to the holder of the permit. If revoked, no soil removal permit shall again be issued unless application is made as required by Section 140-5.
A.
Posting; amount. No soil removal permit will be issued until the
applicant has posted with the city a performance bond in a form and
with surety that is acceptable to the city and in an amount that the
City Engineer deems to be reasonable, using the following as a standard:
from $1,000 per 50,000 cubic yards or part thereof to a maximum of
$5,000 per 50,000 cubic yards or part thereof, but in no case in an
amount of less than $7,500.
B.
The Engineer shall determine the amount, taking into account the
nature and extent of the work to be done; the type and character of
the soil; the extent of the area over which the operations are to
be conducted; the extent and depth of the various cuts and fills;
the extent to which the area of operations is wooded; the proximity
of proposed operations to streets, buildings, structures, natural
or artificial streams or watercourses and the general drainage conditions;
and such other factors as may bear on the operation. The performance
bond will be conditioned upon the full and faithful performance by
the applicant and principal, within the time specified in the application,
of all the proposed work in accordance with the provisions of this
chapter and of the soil removal permit issued pursuant thereto.
