No person shall excavate or otherwise remove soil for sale or
for use other than on the premises from which the soil 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 a permit therefor from the Township Council.
The Township Council shall not consider any application for
the removal of soil from the premises for sale or otherwise unless
and until the owner of the premises shall first file with the Township
Clerk an application requesting such a permit, together with a map
of the premises showing the contour lines and proposed contour grades
resulting from such intended removal of soil in relation to the topography
of the premises. Such proposed contour lines and proposed grades shall
be subject to the inspection and approval of the Township Council.
No such permit for soil removal shall be issued until such map has
been filed and until the proposed contour lines and grades have been
approved by the Township Council.
If, after examining the application for a permit and the map required by §
290-2 and after the hearing in the event a hearing is requested by the applicant, the Township Council 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, or depressed land values, nor create any drainage or sewerage problems or other conditions of danger, a permit to remove the soil shall be granted.
Before any permit for soil removal shall be granted or issued,
the owner or applicant shall file with the Township Council a bond,
in form and with surety acceptable to the Township, in such amount
as, in the opinion of the Township Council, shall be sufficient to
insure the faithful performance of the work to be undertaken pursuant
to the permit granted by the Township Council pursuant to the provisions
of this chapter.
No soil removal shall be permitted which will substantially alter the existing contour and topography of the land. The Township Council shall, at the time of the hearing provided for in §
290-3, render a determination as to whether the application for soil removal which is the subject of such hearing constitutes a substantial alteration of existing contour and topography of the land. In making such determination, the Township Council shall be bound by the following standard: any soil removal in excess of that necessary and incidental to the establishment of a permitted use, as such is defined and delineated in Chapter
360, Zoning, shall be determined to be a substantial alteration of the existing contour and topography. It is the intent of this section that, in determining the amount of soil which it is necessary to remove, where such removal is incidental to the creation of a permitted use as aforesaid, the minimal amount which may be necessary to reasonably develop the land in a permitted use shall be the maximum amount of soil removed.
If a permit to remove soil shall be granted pursuant to this
chapter, the owner or person in charge shall conduct the operations
so that there shall be no sharp declivities, pits or depressions and
in such a manner that the area shall be properly leveled off, cleared
of debris and graded to conform to the contour lines and grades approved
by the Township Council.
The owner of the premises or the person in charge of the removal
of soil, when a permit has been duly granted, shall not take away
the top layer of arable soil for a depth of six inches, but such top
layer of arable soil to a depth of six inches shall be set aside for
retention on the premises and shall be respread over the premises
when the rest of the soil has been removed, pursuant to levels and
contour lines approved by the Township Council.
No excavation shall be made and no soil shall be removed from
any premises except in conformity with the provisions of this chapter.