The applicant shall be required to section the entire property which
is the subject of his permit into areas of not more than five acres, and he
shall so schedule the work of soil removal that the operation conducted in
one section shall be complete and that section at final grade before work
shall commence in any other section of the premises.
In the event the 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 said land upon which such removal project is to take place, said moving or removal of soil shall be conducted so 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 with respect to the surrounding lands or such public road or street. Wherever practical, the final grade shall not be lower than the grade of the surrounding lands or of such public road or street, and the final grade shall be established and maintained at a minimum of 1/2 of 1% to ensure proper drainage. In establishing final grades, the factors to be considered shall be the same as those listed in § 284-12 above.
A.
Slope standards.
(1)
In the event the application for a soil moving permit
involves the partial cutting down of a bank, such project shall be conducted
in a manner so as to leave the final slope of all sides of the remaining portion
of the bank at slopes that conform to minimum slope standards as follows:
(a)
Wet clay, clay and sand: one vertical to three horizontal.
(b)
Gravel loom boulders and earth: one vertical to 1 1/2
horizontal.
(c)
Large rock slabs into earth hill: one vertical to one
horizontal.
(d)
Disintegrated rock: one vertical to one horizontal.
(e)
Solid rock: one vertical to 1/4 horizontal.
(2)
Under no conditions shall any such slope be left which
is in excess of one vertical to 1/4 horizontal. If slopes are made up of several
types of the above, 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 Bonney, 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 shall be 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.
Whenever any owner, developer or excavator shall remove
topsoil in or upon any land in the Borough, provision shall be made for the
storage of said topsoil within the boundary lines of said property.
B.
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 said replaced soil shall conform to the proposed final
grades shown on the topographical map.
C.
No owner, developer or excavator shall remove to any
point beyond the boundary lines of the land in question any topsoil whatsoever
unless and until topsoil not inferior in quality to that to be removed shall
have first been replaced as originally found or in any case not less than
six inches of compacted topsoil uniformly placed over the entire surface area
of the land, excepting only such portions thereof as shall be or shall have
become since the date of the filing of said topographical map permanently
covered by a 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 the replacement of the topsoil
as aforesaid.
Every soil removal project carried out and authorized under and pursuant
to a permit issued in accordance with the provisions of this chapter shall
be conducted and completed in such a manner as to not create any condition
hazardous to life or limb of any member of the public who has access to the
property or hazardous 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.
No excavating operation shall be conducted except as follows:
A.
In the daytime between the hours of 7:00 a.m. and 5:00
p.m.
B.
On weekdays between Monday and Saturday.
C.
Excavating operations shall not be conducted on Sunday.
D.
In such a manner that the noise from trucks or equipment
so engaged, which is audible, will not be a source of annoyance or discomfort
to any of the residents of the Borough.
