[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Berlin 6-17-1968 by Ord. No. 68-3 as Ch. 64 of the 1968 Code. Amendments noted where applicable.]
Zoning — See Ch. 335.
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 permission therefor from the Borough Council.
No application for the removal of soil from the premises for sale or otherwise shall be considered unless and until the owner of the premises shall first file with the Borough Clerk an application requesting such permission, 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, and the proposed contour lines and proposed grades shall be subject to the inspection and approval of the Borough Council. No such permission 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 Borough Council of the Borough of Berlin.
Upon written request for a hearing made by the applicant to the Borough Council, an opportunity to be heard shall be granted within 30 days thereafter and the Borough Council in considering and reviewing the application and in arriving at its decision shall be guided and take into consideration the public health, safety and general welfare. Particular consideration shall be given to the following factors:
If after examining the application and the map provided for in § 274-2 of this chapter, and after the bearing in the event a hearing is requested by the applicant, the Borough 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, depressed land values, nor create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
If permission to remove the soil shall be granted, the owner or person in charge shall so conduct the operations 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 with the contour lines and grades as approved by the Borough Council of the Borough of Berlin.
The owner of the premises or the person in charge of the removal of soil, when permission 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 Borough Council of the Borough of Berlin.
Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall file with the Borough Council a bond, in form and with surety acceptable to the Borough Council, in such amount as in the opinion of the Borough Council of the Borough of Berlin shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permission granted by the Borough Council of the Borough of Berlin, and pursuant to the provisions of this chapter.
No excavation shall be made and no soil shall be removed under the provisions of this chapter unless a permit therefor shall have been first obtained as provided herein, and no excavation shall be made and no soil shall be removed except in conformity with the provisions of this chapter.
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a fine not exceeding $200 or imprisonment in the county jail for a term not exceeding 90 days, in the discretion of the Municipal Court Judge before whom such conviction shall be had. Each and every violation and nonconformance of this chapter, or each day that any provision of this chapter shall have been violated, shall be construed as a separate and distinct violation thereof.