[HISTORY: Derived from Ch. IX of the 1975 Code (Ord. No. 202). Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Franklin Borough
Soil Removal Chapter."
As used in this chapter, the following terms shall have the meanings
indicated:
Soil that, when dry, contains not less than 4% by weight of organic
matter and the balance of which is mineral matter.
Removal permit issued under the terms hereof.
Includes dirt, stone, gravel, sand, humus, clay, loam, rock and mixtures
of any of these.
The soil within eight inches of the surface.
No person shall excavate for the removal of soil or otherwise remove
soil in contravention of this chapter or for sale or for use other than on
the premises from which the soil shall be taken, except in connection with
excavation or grading incidental to construction or alteration of a building
on such premises, for which a building permit has been issued without having
an effective permit therefor approved by the Mayor and Council.
A.
Before the issuance of a permit the applicant shall make
application therefor on a form available from the Borough Clerk, and the data
in the application or accompanying documents shall show the following:
(1)
The name and address of the owner of the tract involved
and the name and address of the applicant, if a different person is involved.
The signed consent of the owner shall be required if the applicant is not
the owner.
(2)
A map of the premises for which the permit is sought
showing the existing and proposed topographical contour lines of the land
involved at five-foot intervals and abutting lands and roads within 400 feet
of the perimeter of the proposed topographical contour grades which will result
from the intended soil removal, and the location of any streams or other bodies
of water near the premises.
(3)
The tax block and lot number of the property involved.
(4)
A description of any processing of the soil which will
be done on the premises, including description of equipment and plans of such
processing equipment and facilities.
(5)
The name and address of the persons who shall do the
work of removing the soil.
(6)
The estimated number of cubic yards to be removed pursuant
to the permit.
(7)
Zoning classification of lands involved and a copy of
the recommendations of the Zoning Board of Adjustment in favor of any variance
required, if any such exist.
(8)
Routes to and from the proposed site to be used in transporting
soil removed.
(9)
Period for which the permit is sought.
(10)
A plan of operation showing the area from which removal
shall be made, the schedule of removal and final plans for site drainage.
In the event the operation will create drainage problems on adjoining roads,
plans and easements for drainage shall be submitted to correct such conditions.
(11)
Test drilling records or other data showing the depth
of the water table in the area where removal is planned.
(12)
Evidence of public liability insurance in amounts of
not less than $100,000 for each person injured and $300,000 for each accident
involving personal injuries and $50,000 for each accident involving property
damage.
(13)
Where a permit is not sought at the time when an application
is filed for the entire area which will ultimately be utilized for soil removal,
details in accordance with the foregoing sections for the permit area and
the entire area shall be furnished.
B.
All data required in the nature of maps and plans shall
be prepared and certified by a professional engineer. When a renewal permit
is sought, only data regarding changes from the original application need
be submitted.
Each new or renewal application shall be accompanied by a fee. Fees
are to be paid to the Borough Clerk. No fee shall be required where the proposed
removal application shall be for less than 500 cubic yards. Where reinspections
of the area licensed are caused by violations of this chapter or the conditions
of the permit as issued, the licensee shall pay a fee for each such reinspection.
The application shall be filed with the Borough Engineer and the application
shall be investigated by him. The Borough Engineer shall make recommendations
to the Borough Council rejecting or approving the application within 45 days.
If not approved within 45 days, it shall be considered rejected. A report
shall be filed with the Borough Council by the Borough Engineer indicating
specifically whether the proposed operation will result in any sharp declivities,
pits or depressions, soil erosion or fertility problems, water table, drainage
or sewage problems, damage to public roads or other dangerous conditions and
recommending reasonable conditions regarding the permit to be issued, including
the following:
A.
Areas shown on map, if any, where excavation should not
be permitted because of adverse effects on the remaining lands, if any, abutting
property, water table, drainage or roads.
B.
Changes, if any, in permitted contours and slopes to
be accomplished by proposed removal.
C.
Least contiguous area not to exceed five acres from which
topsoil may be stripped to permit soil removal before replacement of arable
soil for seeding or planting thereof, with consideration given to the number
of yards to be removed and duration of the requested permit.
E.
Capacity of public roads to be used for ingress and egress
to withstand damage from proposed operation.
F.
Any other recommended considerations or conditions to
protect the public welfare or adjoining properties or roads, and conformity
or nonconformity of the application to the Borough Master Plan.
A.
The Borough Council shall grant or deny such permit after
giving due consideration to the effect of such permit on the public health,
safety and general welfare and particularly the following factors:
(1)
Soil erosion by water and wind.
(2)
Drainage, water table or sewage problems.
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting roads and
lands.
(5)
Drainage of existing roads.
(6)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the borough.
B.
If the Borough Council finds that the permit, if granted, shall not have an adverse effect on the above considerations, the permit shall be issued. Permits may be issued with reasonable conditions designed to meet the recommendations made under § 226-6. All such permits issued hereunder shall be valid for the period of one year from the date of approval by the Council. The applicant shall renew the permit after one year.
Before any work is done for which a permit is required, and during the
period covered by a permit, the applicant shall file and maintain a bond in
form and with surety acceptable to the Borough Attorney in such amount as,
in the opinion of the Borough Engineer, shall be sufficient to ensure the
faithful performance of the work to be undertaken pursuant to the conditions
of the permit and the terms thereof. The bond shall be in an amount per acre
of land which shall be recovered with arable soil and reseeded or planted.
It shall also cover the cost of repairing public roads likely to be damaged
by the transportation of materials or equipment and provisions for drainage
for the site. To the overall amount thereof, there shall be added 15% to cover
legal and engineer fees which may be incurred in the event of default.
In the event a permit is denied by the Council, the Borough Clerk shall
notify the applicant of such action in writing. An applicant or any person
aggrieved by issuance of a permit may request a hearing before the Planning
Board within 10 days of the denial or issuance of such permit regarding the
permit or any of the conditions thereof. Within 30 days after such request,
the Planning Board shall conduct a hearing, upon reasonable notice to the
applicant, and thereafter either recommend to the Council that they affirm,
reverse or modify their original actions and state the reasons for such recommendations.
No soil shall be removed nor shall any operation be conducted so as
to violate any of the following conditions:
A.
Arable soil within eight inches of the surface shall
not be removed from the licensed owner's premises, but promptly on completion
of operations, in each contiguous five-acre area as defined in the permit,
the arable soil so retained shall be respread on the surface as uniformly
as possible and seeded with winter rye or other suitable planting. If the
soil within eight inches of the top is not arable soil, arable soil shall
be spread thereon promptly when the operation is completed in each such area.
Provision shall be made for adequate drainage after the top soil is replaced.
B.
Soil removed shall not be deposited or in any way thrown
or placed upon adjoining property or public roads.
C.
All operations shall be conducted in strict accordance
with any state law, other ordinances of the borough and the terms of the application
as modified by the permit as granted.
D.
The operation shall be so conducted as not to constitute
a nuisance to adjoining owners or the borough, and in no event shall any sharp
declivities, pits, depressions mounds of earth or other safety hazards be
created.
E.
Upon completion of an operation or of excavation from an area delineated under § 226-6C, the area shall be properly leveled off, cleared of debris and graded to conform to the contours and grades as approved by the Borough Engineer.
F.
Soil shall not be removed except from one contiguous
area at a time and no more than five acres of a contiguous area may be opened
for operation at any one time.
G.
No soil shall be removed which is within eight feet of
the existing water table.
H.
While working an area, the working face of the excavation
shall not exceed 60º and the slopes along the perimeter of the excavated
area when operations are completed shall not exceed 30º from the horizontal.
Where an excavated area adjoins a public road or a road which has been dedicated
to the public, the finished grade shall be level with the road for a distance
of 100 feet back from the center of the road. Where an excavated area is within
50 feet of any building, the finished slope thereof shall not exceed 5º.
Where an excavated area adjoins abutting property, the finished slope shall
not exceed 5º for a distance of 50 feet back from the property line.
I.
Hours of operation shall be limited to the following:
7:00 a.m. to 7:00 p.m., Mondays through Saturdays. There shall be no operations
of any kind or character on Sundays.
J.
Each licensee shall furnish a progress report to the
Borough Engineer six months after issuance of the permit which shall consist
of a sketch map at a scale of one inch to 100 feet, showing contours every
five feet, retained arable soil, equipment, the areas where soil was removed,
the location of water supply and disposal facilities and drainage facilities,
prepared and certified by a licensed professional engineer. In lieu of such
a report, a licensee may submit an aerial photograph at the same scale of
the area which is licensed. Such progress reports or aerial photographs shall
be submitted on sheets having dimensions of 24 inches by 36 inches.
K.
Each such operation shall be inspected by the Borough
Engineer six months after issuance of the permit, and a written report of
such inspection shall be made to the Borough Council.
L.
No trash, garbage, junk or debris may be stored in any
licensed area, and no safety hazards will be permitted either during or after
the completion of operations.
M.
The Council may, within reasonable limits, modify or
waive any of the above conditions when the applicant can prove undue hardship
by reason of topography, grade or other special conditions or when such modifications
would clearly be in the public interest. The reasons for all modifications
shall be clearly stated on the permit.
After reasonable notice and an opportunity to be heard before the Council,
the permit of any person may be revoked or suspended for such period as the
Council may determine, for any violation of the terms hereof or the terms
and conditions of any permit granted hereunder.
