[HISTORY: Adopted by the Mayor and Council of the Borough of Lindenwold 11-17-1969 (Ch. 178 of the 1981 Code). Amendments noted where applicable.]
Hereafter, no person, firm or corporation shall excavate on or remove soil from any premises in the Borough of Lindenwold, except in connection with the constructing or alteration of a building or structure on such premises when excavation, grading or soil removal is incidental thereto, unless permission is first obtained for such purpose from the Mayor and Borough Council and also except as such restriction may be further modified or limited by the provisions of § 273-6 hereof.
In order that any person, firm or corporation may remove soil from any premises within the Borough, the owner thereof shall first file an application with the Borough Clerk requesting permission so to do, which application shall be accompanied by maps or plans of the premises showing the existing contour lines thereof and the contour lines as they would exist after the removal of such soil, and the maps or plans so submitted shall be subject to inspection and approval thereof by the Mayor and Borough Council. No such permission shall be granted until the application, together with the plans or maps aforesaid, has been approved as aforesaid.
Any person, firm or corporation desiring to have a hearing on its application made to the Mayor and Borough Council may request an opportunity to be heard thereon, and such request shall be granted within 30 days thereafter; and the Mayor and Borough Council, in considering and reviewing the application and in arriving at its decision, shall be guided by and shall take into consideration the public health, safety and general welfare of the community, and particular consideration shall be given to the following circumstances:
If after examining the application and the map or plans filed as provided for in § 273-2 of this chapter and after a hearing thereon, if a hearing has been requested as aforesaid, the Mayor and Borough Council shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety of the community 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 or sewerage problems or other conditions of danger, then permission to remove the soil may be granted.
If permission to remove the soil shall be granted as aforesaid, the owner of the premises from which such soil is to be excavated or removed shall see to it that the operation shall be so conducted that there shall be no sharp declivities, pits or depressions, and such operation must be conducted in such manner that the area shall be properly leveled, cleared of debris and graded to conform to the contour lines and grades as approved by the Mayor and Borough Council.
If the Mayor and Borough Council shall approve the application for excavation or removal of soil as aforesaid, then the owner of the premises to be affected by such application shall file with the Mayor and Borough Council a bond in such amount, in such form and with such surety as is acceptable to the Mayor and Borough Council in order to ensure the faithful performance of the work to be undertaken pursuant to the permission granted by the Mayor and Borough Council and in accordance with the application and the maps or plans accompanying it and in accordance with the provisions of this chapter.
Notwithstanding the provisions of this chapter, it shall not apply to:
Any person, firm or corporation who or which has acquired or obtained or may in the future acquire or obtain soil with the intention of stockpiling it until it or any part thereof has been sold, given or otherwise transferred to other persons for the purpose of removing it from the land on which it is so stored or stockpiled.
Any person, firm or corporation who or which is operating any sand or gravel pit in the Borough of Lindenwold; provided, however, that such person, firm or corporation operating a sand or gravel pit shall obtain a license for such purpose as provided by Chapter 253, Resource Extraction, of the Code of the Borough of Lindenwold.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 178-7, Operation of sand or gravel pit; § 178-8, Number of licenses restricted; and § 178-9, License renewal, of the 1981 Code, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Each and every violation of this chapter and every nonconformance or noncompliance with the provisions of this chapter, or each day that any provision of this chapter shall have been violated, shall be construed as a separate and distinct offense and as a violation hereof.