[HISTORY: Adopted by the Mayor and Council of the Borough
of Bellmawr 3-16-1972 by Ord. No. 4-72 as Ch. 89 of the 1972
Code. Amendments noted where applicable.]
[Amended 5-23-1985 by Ord. No. 5:4-85]
No person shall excavate or otherwise remove soil or earth for
sale or for use other than on the premises from which the soil or
earth shall be taken without first having procured permission therefor
from the Mayor and Borough Council.
The Mayor and Council of the Borough of Bellmawr shall not consider
any application for the removal of soil or earth from the premises
for sale or otherwise 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 lines and proposed contour grades resulting from
such intended removal of soil or earth in relation to the topography
of the premises, and said proposed contour lines and proposed grades
shall be subject to the inspection and approval of the Mayor and Council
of the Borough of Bellmawr. No such permission for soil or earth removal
shall be issued until such map has been filed and until the proposed
contour lines and grades have been approved by the Mayor and Council
of the Borough of Bellmawr.
Upon written request for a hearing made by the applicant to
the Mayor and Council, an opportunity to be heard shall be granted
within 30 days thereafter, and the Mayor and Council, in considering
and reviewing the application and in arriving at their decision, shall
be guided by and take into consideration the public health, safety
and general welfare, and particular consideration shall be given to
the following factors:
If, after examining the application and the map provided for in § 377-2 and after the hearing in the event that a hearing is requested by the applicant, the Mayor and 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, 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 to the contour lines and grades as approved by the
Mayor and Council of the Borough of Bellmawr.
Before any permit or permission for soil or earth removal shall
be granted or issued, the owner or applicant shall file with the Mayor
and Council a bond, in a form and with surety acceptable to the Borough
of Bellmawr, in such amount as in the opinion of the Mayor and Council
of the Borough of Bellmawr shall be sufficient to ensure the faithful
performance of the work to be undertaken pursuant to the permission
granted by the Mayor and Council 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 violating any provision of this chapter shall, upon
conviction thereof, be subject to a fine not exceeding $2,000 or imprisonment
in the county jail for a term not exceeding 90 days or a period of
community service not exceeding 90 days, or any combination thereof,
in the discretion of a court of competent jurisdiction. Each and every
day that such violation shall continue shall be a further and separate
offense under the terms of this chapter, subject to the penalties
herein prescribed.
