As used in this chapter, the following terms shall have the meanings indicated:
- One or more contiguous parcels of land in single ownership. Parcels shall not be deemed to be contiguous if separated by a road, railroad, right-of-way, brook, stream or other natural division.
- Includes both surface (or top) soil and subsoil.
- Includes all soil beneath the top layer of soil, be it sand, gravel, clay, stone, rock, stone aggregate, dirt, or a combination of one or more of the foregoing, or otherwise.
No person shall excavate or otherwise remove soil for sale, or for use other than on the premises within the town without first having procured a permit and permission therefor, from the Mayor and Board of Aldermen. In the event of the construction or alteration of a building or structure on the premises, no permit will be required, providing a building permit had been obtained from the Construction Official prior to the commencement of the work. Nothing herein contained shall require a property owner to obtain a permit, as hereinafter specified, for the following purposes: excavation for septic tanks, shallow drainage ditches, filter beds or other similar sanitary improvements; excavations incident to the preparation of a lawn, sidewalk or driveway.
Any person excavating in accordance with this subsection shall retain a sufficient amount of topsoil on the site and distribute such topsoil over all regraded areas or other areas requiring such soil on the site to a compacted depth of at least four inches.
Application. The Mayor and Board of Aldermen shall not consider any application for the removal of soil from the premises for sale or otherwise unless and until the owner of the premises shall first file with the Town 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 of the Town Engineer and approval of the Mayor and Board of Aldermen. 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 Mayor and Board of Aldermen.
Consideration of factors.
Upon written request for a hearing made by the applicant to the Mayor and Board of Aldermen, an opportunity to be heard shall be granted within 30 days thereafter and the Mayor and Board of Aldermen 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 and particular consideration shall be given to the following factors:
Soil erosion by water and wind.
Lateral support slopes and grades of abutting streets and lands.
Land value and uses.
Road damage; traffic conditions.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the town.
If after examining the application and the map provided for in Subsection B of this section, and after the hearing in the event a hearing is requested by the applicant, the Mayor and Board of Aldermen 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, or fertility problems, depressed land values, nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
Fees - bond. A permit fee of $25 is established for each permit issued for excavation for lot size of 150,000 square feet or less. In the event the area to be excavated is more than 150,000 square feet, there shall be an additional assessment. The additional fee is for the purpose of compensating the Town Engineer for his reasonable fee in determining conformance to the map submitted with the application of the permit. Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall file with the Mayor and Board of Aldermen, a bond, in form, and security acceptable to the town in the opinion of the Mayor and Board of Aldermen. It shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the provisions of this chapter. Any and all excavations and soil removal and any work performed in accordance with this chapter shall be completed within a period of two years from the date of issuance of the permit.
Conduct of operations. 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 Mayor and Board of Aldermen.
Hours of removal; spilling on street. No soil shall be removed other than between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday, inclusive. Carting of soil on municipal streets shall be subject to Chapter 170 of this Code.
Conformance required. 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 of the provisions of this chapter shall be subject to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty. 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.