[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.]
GENERAL REFERENCES
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.
A.
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:
B.
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.