Excavations of earth materials, but not the removal thereof from the premises, shall be permitted in any zone when clearly incidental to the construction of buildings or structures on the property, or the construction of ponds of 1/4 acre or less in size. The creation or enlargement of such 1/4 acre pond, revision of the channel or a watercourse or any other landscaping excavations carried on by the use of bulldozers, payloaders or similar power driven excavating machinery shall require a Zoning Permit.

Ponds in excess of 1/4 acre or the enlargement of any existing pond to a size greater than 1/4 acre shall require a special exception permit to be obtained. Such pond shall be for one of the following purposes only, the criteria and standards for which are as follows:

No pond constructed under a special exception permit shall be a ruse for a mining operation. The maximum depth allowable shall be the least necessary in order to carry out the purpose of the pond.

Applications for a zoning permit or a special exception permit, as the case may be, for a pond shall include a map (which may be a United States Geodetic Survey) showing the watershed area and an exact computation of the area thereof, and a computation of the peak flow from said watershed for a ten-year or twenty-five-year flood depending on whether it is a dug or impounded pond. No pond shall cause the total area of all ponds in the watershed area, including the pond to be constructed, to exceed 1/10 of the watershed area. The sides of all ponds shall have a maximum slope of three feet horizontal to one foot vertical. The outlet of dug ponds shall be capable of carrying the flow of a ten-year flood, and the outlet of a pond created by damming a stream shall be capable of carrying the flow of a twenty-five-year flood. Said computations and applications shall be signed by a registered professional engineer.

The Applicant for a special exception permit need meet only the following criteria for special exceptions and permits: § 8.04E(1), (2), (3), (4), (5) and (6). The powers and procedures set forth in § 8.04F, G, H and I shall be followed. If topsoil or other earth material is to be removed from the premises pursuant to said special exception permit, then a construction permit as set forth in the Newtown Sand and Gravel Regulations shall be obtained concurrently with said special exception permit. Topsoil may be removed only in accordance with § 8.03B hereof. In addition to the portions of § 8.04F which apply, the Commission may impose conditions on the construction of a pond under special exception permit to avoid stagnation and insure the continued vitality of the pond.

The applicant for such zoning permit shall state at the time the permit is sought that he intends to remove the topsoil from the premises.

The area of the premises from which the topsoil is to be excavated and an area for the stockpiling of such topsoil during construction shall be shown on the plot plan submitted by the applicant. No topsoil shall be stripped except from the smallest area necessary for the construction of said building or structure and the area of the excavation necessarily incidental thereto. All areas shown shall be related to existing monuments or features on the lot or otherwise with sufficient clarity so that the exact areas to be excavated and used for stockpiling can be determined by the Zoning Enforcement Officer. A construction permit for the removal of said topsoil must be obtained as set forth in the Newtown Sand and Gravel Regulations concurrently with the zoning permit or the zoning permit is void.

All topsoil excavated pursuant to the zoning permit shall be stockpiled on the area designated therefore on the plot plan during the course of construction and none may be removed prior to the certification provided in Subsection 5 below.

When the Zoning Enforcement Officer inspects for the issuance of a Certificate of Zoning Compliance pursuant to Section 9.01C hereof, he shall inspect the premises owned or controlled by the applicant, and determine whether or not any portion thereof, other than rock outcroppings occurring naturally, has been stripped of topsoil either by man or by erosion. If the Zoning Enforcement Officer determines that portions of the applicant's premises have been so stripped, he shall refuse to issue a Certificate of Zoning Compliance until such time as the stockpiled topsoil has been spread over the stripped area to a depth of at least six inches.

When the Zoning Enforcement Officer, on the first or any subsequent inspection, determines that no area of the applicant's premises requires a covering of topsoil as aforesaid, then he shall clarify that the remaining stockpile of topsoil is surplus and may be removed by the applicant. A certificate of Zoning Compliance shall not be issued until satisfactory removal or spreading of said stockpile has occurred, and after the issuance of such a certificate, no further removal of topsoil from the premises shall occur.

An amount equal to the volume of that portion of any building or other structure constructed below grade level plus 100 cubic yards may be removed without submission for the detailed plans and the making of the finding required by Subsections 2 and 3 below.

An amount in excess of the amount provided in Subsection 1 above may be removed only if such removal is shown as part of the site development work on the application for the zoning permit. Where such removal is shown the applicant shall submit a topographical map showing existing contours and finished contours at intervals of two feet for grades less than 3% and five feet for grades of 3% and up, together with an exact computation of the quantity to be removed and an outline of the area to be excavated and the location where topsoil will be stockpiled during construction.

Before issuing a zoning permit permitting excavation and removal in excess of the amount specified in Subsection 1 above the Zoning Enforcement Officer must find in writing that the proposed excavation is clearly incidental to the construction of the building or structure for which the permit is sought. In determining whether or not such excavation is clearly incidental the Zoning Enforcement Officer should consider factors such as the feasibility or constructing the building or other structure at the existing contours, the percent of lot area to be excavated, the relative value of the material to be removed and the cost of the proposed building or structure, whether or not the difficulty of construction at existing contours was the result or prior acts of the applicant or his predecessors in interest, the primary nature of the applicant's business and any additional relevant factors affecting the lot in question. A Construction Permit for the removal of said earth material must be obtained as set forth in the Newtown Sand and Gravel Regulations concurrently with the zoning permit for the zoning permit is void.

All topsoil stripped from the excavation area shall be stockpiled on the area designated therefore on the map submitted and all of it shall be respread on the excavated area prior to issuance of a Certificate of Zoning Compliance unless its removal was specifically permitted and is carried out in accordance with Subsection B above.