[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 4-22-1974 as part of Ord. No. 792 (Ch. XX of the 1971 Revised General Ordinances). Amendments noted where applicable.]
No person shall excavate or otherwise remove soil for sale or for use other than on the premises from which the soil is taken, except in connection with the construction or alteration of a building on the premises and excavation or grading incidental thereto, without first having obtained a permit in the manner provided for in this chapter.
The Mayor and Council 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 first files with the Borough Clerk an application requesting permission, together with a map of the premises showing the contour lines and proposed contour grades resulting from 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 Mayor and Council. Permission for soil removal shall not be issued until the map has been filed and the proposed contour lines and grades have been approved by the Mayor and Council.
Hearing. Upon written request for a hearing made by the applicant to the Council, an opportunity to be heard shall be granted within 30 days thereafter. In considering and reviewing the application and in arriving at its decision, the Council shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the factors in Subsection B.
Factors to be considered are as follows:
If after examining the application and the map provided for in § 180-2 hereof and after the hearing, in the event a hearing is requested by the applicant, the Council is 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, a permit to remove the soil shall be granted.
Before a permit for soil removal is granted or issued, the owner or applicant shall file with the Council a bond in such form acceptable to the borough and with surety in such amount as in the opinion of the Council shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the permission granted by the Council under the provisions of this chapter.
If permission to remove the soil is granted, the owner or person in charge shall conduct the operations so that there shall be no sharp declivities, pits or depressions, and in such 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 Council.
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 the 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 Council.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by any combination of the following: a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.