[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.
A.
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.
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.
