[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield
12-16-1975 by Ord. No. 1046 as Ch. XVII of the Revised General Ordinances.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any and all topsoil, earth, sand, clay, loam, gravel humus,
rock, shale rock or dirt without regard to the presence or absence therein
of organic matter.
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, without first
having procured permission therefor from the Building Inspector.
A.
Application information. Application to the Building
Inspector shall be made in writing in duplicate, signed by the applicant,
and containing an endorsement of the owner or owners of the lands signifying
approval of the application and consent to the removal by the applicant, and
shall be accompanied by one copy of a map of the premises, showing the present
contour lines and present contour grades of the premises, and the proposed
contour lines and proposed contour grades resulting from such intended removal
of soil in relation to the topography of the premises. The application for
a permit shall include the kind and quantity in cubic yards of soil to be
moved and the place to which each kind and quantity of soil will be moved.
B.
Approval of application. The Building Inspector shall
signify approval or disapproval of the application in writing, signed and
dated, upon both copies of the application. The Building Inspector shall retain
the original application and the map and shall return the duplicate of the
application to the applicant upon personal request therefor at the office
of the Building Inspector. Reapplication may be accepted by the Building Inspector
without the necessity of filing further maps, provided no changes in contour
lines or grades are indicated in applications subsequent to the original.
C.
Disapproval of application; hearing. In the event of disapproval by the Building Inspector of an application for a permit, an applicant shall be given an opportunity to be heard by the Borough Council, provided written request for such a hearing is made to the Borough Council within 30 days following the disapproval by the Building Inspector. The written request shall be filed with the Borough Clerk and shall specify in detail the reasons why the applicant believes the action of the Building Inspector was unjustified, and shall be signed by the applicant and endorsed by the owner or owners of the lands signifying their approval of the request and the reasons therefor. If the Borough Council, after hearing, determines that the action of the Building Inspector was unjustified, the Borough Council shall direct the Building Inspector to approve the application in the manner described in Subsection B hereof with the additional notation that the approval was at the direction of the Borough Council.
D.
Review of application. In considering and reviewing the
application or refusal of a permit, the Building Inspector and the Borough
Council shall be guided by and take into consideration public health, safety
and general welfare, with particular consideration to the following factors:
(1)
Soil erosion by water and weather.
(2)
Surface water drainage.
(3)
Soil fertility.
(4)
Lateral support, slopes and grades of abutting streets
and lands.
(5)
Land values and uses.
(6)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Borough.
