[HISTORY: Adopted by the Council of the Borough of Fair Lawn 7-27-1982 as Ch. XX of the 1981 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 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 Construction Code Official.
The Construction Code Official shall not consider any application for the removal of soil from premises for sale or otherwise unless and until the owner of the premises shall first file an application requesting such permission, together with a map of the premises showing the contour lines and proposed grades resulting from such intended removal of soil in relation to the topography of the premises, and said proposed contour lines and proposed grades shall be subject to the inspection and approval of the Construction Code Official of the borough. 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 Construction Code Official.
The fee for the permit shall be as set from time to time by resolution of the Borough Council.
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.
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.
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 of Fair Lawn, in such amount as in the opinion of the Borough Council shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permission granted by the Borough Council 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.