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.