No developer 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
governing body.
The governing body 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 shall first file with the Borough
Clerk an application requesting such permission, together with a map
on the premises showing the contour lines and proposed contour grades
resulting from such 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 governing body.
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 governing body.
A.
Upon written request for a hearing made by the developer for a permit
under this article to the governing body, an opportunity to be heard
shall be granted within 30 days thereafter, and the governing body
in considering and reviewing the application and in arriving at its
decision shall be guided and take into consideration the public health,
safety and general welfare, and particular consideration shall be
given to the following factors:
(1)
Soil erosion by water and wind.
(2)
Drainage.
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting streets and lands.
(5)
Land value and uses.
(6)
Such other factors as may bear upon or relate to highway safety
and street maintenance and to the coordinated, adjusted and harmonious
physical development of the Borough.
B.
If after examining the application and the map provided for in § 17-13.2, and after the hearing in the event a hearing is requested by the developer, the governing body shall be 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, or depressed land values, nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
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 to the contour lines and grades as approved by the
governing body.
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 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 governing body.
Before any permit or permission for soil removal shall be granted
or issued, the owner or developer shall file with the governing body
a bond, in form and with surety acceptable to the governing body,
in such amount as in the opinion of the governing body shall be sufficient
to insure the faithful performance of the work to be undertaken pursuant
to the permission granted by the governing body pursuant to the provisions
of this article.
A.
No excavation shall be made and no soil shall be removed under the
provisions of this article 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 article.
B.
In cases involving a tract of land which is the subject of a development
proposal or which by virtue of the nature of the tract is capable
of development, the governing body may first refer the application
and all accompanying data to the Planning Board or other municipal
agency. The municipal agency shall review the application in light
of sound planning consideration, zoning requirements for the area,
the Master Plan of the Borough, the pending development application,
if there is one, and the nature of the surrounding terrain and proposed
contours and shall thereafter report its findings to the governing
body with recommendations based upon the foregoing considerations.
The municipal agency shall file its report and recommendations within
45 days after receipt by it of the application from the governing
body.
