Following a determination by the Planning Board that the removal of soil is essential and necessary to the development of the premises as provided for in § 284-3, or a determination by the Board of Adjustment that a nonconforming use exists and the extent thereof as provided for in § 284-4, an application for a permit to remove the soil shall be presented to the Mayor and Borough Council, to the attention of the Borough Clerk, and shall be in writing and presented at least 10 days prior to a meeting of the Borough Council.
The Borough Clerk shall determine if the application is in proper form and complete as prescribed in Article IV hereof.
The Mayor and Borough Council shall make a preliminary study of said
application; and if it shall be determined that the application is in order,
they shall refer said application to the Borough Engineer for study and report.
The Borough Engineer shall immediately make a complete engineering study
and report in writing to the Mayor and Borough Council within the 31 days
of the date of referral by the Mayor and Borough Council. However, the governing
body may disapprove the application without forwarding same to the Borough
Engineer, upon a factual finding that the said application is not in the best
interest of the public health, safety or general welfare.
Upon receipt of the aforementioned report, the governing body shall
take action which it deems appropriate not later than the second regular meeting
following the receipt of the recommendations of the Borough Engineer.
