§ 362-7. Hearing; factors in determination; issuance of permit; terms.  


Latest version.
  • A. 
    Upon written request for a hearing made by the applicant to the Council, an opportunity to be heard shall be granted within 30 days thereafter.
    B. 
    The Council, in considering the application and in arriving at a 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 of slopes and grades of abutting streets and lands;
    (5) 
    Land value and uses;
    (6) 
    Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.
    C. 
    If, after examining the application and the map provided for in § 362-4 and after the hearing, in the event a hearing is requested by the applicant, the Council 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, depressed land values; and will not create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted. The permit shall then be issued and shall be valid for six months unless extended by the Council for an additional period of not more than six months. The permit shall be subject to the terms and conditions set forth in this chapter.