§ 143-3. Hearing; considerations of Hearing Officer.

A. 

Upon written request for a hearing made by the applicant to the Business Administrator or the Business Administrator's designated Hearing Officer, an opportunity to be heard shall be granted within 30 days thereafter, and the Business Administrator, 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 the coordinated, adjusted and harmonious physical development of the township.

B. 

If after examining the application and the map provided for in § 143-2, and after the hearing, in the event that a hearing is requested by the applicant, the Business Administrator 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, nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted.

Amended 4-19-1999 by Ord. No. 99-07