It is hereby found and determined that the uncontrolled and
unregulated removal, excavation, filling and placement of soil has
resulted and will result in conditions which are or may be detrimental
and inimical to the public safety, health and general welfare and
which do or may substantially affect the efforts of the Borough to
promote and effectuate the general purposes of proper municipal planning,
drainage and flood control.
As used in this chapter, the following terms shall have the
meanings indicated:
LAND DISTURBANCE
Includes any digging, excavation, placement, replacement,
filling, grading or leveling of soil or any activity, which shall
alter or change the grade, location or contour of lands and the transportation
or supplying of soil. Mulching and/or the tilling of land for the
purposes of gardening or reseeding of lawns shall be excluded from
this definition.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
No person shall undertake any land disturbance within the Borough
unless the person has first obtained a permit or a waiver from the
Borough Engineer in accordance with the provisions of this chapter.
Any person desiring to disturb soil within the Borough shall
file with the Borough Clerk a preliminary application, in writing,
for such disturbance. The person intending to perform such operation,
as well as the owner or owners of the premises from or on which soil
is to be disturbed, shall sign such application. There shall be no
fee to be submitted with an initial application for disturbing soil.
The preliminary application shall include or be accompanied by the
following information:
A. A location survey which shows all structures, lot lines and easements,
marked up to show the limits of disturbance, proposed drainage patterns,
retaining walls and landscaping.
B. A written description of the proposed work, including the volume
of soil to be excavated or placed, the maximum change in elevation
resulting from the project and the maximum height of any proposed
retaining walls.
C. The reasons for the proposed work and the proposed dates for commencement
and completion.
D. The address, lot and block number of the premises from which or on
which soil is to be removed or filled and the names and addresses
of the owners.
In the removal or filling of soil, dirt or other material, only
such streets within the Borough shall be used for transportation as
may be designated for that purpose by the Borough Engineer. Such streets
shall be kept free from dirt resulting from such soil removal or filling
work.
This chapter shall not apply to soil disturbance incident to
work under a permit issued by the Construction Official; soil disturbance
incident to an approval granted by the Planning Board; or excavations
or filling for improvements being made by the Borough or its contractors.
Nothing in this chapter shall be construed to prevent the Borough
from initiating injunctive proceedings to restrain removal, redistribution
or filling of soil in violation of this chapter.