[HISTORY: Adopted by the Mayor and Council of the Borough of New Providence 5-29-1973 by Ord. No. 73-7 as Ch. 22 of the 1973 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Violations and penalties — See Ch. 1, Art. II.
Uniform construction codes — See Ch. 129.
Streets and sidewalks — See Ch. 225.
Flood damage prevention — See Ch. 281.
Stormwater control — See Ch. 301.
Subdivision of land and site plan review — See Ch. 305.
Zoning — See Ch. 310.
The Mayor and Council do hereby find and determine that:
A. 
The unregulated and uncontrolled removal of soil from lands in the borough by certain persons has resulted in conditions detrimental to the public safety, health and general welfare, substantially hampering and deterring the efforts of the borough to effectuate the general purpose of municipal planning.
B. 
Continuation of the unregulated and uncontrolled removal of soil from lands in the borough will result in serious and irreparable damage to the public welfare by soil erosion; inadequate and improper surface drainage; the decrease or destruction of the fertility of the soil; the removal of lateral supports for abutting streets, lands and properties; the creation of dust and creation of mosquito breeding places; the creation of dangerous depressions or pits; the deterioration of property values; the rendering of lands unfit or unsuitable for their most appropriate use; and the creation of other factors and elements hampering and deterring the coordinated, adjusted and harmonious physical development of the borough.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
OWNER
Any person having title to any lot, plot, piece or parcel of land or having such other interest or estate therein as will permit the exercise of effective possession thereof or dominion thereover.
REMOVE
To remove from the lot, plot, parcel or premises upon which the soil is situated to any other lot, plot, parcel or premises not contiguous to or a part of the premises from which the soil is removed.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock or dirt without regard to the presence or absence therein of organic matter.
TOPSOIL
Soil that, in its natural state, constitutes the top layer of earth and is composed of 2% or more, by weight, of organic matter and has the ability to support vegetation.
No person, except those persons referred to in § 297-8, shall move or cause, allow, permit or suffer to be removed any soil without a permit therefor issued by the Borough Clerk.
Any person who desires to remove soil from premises in the borough shall apply for a permit therefor to the Borough Clerk and file with him a map of the premises showing the proposed contour lines and proposed grades resulting from such removal in relation to the existing topography of the premises and adjacent premises. When the application for a permit is filed, there shall be paid to the Clerk a fee in the sum of $25.
No permit for soil removal shall be issued unless the Borough Engineer approves the contour lines and grades as shown on the map filed, makes a physical examination of the lands involved and is satisfied that the removal of soil, pursuant to the permit, will not cause any of the undesirable conditions set forth in § 297-1. Upon such approval by the Borough Engineer and upon filing the bond as set forth in § 297-6, the Borough Clerk may issue a soil removal permit to the applicant. The permit shall be valid for 90 days, unless extended by the Clerk for an additional period of 90 days.
The applicant shall file with the borough a performance bond running in favor of the borough, in form and with surety acceptable to the borough, in an amount to be determined after report by the Borough Engineer as to the necessities and requirements of the undertaking. The bond shall be conditioned that the work of soil removal shall comply with this chapter in all respects and shall be done in proper manner in accordance with the grades and contour lines approved by the Borough Engineer.
A. 
In conducting operations under the permit, the holder thereof shall see to it that there shall be no sharp declivities, pits or depressions and that the area shall be properly leveled off, cleared of debris and graded to conform with the contour lines and grades approved by the Borough Engineer.
B. 
He shall not take away the top layer of arable soil for a depth of four inches, but such arable soil shall be set aside for retention on the premises. Such soil shall be respread equally when the rest of the soil has been removed, pursuant to levels and contour lines approved by the Borough Engineer.
C. 
The permit holder shall make use of only such streets for transportation of soil as are designated for that purpose by the Borough Engineer.
Nothing contained in this chapter shall prohibit the transportation of topsoil or soil into the borough from other municipalities or prohibit topsoil or soil from being transported from one lot to another within an area owned or developed, if transported in accordance with an approved map, or prevent any person in connection with the construction of a building or street from moving or excavating soil from the premises or prohibit any person in connection with the construction of a building or street from excavating and grading the premises. In all such cases there shall be compliance with Chapter 305, Subdivision of Land and Site Plan Review.