The power to regulate soil removal is included within the general police power granted by N.J.S.A 40:48-2. Regulation is specifically authorized under N.J.S.A. 4:34-39, et seq.
The borough council hereby finds that:
a. 
The land in the borough has a low water table.
b. 
The removal of topsoil, earth and other soil results in continued dampness in the ground and in the formation of areas of stagnant water.
c. 
Such areas are conducive to insect breeding and other unhealthful and unsanitary conditions detrimental to the general health, safety and welfare of the people.
For the purpose of this section, the following words and terms shall have the meaning set forth, unless another meaning is clear from the context:
REDISTRIBUTION
Any change or alteration in the grade of any property.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence of organic matter.
No person shall excavate any soil or change or alter the grade of any property within the borough without having first obtained a permit from the planning board.
The above paragraph shall not apply in the following situations:
a. 
The excavation of soil for use on the premises from which it is taken, provided that this does not involve any substantial change in the topography of the premises.
b. 
The excavation of soil in connection with the construction or alteration of the basement or foundation of a building.
c. 
Any business or industry operating within the borough engaged in the mining or processing of sand, clay or similar material.
Applications shall be made to the borough clerk, who shall forward them to the planning board, and shall be accompanied by the following:
a. 
A map of the premises showing the present contour lines and the proposed future contour lines resulting from the intended excavation or redistribution of soil.
b. 
The grades resulting from the intended removal or redistribution of soil in relation to the topography of the premises. This information may be included in the map required above.
c. 
The proposed dates for the commencement and completion of the work.
In considering the application, the planning board shall be guided by factors of soil erosion by water and wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and uses, and any other factor which is relevant to the coordinated, adjusted and harmonious development of the borough.
If, after considering such factors, the planning board determines that the proposed removal or redistribution of soil will not be detrimental to the health, safety or welfare of the borough or its inhabitants, they shall issue the necessary permit. Otherwise, they shall deny the application and shall notify the applicant. Notice of the grant or denial of the application shall be given to the applicant within a reasonable time after the application is filed.
20-6.1. 
Appeal to Council. If the application is denied, the applicant may appeal the decision of the planning board to the borough council by filing a notice in writing to that effect with the borough clerk within 10 days after receiving notice of the decision of the planning board.
20-6.2. 
Hearing, Decision. The council shall set a time and place for a hearing and shall so notify the applicant. The decision of the council rendered after a hearing shall be final.
Before the permit is issued, the applicant shall file with the planning board a bond, executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety. The amount of the bond shall be determined by the planning board, but in no event shall be less than $1,000, and shall be conditioned that the permittee will complete the work authorized by the permit in conformity with the terms of the permit and the provisions of this section on or before the date of completion set forth in the application, and that the applicant will repair any public street, structure or land which may be damaged as a result of the work authorized by the permit. A separate bond shall be required for any land subdivision.
Silt removal or redistribution conducted under a permit issued under this section shall be in accordance with the following regulations:
a. 
Operations shall be conducted so that there shall be no sharp declivities, pits or depressions.
b. 
Lands shall be graded so as to conform to the approved contour lines and grades and shall be cleared of debris.
c. 
The top layer of soil, to a depth of six inches, shall not be removed from the premises, but shall be set aside and re-spread over the premises when the remainder of the soil has been removed.
d. 
Adequate measures shall be taken to prevent erosion or the depositing of soil upon surrounding lands, streets or municipal facilities.