The terms used in this chapter shall be deemed and construed
to have the following meanings:
CLEAN
Broom clean; all soil removed.
ENVIRONMENTAL CONSULTANT
Individual or firm appointed or retained by the Borough Council.
The individual or firm shall possess a degree from an accredited institution
of higher learning in environmental studies.
EROSION AND SEDIMENT CONTROL MEASURES
Hay bales, filter fence, diversion berms, swales, stabilized
construction entrances, stone inlet filters, inlet covers, etc., and
any and all other devices deemed necessary by the County Soil Conservation
District and/or the Borough Engineer.
EXCAVATOR
Any person who shall move or remove soil, as the terms are
hereinafter defined.
MOVE
To dig; to excavate; to remove; to import; to export; to
deposit; to place; to dump; to fill; to backfill; to deliver; to grade,
regrade or level; to rough grade or fine grade; to level, relocate
or otherwise alter or change the location or contour; to transport;
to supply; to extract or to shift the location of tree stumps. This
term shall not be construed to include plowing, spading, cultivating,
harrowing or disking of soil or any other operation usually and ordinarily
associated with the tilling of soil for agricultural or horticultural
purposes.
PERSON
Any individual, firm, association, partnership or corporation,
or any group of two or more of them.
SOIL
Any earth, sand, clay, loam, gravel, humus, tree stumps,
minerals, mud, silt, ore, muck, stone, rock or dirt, without regard
to the presence or absence therein of organic matter, and any debris,
whether organic or construction debris, including but not limited
to asphalt, concrete and macadam.
SOIL MOVEMENT OPERATION
Delivery or removal of equipment or materials associated
with soil movement; soil movement; installation or removal of erosion
control measures; starting or warm-up of equipment; arrival, departure
or waiting of transport vehicles for equipment or soil; street cleaning;
restoration; revegetation.
STOCKPILE
A reserve supply of soil accumulated on site in anticipation
of future use on or off site.
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.
The Borough Council finds that the following general purposes
of municipal planning and land use and regulations shall be taken
into consideration when reviewing all proposed soil movement in the
Borough of Lodi:
A. The general welfare of the Borough of Lodi and its citizens.
B. Public health and safety of Borough of Lodi residents.
C. Soil erosion by water and wind.
F. Lateral support of abutting streets and land.
G. The unsightliness of the premises after excavation and during construction.
H. The effect of flooding upon the premises in question.
I. The prevention of any nuisance caused by soil movement operations.
K. The effect that the proposed movement of soil would have on individual
sanitary sewerage disposal systems.
L. The effect on surrounding land values and uses.
M. Whether the proposed work is necessary in connection with the immediate
development of the property.
N. Such other factors as may bear upon or relate to the development
of the coordinated, adjusted and harmonious physical development of
the Borough.
O. The preservation of existing wetlands and watercourses and noninterference
with wetlands, stream beds, stream or watercourse, banks or their
stabilization.
P. The creation of sharp declivities, pits or depressions.
Q. The prevention of soil mining.
The Planning Board shall at all times be the final and ultimate
power with respect to the issuance of permits as provided by this
chapter and the suspension, revocation or conditioning of all soil
movement permits.