For the purpose of this chapter, unless from the context a different
meaning clearly appears, the following terms shall have the meanings
indicated:
APPROVING AUTHORITY
The Approving Authority shall be the Township Planning Board,
unless the soil moving is part of an application brought before the
Zoning Board of Adjustment when, under those circumstances, the Zoning
Board of Adjustment shall be the Approving Authority.
PERSON
Includes individuals, firms, associations, partnerships and
corporations.
PREMISES
One or more contiguous parcels of land in single ownership.
Parcels shall not be deemed to be contiguous if separated by a road,
railroad, right-of-way, brook, stream or other natural division.
SOIL
Includes both surface (or top) soil and subsoil, excluding
landscaping mulch and sub base gravel used for roadways.
SOIL MOVEMENT
The removal from or import of soil to any premises within
the Township.
SUBSOIL
All soil beneath the top layer of soil, be it sand, gravel,
clay, stone, rock, stone aggregate, dirt or a combination of one or
more of the foregoing, or otherwise.
TOWNSHIP
The Township of Montville, Morris County, New Jersey.
No person shall import or export soil on any premises in the
Township of Montville nor shall any person remove or cause the removal
of any soil from any premises in the Township for use on other premises,
whether such removal is for sale, gift or otherwise, unless a permit
therefor is first secured from the Township as hereinafter provided.
In addition, no soil shall be moved in excess of an amount necessary
to reasonably develop a property for a use permitted by the Land Use
Ordinance of the Township of Montville.
No application for soil movement on the premises for sale or
otherwise shall be considered unless and until the owner of the premises
shall first file with the Township Engineer, or the Approving Authority,
an application requesting such permission, together with a topographical
map of the original ground and all improvements which shall be installed
upon completion of the soil movement operation. Said map shall show
the premises and the present and proposed topography of the same in
relation to the location and elevation of all abutting streets and
adjoining properties. The map shall show existing structures, watercourses,
soil types and quantities of soil to be moved. This map must be approved
by the Township Engineer or the Approving Authority prior to commencement
of the soil movement operation.
If permission to move soil shall be granted, the owner or person
in charge shall so conduct the operation that there shall be no sharp
declivities, pits or depressions and in such manner that the area
shall be properly leveled off, cleared of debris and graded to conform
to the contour lines and grade as approved by the Approving Authority
or the Township Engineer, as the case may be.
From and after the effective date of this chapter, no soil shall
be excavated, moved, imported or otherwise disturbed at any premises
in the Township of Montville other than in accordance with the provisions
of this chapter.
Any person, firm or corporation violating any of the provisions
of this chapter shall be subject to a fine not exceeding $1,000 or
imprisonment in the County Jail for a term not exceeding 90 days,
or both, or by a period of community service not exceeding 90 days,
in the discretion of the Judge before whom such conviction shall be
had. Each and every violation of and nonconformance with this chapter,
or each day that any provision of chapter shall have been violated,
shall be construed as a separate and distinct violation thereof.