[1972 Code § 18-1]
The Council, in order to promote, develop and maintain a harmonious balance between man and the natural processes and to effectuate the general purpose of municipal planning, with an intent towards the promotion of sensitive land development, the guiding of inevitable land development and the opposition to unnecessary or detrimental land development and the deterioration of property values, through the consideration of aesthetics, good landscaping and sound engineering practice, hereby finds and determines that the unregulated and uncontrolled relocation, excavation and removal of soil on a large scale has or will result in conditions detrimental to the public safety, health and general welfare and to the development of the Township.
[1972 Code § 18-2; New]
For the purposes of this Article, the following terms shall have the meanings indicated:
APPLICANT
Shall mean the person requesting a soil removal permit as provided for in this Article.
DEVELOPER
Shall mean any person who, either directly or through an agent or independent contractor, engages or intends to engage in land subdivision or development or in the construction of two or more dwelling houses or business or industrial buildings in any subdivision for the purpose of sale to or occupancy by another person or persons.
DIRECTOR
Shall mean the Director of Community Development or his or her designated representative.
EXCAVATOR
Shall mean any person engaged in the moving, removal or excavation of soil from, in or upon any land in the Township.
LOT
Shall mean a parcel or plot of land occupied or designed to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are arranged and designed to be used in connection with such buildings.
MOVE
Shall mean to dig, excavate, remove, deposit, fill, grade, replace, level or otherwise alter or change the location or contour of land; to plow, spade, cultivate, harrow or disc the soil; or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes.
OWNER
Shall mean any person seized in fee simple of any lot, subdivision or premises or having any interest or estate therein which would permit effective possession thereof or dominion therefor.
PREMISES
Shall mean one or more contiguous lots in single ownership.
REDISTRIBUTION
Shall mean any change or alteration in the grade of any land.
SOIL
Shall mean earth, sand, clay, loam, gravel, humus, rock or dirt without regard to the presence or absence of organic matter.
SUBSOIL
Shall mean all soil except topsoil.
TOPSOIL
Shall mean 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 and growth.
[1972 Code § 18-3]
No owner, developer, excavator or other person shall move or cause, allow, permit or suffer to be moved any topsoil or subsoil in the Township for use other than on the lot from which it shall be taken, except as otherwise defined or provided for in this Article, unless and until after application to the Director of Community Development or his/her designated representative. The Director shall first determine that the excavation and removal of the amount of soil applied for is necessary and essential to the development of the lot from which the soil is to be excavated or removed.
[1972 Code § 18-4]
Should the Director or his/her designated representative find and determine that the removal of the amount and type of soil applied for is necessary and essential to the development of the lot, then the appropriate soil removal permit may be issued. If the lot is part of a subdivision presently under construction, then a permit shall be required only if the soil is to be removed from the subdivision.
[1972 Code § 18-4.1]
a. 
A permit for removal of topsoil shall not be issued until all of the occupants of the building have been determined or final site plan approval has been obtained.
b. 
Topsoil which is to remain for future use shall be stored and maintained at designated locations within the permit area in accordance with Article 2, Soil Erosion and Sediment Control.
c. 
A topsoil permit shall not be issued until the owner, developer or excavator adequately certifies to the Township Engineer that this topsoil has no present or potential use on the lot or within the entire subdivision. Approval of the topsoil removal permit shall only be granted by the Township Council after receipt of an advisory opinion from the Township Engineer.
d. 
Where the Director certifies that the topsoil to be removed will be donated to the Township for public use, the removal permit need not be submitted to the Township Council. A copy of the certification shall be furnished to the Council.
[1972 Code § 18-5]
Applications shall contain the following information in a form and to a degree to be determined by the Director:
a. 
Names and addresses of the applicant, the owner, the developer and the excavator.
b. 
Lot and block numbers of the land from which soil is to be removed, as shown on the current Tax Map of the Township.
c. 
Location to which soil is to be removed.
d. 
Route to be taken during the removal operation.
e. 
Reason for removing soil.
f. 
The proposed dates for the commencement and completion of the soil removal, not to exceed three months for any single application.
g. 
A map of the lot showing the present contour lines and the proposed future contour lines resulting from the intended excavation or redistribution of soil.
h. 
Color photographs of the removal area before excavation, the number of photographs to be determined by the Township Engineer.
i. 
Copy of an approved soil erosion and sediment control permit.
j. 
Such other pertinent data as the Director may deem necessary.
[1972 Code § 18-6]
a. 
In considering the application, the Director shall be guided by the following factors:
1. 
Soil erosion by water and wind.
2. 
Inadequate and improper surface water drainage.
3. 
Impairment of soil fertility.
4. 
Removal of lateral support of abutting streets and lands.
5. 
Creation of dangerous depressions and declivities.
6. 
Land values and uses.
7. 
The statements and findings in Section 26-1 of this Article.
8. 
Any other factor which is relevant to the coordinated, adjusted and harmonious development of the Township.
b. 
If, after considering the above factors, the Director determines that the proposed removal or redistribution of soil will not be detrimental to the health, safety and welfare of the Township or its inhabitants, he may issue the necessary permit. Otherwise, he shall deny the application and shall notify the applicant. The Director shall have 30 days after the application is filed within which to notify the applicant whether the application has been granted or denied.
[1972 Code § 18-7]
If an application is denied, the applicant may appeal the decision of the Director by filing a written notice of appeal with the Mayor within 10 days after receiving the notice of denial of application. If the applicant is not satisfied with the action taken by the Mayor, he may then file a written notice of appeal within the Council. The Council shall hear the appeal within 20 days of the receipt of such notice and modify, affirm or reverse the decision laid down by the Mayor.
[1972 Code § 18-8]
A fee of $100 shall accompany each application to cover the cost incurred in investigating and processing the application and will be retained by the Township whether the permit issued or denied. In addition, an inspection and enforcement fee of $0.10 per cubic yard of soil to be removed shall be paid by the applicant to the Township, to be retained by the Township if the permit is issued and returned to the applicant if the application is denied or withdrawn.
[1972 Code § 18-9]
Before the permit is issued, the applicant shall file with the Director 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 Director but in no event shall be less than $1,000 and shall be conditioned as follows:
a. 
That the applicant will complete the work authorized by the permit in conformity with the terms of the permit and the provisions of this Article on or before the date of completion set forth in the application.
b. 
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.
c. 
No bond shall be required where the soil to be removed is limited to subsoil.
d. 
In those instances where the Director certifies that the soil to be removed will be donated to the Township for public use, no bond will be required. A copy of the certification shall be furnished to the Council.
[1972 Code § 18-10]
a. 
Soil removal or redistribution conducted under a permit issued under this Article shall be in accordance with the following regulations:
1. 
Operations shall be conducted so that there shall be no sharp declivities, pits or depressions.
2. 
Lands shall be graded so as to conform to the approved contour lines and grades and shall be cleared of debris.
3. 
A minimum of 12 inches of top soil shall remain over the entire lot from which soil was removed, except for those portions of the lot occupied by a building or structure, or pavement, in accordance with the approved plans and specifications for the development thereof, upon completion of the intended construction.
4. 
All of the work described in this Article shall be performed between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. No work shall be performed on days when the Department is closed.
5. 
Adequate measures shall be taken to prevent erosion and sedimentation of soil upon surrounding lands, streets, municipal facilities, bodies of water or waterways, in accordance with the provisions of Article II, Soil Erosion and Sediment Control.
6. 
The Department shall be notified at least 48 hours before the removal of soil begins.
b. 
An accounting of the soil removed shall consist of inspection by the Director of the receipts given the applicant by the excavator for the soil removed. The receipts shall record the type and amount of soil taken, the date it was removed, and the capacity of the truck. A final written estimate of the amount removed shall be submitted by the applicant. The Director must be satisfied that the inspected receipts account for all of the amounts indicated in that final estimate. If that amount exceeds the original amount stated on the application, a fee for those additional cubic yards of soil shall be paid by the applicant to the Township at the same rates stated under Section 26-9, Fees. The Director shall certify that the data is true and accurate and shall make a permanent record of the total amount, by type, of the soil removed.
[1972 Code § 18-11]
Nothing in this Article shall be construed to prevent the Township from taking injunctive proceedings to restrain removal of soil as described in this Article.
[1972 Code § 18-12]
Any officials from the Township and their agents shall have the right at all times to inspect any property where a permit has been issued under this Article.
[1972 Code § 18-13]
The following activities shall be exempt from the provisions of this Article:
a. 
Agricultural use of land.
b. 
Existing single-family homes one acre or less in size.
[1972 Code § 18-14]
a. 
Any person, firm or corporation who or which shall violate any provision of this Article shall be liable to a fine of not more than $500 or to imprisonment for a term not exceeding 90 days, or both, and each day in which such violation continues shall constitute a separate violation or offense.
b. 
The Director of Community Development or his/her Designated Representative may also suspend the approval for a period of not less than 10 days, or may revoke the approval after notification in writing by an authorized officer, agent, or employee of the Township to the holder of the approval. If revoked, no soil permit shall again be issued unless a new application is made.