[Ord. No. 751 § 33-1.1]
No person, firm or corporation shall do, cause or allow any of the following actions to occur, unless and until a soil permit therefor shall first have been issued by the Borough Engineer.
a. 
The addition of more than 100 cubic yards of soil to any lot.
b. 
The removal of more than 100 cubic yards of soil from any lot.
c. 
The moving of more than 100 cubic yards of soil or other material on a lot where the activity results in a change in any of the contours of the lot greater than one foot or results in a change in the drainage characteristics of the lot to the extent that there is increased or decreased runoff to any abutting properties or private or public roads.
[Ord. No. 751 § 33-1.2]
The provisions of this section shall not apply to the following:
a. 
Excavation for the construction or repair of individual subsurface sewage disposal systems (septic systems) when such construction or repair is performed pursuant to a permit duly issued by the Borough of Peapack and Gladstone Public Health Officer.
b. 
Nonresidential site plans approved by the Land Use Board.
c. 
Construction of single-family houses or structures accessory thereto, which have received construction permits from the Construction Official.
d. 
Lake or stream dredging, where approval is required by the Soil Conservation District, Bureau of Fish, Game and Wildlife, New Jersey Department of Environmental Protection or any other governmental agency.
e. 
Landscaping activities, to include but not limited to the addition of any amount of soil, provided that the activity results in no change in any of the contours of the lot greater than one foot and also does not change the lot's drainage characteristics to the extent that there is increased or decreased runoff to any abutting properties or private or public roads.
f. 
Farming activities, including plowing, spading, cultivation, harrowing or dishing of soil, or any other operation usually and ordinarily associated with the preparation of soil for agricultural or horticultural purposes.
g. 
Improvements made within a major subdivision, which have been approved by the Land Use Board. This exception specifically does not include the development of individual lots within a subdivision or any subdivision improvements which have not been reviewed and approved by the Land Use Board.
h. 
If approval is required by the Soil Conservation Service of the State of New Jersey, the Department of Environmental Protection or any other governmental agency, such approval shall be required as a condition of approval of the soil permit application and no soil permit shall be issued until such approval is obtained.
[Ord. No. 751 § 33-1.3]
An application for a soil movement permit shall be filed with the Administrative Secretary of the Land Use Board. The application shall be made in writing and shall set forth the following:
a. 
The identity and location of the applicant.
b. 
The description and location of the lands in question including property survey map, tax lot and block numbers.
c. 
The identity and location of the owner of lands.
d. 
The purpose and reason for moving the soil.
e. 
In case of removal, the place to which the soil will be removed, and the type and quantity of soil to be removed.
f. 
The proposed dates of commencement and completion of the work.
g. 
An engineer's estimate of the cost of work to be performed.
h. 
Soil erosion control measures.
i. 
Such other pertinent data as the Borough Engineer may require.
j. 
Payment of fees in accordance with Article VI.
[Ord. No. 751 § 33-1.4]
The application for soil permit shall be accompanied by a topographical map, in duplicate, of the lands in question. The map shall be prepared and certified by a licensed professional engineer, architect, landscape architect or licensed land surveyor as New Jersey law may allow. The map shall be prepared at a scale of no greater than fifty (50) feet to the inch and shall show:
a. 
The present grades (existing contour lines).
b. 
The proposed grades as will exist when the work has been completed (future contour lines).
c. 
The quantity of cubic yards of soil involved in the work (estimated).
d. 
The soil erosion measures to be employed.
e. 
Such other pertinent data as may be required by the Borough Engineer.
[Ord. No. 751 § 33-1.5]
a. 
All applications for soil movements of less than one thousand (1,000) cubic yards of soil shall be reviewed and approved or denied by the Borough Engineer, based upon the standards established herein. In the event an applicant is dissatisfied with the Borough Engineer's decision, he shall have the right to appeal the same to the Land Use Board which will hear the same de novo under paragraph b.
b. 
Major Application. Any application for soil movement of one thousand (1,000) cubic yards or more (or, in the case an applicant is dissatisfied with the Borough Engineer's decision as set forth in subsection 23-84.5a) shall be reviewed and approved or denied by the Land Use Board based upon the standards established herein. Before the application is heard by the Land Use Board, the Borough Engineer shall review the application and shall forward the same to the Land Use Board with written recommendations. The Borough Engineer shall complete his review of the application and forward the same to the Land Use Board within twenty (20) days of his deeming the same complete. Upon receipt by the Land Use Board, together with the written recommendations of the Borough Engineer, the Land Use Board shall schedule a public hearing.
[Ord. No. 751 § 33-1.6]
In considering and reviewing the application and in issuing or denying a permit, the Borough Engineer or the Land Use Board shall be guided by the general purpose of municipal planning and shall consider at a minimum the following factors:
a. 
Surface water drainage.
b. 
Soil erosion by water and wind.
c. 
Lateral support of abutting streets or public improvements.
d. 
Public health and safety.
e. 
Such other factors as may bear upon or relate to the coordinate and harmonious physical development of the Borough.
[Ord. No. 751 § 33-1.7]
a. 
Before any permit shall be issued, the applicant shall file with the Borough Clerk, any performance bond required by the Borough Engineer or the Land Use Board with satisfactory surety in the amount set by the Borough Engineer or the Land Use Board. The bond shall be conditioned upon full and faithful performance by the permit holder within the time specified in the application of all proposed work as set forth in the application which impacts public improvements. The bond shall also be conditioned upon the repair, at the expense of the applicant, of any street or streets damaged by the transportation of soil in connection with the permit if in the judgment of the Borough Engineer or the Land Use Board, such repairs will become necessary. The Borough Engineer or the Land Use Board may, in its discretion, designate particular streets which shall be used for transportation of soil. The sufficiency of the bond as to form shall be determined by the Borough Attorney.
b. 
The Borough Engineer or the Land Use Board in its reasonable discretion may waive the requirements of the posting of a performance bond. Consideration shall be given to the following factors if the bond provision is waived:
1. 
The volume of soil to be removed as estimated by the Borough Engineer.
2. 
The determination of the Borough Engineer as to the extent of work to be done.
3. 
The character of the public improvement affected.
4. 
Such other pertinent data as the Borough Engineer or the Land Use Board may deem relevant.
[Ord. No. 751 § 33-1.8]
The permit holder shall not take away the top layer of arable soil for a depth of six (6) inches, and such soil shall be set aside for retention on the premises when the rest of the soil has been removed, pursuant to levels and contour lines approved by the Borough Engineer or the Land Use Board.
[Ord. No. 751 § 33-1.9]
The Construction Official, Borough Engineer or their designees shall have at all times the right to inspect any property where a permit has been issued under the provisions of this chapter. In order to facilitate this right of inspection, the permit holder shall cause sufficient grade and boundary stakes to be put in place while work is going on or about to commence.
[Ord. No. 751 § 33-2]
Nothing contained herein shall diminish any requirements of the applicant to obtain Somerset-Union Soil Conservation District approval when required. The requirements of this section are in addition to the soil district approval requirements.
[Ord. No. 751 § 33-3]
No soil movement shall take place which would result in dangerous, unsightly, unsafe or unhealthful condition. Appropriate safety precautions shall be taken during all soil movement activities.
[Ord. No. 751 § 33-4]
All soil permits issued pursuant to this article shall be valid for one (1) year from the date of issue. Upon the permit's expiration, all work being conducted pursuant thereto will immediately cease. In the event a permit holder has not completed the work pursuant to the permit issued, the permit holder will be required to reapply for a new permit within thirty (30) days of the permit's expiration in accordance with the provisions of this article. The reissued permit may be for less than one (1) year. The permit holder is required to complete all work pursuant to the terms. Failure to complete all of the work, if any work under the permit is commenced, shall be a violation of the permit.