[Ord. #13-06, § 1]
This chapter is intended to regulate the removal, importation
and movement of soil. The term "soil" as used herein, is intended
to mean, but not be limited to, the following: soil, mulch, wood chips,
stone, rock, dirt, tree stumps, grass clippings and gravel, or any
mixture thereof. If there is any dispute as to the matters regulated
herein, the Borough Engineer's decision shall be controlling.
The term "approving authority" shall mean the governing body, Planning
Board or Board of Adjustment.
[Ord. #13-06, § 2]
No person shall excavate or otherwise remove soil in quantities
of fifty (50) or more cubic yards under the provisions of this chapter
without first having procured permission therefor from the governing
body, provided that should such applicant also require approval from
the Planning Board or Board of Adjustment, such Board shall have jurisdiction
over the application. This chapter shall also apply to excavation
or to soil excavated or removed in connection with swimming pool installations.
[Ord. #13-06, § 3]
The approving authority shall not consider any application for
the removal of soil from the premises, for sale or otherwise, unless
and until the owner of the premises shall first file with the Construction
Code Official an application requesting such permission, together
with a map of the premises showing the contour lines and proposed
contour grades resulting from such intended removal of soil in relation
to the topography of the premises, and said proposed contour lines
and proposed grades shall be subject to inspection by the Borough
Engineer and approval of the approving authority of the Borough of
Midland Park. No such permission for soil removal shall be issued
until such map has been filed and until the proposed contour lines
and grades have been approved by the Borough Engineer and the approving
authority.
[Ord. #13-06, § 5]
If permission to remove the soil shall be granted, the owner
or person in charge shall so conduct the operations that there shall
be no sharp declivities, pits or depressions and in such a manner
that the area shall be properly leveled off, cleared of debris and
graded to conform to the contour lines and grades as approved by the
approving authority of the Borough of Midland Park. No excavation
below the proposed sub-grade elevations prior to respreading of six
(6") inches of topsoil, as shown on the approved soil removal plan,
shall be permitted. Burying of boulders will be permitted, but only
under the direction of the Borough Engineer.
[Ord. #13-06, § 7]
No excavation shall be made and no soil shall be removed in
quantities of fifty (50) or more cubic yards under the provisions
of this chapter unless a permit therefore shall have been first obtained
and the required fee and engineering escrow shall have been deposited
as provided herein, and no excavation shall be made and no soil shall
be removed except in conformity with the provisions of this chapter.