A. 
No owners, developer, excavator or other person shall dig, excavate, scrape or otherwise disturb, move, or cause, allow or permit to be moved, the soil on any premises in the city for use other than on the premises from which it is being taken until, after application to and a public hearing by the Planning Board, the Board shall determine that the excavation and removal of the amount of soil applied for is essential to the development of the premises from which the soil is to be excavated or removed, for a use that is permitted; or if it is claimed that the removal of the soil from the premises is a nonconforming use, until the Board of Adjustment of the city, after hearing, shall determine that the removal and sale or other disposition of the soil from the premises is a valid nonconforming use.
B. 
Should the Planning Board find and determine that the removal of the amount of soil applied for is essential to the development of the premises for a permitted use, or should the Board of Adjustment determine the existence of a nonconforming use of the premises for the removal; sale or other disposition of the soil from the premises and the extent thereof, no owner, developer, excavator or other person shall be permitted to excavate, dig, scrape or otherwise disturb or move, or cause, allow or permit to be moved, the soil on premises in the city for use other than on the premises from which it is to be taken, until a soil removal permit has been obtained from the Council.
A. 
An owner of premises in the city who claims that he cannot develop his property for a use permitted by the Zoning Regulations in Chapter 53 Development Regulations without the excavation and removal of soil to places within or outside the city shall make application to the Planning Board for a determination that the premises cannot be developed for a permitted use without the excavation and removal of soil from the premises, and of the amount and extent of the excavation and removal. The owner shall submit a preliminary map or plat with the application as provided for in the Land Subdivision Regulations in Chapter 53, Development Regulations, and shall delineate the place or places from which the soil is to be removed. The application shall also specify the number of cubic yards of soil to be removed, the length of time necessary to do so and a statement indicating why it is essential to the development of the property to remove that amount of soil. The Planning Board shall schedule and conduct a public hearing on the application in accordance with applicable provisions of the Municipal Land Use Law (N.J.S.A. 40:55-1 et seq.). Following the public hearing, it shall make findings and conclusions, based on the evidence submitted to it, on whether the removal of soil as applied for is essential to the development of the premises for a permitted use, taking into account the grades of abutting streets and lands, adjacent land values and uses, drainage and any other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the city.
B. 
Any owner of lands other than in an M-3 Mining Zone who claims the right to excavate, remove and sell or dispose of soil from his premises by reason of a valid nonconforming use shall, before beginning such operation, apply to the Board of Adjustment for a determination of such nonconforming use and the extent thereof. The Board shall accept and process the application under the authority of N.J.S.A. 40:55-39(a) and other applicable provisions of Chapter 55 of Title 40 of the Revised Statutes of New Jersey (N.J.S.A. 40:55D-70a).
C. 
No application for a soil removal permit shall be processed by the Planning Board where the intended use of the lands is not in conformity with the Zoning Ordinance of the city unless and until a variance for the intended use is granted.
A. 
Following a determination by the Planning Board that the removal of soil is essential to the development of the premises, as provided for in Section 140-4A, or a determination by the Board of Adjustment that a nonconforming use exists, as provided for in Section 140-4B, an application for a permit to remove the soil shall be presented to the Council, to the attention of the City Clerk, and shall be in writing and presented at least 10 days prior to a meeting of the Council.
B. 
The City Clerk shall determine if the application is in such form and is complete as prescribed in Section 140-6.
C. 
The Council shall make a preliminary study of the application, which if in order, shall be referred to the Engineer for study and report.
D. 
The Engineer shall make a study and report in writing to the Council within 31 days of the date of referral. The Council may disapprove of the application without forwarding it to the Engineer upon a factual finding that the application is not in the best interest of the public health, safety or general welfare.
E. 
Upon receiving the report, the Council shall take appropriate action no later than at the second regular meeting following the receipt of the recommendations.
The application shall be filed in triplicate on a form supplied by the Engineer and shall provide the following information:
A. 
The identity and address of the applicant.
B. 
A description of the land in question.
C. 
The identity and address of the owner of the land.
D. 
An estimate in cubic yards of the quantity of soil to be moved, broken down into two figures, topsoil and other soil.
E. 
In the removal of topsoil, the amount to be removed from the city shall be estimated and stated on the application.
F. 
The proposed dates of commencement and completion of the work, the completion not to exceed one year from the date of approval of the application.
G. 
An estimate of the type and number of machines and other equipment to be used in the operation, the daily starting and finishing time during which the machines are to be operated, and the protection to be provided to keep children and others having no business on the land from gaining access.
With the application there shall be filed in triplicate a topographical map of the land upon which the proposed soil moving operations are to be conducted and a reasonable engineering estimate of surrounding lands within 200 feet of the perimeter of the land which is the subject matter of the application, prepared and certified by a licensed professional civil engineer or land surveyor of the State of New Jersey, on the scale of not less than one inch to 100 feet, and referred to in the United States Coast and Geodetic Survey data, showing:
A. 
The dimensions of the land and the lot and block number of the land and of each lot surrounding the land within 200 feet as shown on the last Tax Assessment Map of the city.
B. 
The present grade on a fifty-foot grid layout with contour lines at two-foot levels up to and including five acres, one-hundred-foot grids with contour lines at five-foot levels. Where access to adjoining lands is not permitted, the contour lines of the perimeter lands shall be taken from the available State of New Jersey or United States Coast and Geodetic Survey Map of the particular area.
C. 
The existing elevations of all buildings, structures, streets, streams, bodies of water and watercourses, natural or artificial.
D. 
All existing surface and subsurface water drainage conditions and provisions therefor.
E. 
All wooded areas.
F. 
The proposed grades at points in Subsection B. when the work has been completed, with the requirements as contained therein.
G. 
The quantity in cubic yards of the soil involved in the work.
H. 
The average depth of topsoil as determined by taking borings in the approximate center of each one-hundred-foot grid.
I. 
The grades of all abutting streets and lands.
J. 
Proposed slopes and lateral supports at the limits of the area upon completion of the proposed work.
K. 
The proposed details of entry and egress for surface water drainage of any streams, bodies of water and watercourses, natural or artificial.
The applicant shall furnish any other pertinent data the Engineer may require after he has examined the proposed project, including the extent in cubic yards of topsoil to be removed and whether the topsoil is to be replaced on the site in question or moved to some other place, and if so, whether inside or outside the city.