[1973 Code § 9:1-1]
No person (including individuals, company, firm or corporation) shall:
a. 
Excavate or otherwise move or remove, or in any way participate in all or part of the excavation, moving or removal of soil in excess of five cubic yards for sale or for any use other than on the premises from which the soil shall be taken; or
b. 
Excavate, fill or stockpile, or in any way participate in the excavation, filling or stockpiling of, soil in excess of five cubic yards; or
c. 
Change the grade or grades of premises, or participate in any way in the changing of the grade or grades of premises, without first having procured permission therefor as hereinafter provided; provided, however, that no permit shall be required for excavation in connection with the construction or alteration of a building on the premises, and the grading incidental thereto, if no soil is to be removed from the premises, and provided, further, that the building permit has actually been issued therefor.
The term "person" as used herein shall include not only the owner or owners of the premises involved, but shall also include acts prohibited, including, but not by way of limitation, any and all employees, agents or contractors of the owner or owners, and the operators of any equipment and the drivers of any vehicles or trucks. It shall not be a defense to this section that a particular vehicle may hold less than five cubic yards of soil, or that a particular individual charged with violation of this section actually excavates or otherwise moves or removes, or fills or stockpiles less than five cubic yards of soil, if the total work involved shall exceed such amount and thus require a permit under this section. It is also specifically stated that paragraphs a, b and c of this subsection are separate items, and that the five cubic yard requirement of paragraphs a and b is not applicable to paragraph c.[1]
[1]
Editor's Note: Provisions for soil erosion and sedimentation control are in the Land Development Ordinance on file in the Township Offices.
[1973 Code § 9:1-2]
As used in this section:
SOIL
Shall mean and include soil, dirt, earth, rock, or mixtures thereof, and like materials.
[1973 Code § 9:1-3]
No application for a permit under this section shall be considered unless and until the owner of the premises from which the soil is to be removed, or upon which it is to be placed, or upon which the grade or grades are to be changed, as the case may be, shall file with the Township Clerk an application requesting such permission, together with a map of the premises showing the contour lines and proposed contour grades resulting from the intended work in relation to the topography of the premises, and the proposed contour lines shall be subject to the inspection and approval of the Township Committee. No such permit shall be issued until such map has been filed, and until the proposed contour lines and grades have been examined and approved by the Township Engineer and Township Committee, and no such permit shall be issued unless and until all municipal taxes on the premises from which any soil is to be removed have been paid.
[1973 Code § 9:1-4]
The Township Engineer and Township Committee in considering and reviewing the application and in arriving at their decision shall be guided and take into consideration the public health, safety and general welfare and particular consideration shall be given to the following factors:
a. 
Soil erosion by water and wind;
b. 
Drainage;
c. 
Soil fertility;
d. 
Lateral support slopes and grades of abutting streets and lands;
e. 
Land values and uses;
f. 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township;
g. 
In the case of cuts into a bank, or a remaining bank, such bank shall not exceed a slope of one (vertical) on two (horizontal).
If, after examining the application and the map provided for in subsection 15-1.3, the Township Engineer and Township Committee shall be of the opinion that the project proposed will not create conditions inimical to the public health, welfare and safety, and will not result in the creation of any sharp declivities, pits or depressed land values, nor create any drainage, sewerage problems or other conditions of danger, permission shall be granted. Such permission may be granted subject to such conditions as are reasonably necessary to accomplish the purposes of this section. A permit shall expire three months after issuance, but may be renewed.
[1973 Code § 9:1-5]
If the permit 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.
[1973 Code § 9:1-6]
Whether or not a permit is required by this section, no person shall take away the top layer of arable soil for a depth of six inches from any premises in the Township, but such top layer of arable soil to a depth of six inches shall be set aside for retention of the premises, and shall be respread over the premises when all work has been done.
In any case where soil is removed from or to any premises in the Township, or any work is done pursuant to a permit required by this section, or in the case of the change of grade of any premises in the Township, the resulting areas upon which there is no pavement, structure or other improvement shall be covered by at least six inches of arable soil which shall be seeded and landscaped so as to prevent erosion.
[1973 Code § 9:1-7]
Before any permit required by this section shall be issued, the owner shall file with the Township Clerk a surety company bond or other guaranty in an amount to be fixed by the Township Engineer, after considering the necessities and requirements of the undertaking and in a form to be approved by the Township Attorney. The bond shall be conditioned that the work shall comply with the ordinances and regulations on the subject, and shall be done in proper manner in accordance with the approved grades, and that the top layer of soil to a depth of six inches shall be set aside and retained to be respread over the area when the project has been completed. The bond shall be further conditioned that repairs at the expense of the owner shall be made to any street or streets used in transportation if the Township shall consider repairs necessary because of such use of the streets and that the work shall be properly done without detriment to adjoining properties or detriment to the Township and without leaving any sharp declivities, and cleared of debris, and that the owner, or the one performing the operation, shall pay the costs of engineering, inspection, supervision and street cleaning incurred by the Township during the progress of the work.
[1973 Code § 9:1-8]
In the removal of soil, or transportation of same, only such streets within the Township shall be used as may be designated for that purpose by the Township Engineer and such streets shall be kept free from dirt resulting from such work.
[1973 Code § 9:1-9]
No permit required hereunder shall be issued until the maps hereinbefore referred to, and the proposed grades have been approved, and until the bond hereinbefore provided for shall have been filed with the Township Clerk, together with a fee in accordance with the following table of rates for issuance of the permits:
More than 5 but less than 100 cubic yards
$5
101 - 500 cubic yards
$10
501 - 1,500 cubic yards
$15
1,501 cubic yards and over
$25
A properly approved and properly signed permit must be in the possession of the person, company, firm or corporation desiring to do the work before any work is commenced, and it shall be the responsibility of the owner to see that the permit is in such possession.
[1973 Code § 9:1-10; Ord. No. 2013-802]
Whether or not a permit is required by this section, no person shall excavate any lands or premises within the limits of the Township for the erection, construction, or alteration of any house or building in the Township, without completing the construction to above ground level within three months after the date of the issuance of a building permit for the same.