As used in this article, the following terms shall have the meanings indicated below. Where a word is not otherwise defined herein, the definition set forth in Chapter 245, § 245-3 shall apply.
CUT AND FILL OPERATIONS
All soil moving activities that do not involve either removal or importation.
MAJOR SOIL MOVING PERMIT
A permit for the moving of 1,000 cubic yards or more of soil.
MINOR SOIL MOVING PERMIT
A permit for the moving of less than 1,000 cubic yards of soil.
PLANNING BOARD
For the purposes of this article, "Planning Board" shall also mean the Zoning Board of Adjustment for those cases that may come under Zoning Board of Adjustment review.
PREMISES
One or more contiguous parcels of land in single ownership.
SOIL
All unconsolidated mineral and organic material, of whatever origin, that overlies bedrock and can be readily excavated.
SOIL IMPORTATION
The transporting of soil onto any premises in the Borough from elsewhere.
SOIL REMOVAL
The transporting of any soil from any premises in the Borough for use elsewhere.
STRIPPING
Any activity which removes or significantly disturbs the vegetated surface cover of land, including clearing and grading operations and the like.
SUBSOIL
All soil beneath the top layer of soil, be it sand, gravel, clay, stone, rock, stone aggregate, dirt or a combination of one or more of the foregoing or otherwise.
No person shall disturb the soil by soil removal, soil importation or cut and fill operations on any premises in the Borough unless a permit is first secured. Exemptions may be made only in the following cases:
A. 
Soil moving activities of less than 50 cubic yards provided that the change in elevation is no more than two feet at any point. One exemption under this category shall be allowed for one property in any twenty-four-month period.
B. 
Excavation for foundations or swimming pools where the grade is no more than 15%.
C. 
Those cases where a site plan or major subdivision application is under consideration by the Planning Board or Board of Adjustment.
A. 
Where a permit for soil moving is required, the owner of the premises, lessee or a representative shall first file with the administrative officer an application requesting such permission, together with a map of the premises, in duplicate, showing existing and proposed finished grade contour lines. The map shall also show the present and proposed topography of the premises in relation to the location and elevation of all abutting streets and adjoining properties. If buildings are to be constructed, their location shall be shown and elevation sketches shall be provided. The source of fill material must be identified, including the name and address of the supplier.
B. 
In the case of a major soil moving permit, plans shall be prepared by a New Jersey licensed professional engineer or other qualified professional. For a minor soil moving permit, the construction official may require such preparation if (s)he deems the plans as submitted to be inadequate.
A. 
Applications shall be made on the appropriate forms, and shall be filed with the Planning Board Administrator. Upon receipt of the application and attachments, together with the fees specified in § 111-3F, the administrative officer shall deliver copies of each to the Construction Official and Borough Engineer for review and processing as herein prescribed.
B. 
Minor soil moving permit. In cases involving a minor soil moving permit, the Borough Engineer shall review the application and, following its approval, the Construction Official shall issue the permit.
C. 
Major soil moving permit. Cases involving a major soil moving permit shall require a public hearing before the Planning Board, in accordance with § 245-62 and shall require a performance bond, as detailed in § 102-16.
In considering the application, the Planning Board or the construction official shall be guided by and shall take into consideration the following factors:
A. 
Soil erosion by wind and water.
B. 
Drainage. No sharp declivities or pits shall be formed.
C. 
Water runoff. No increase in the quantity or velocity of stormwater emanating from the land, in accordance with Article V.
D. 
Soil fertility.
E. 
The landscaping plan. Provision shall be included for protection of the vegetation that is to be retained both on and off the site, with the understanding that disturbing or covering soil within the dripline of a tree may have a negative effect on the health of that tree.
F. 
Lateral support slopes and grades of abutting streets and lands.
G. 
Wellhead protection area guidelines.
H. 
Adequacy of buffering of the surrounding properties.
I. 
Cover. Fill shall be covered with clean arable soil or, in the case of a driveway, with stones or gravel.
J. 
Land values and uses.
K. 
Authority of applicant.
L. 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.
M. 
Additional consideration shall be given cases involving premises that, by virtue of their nature, location and other characteristics, are suitable for, and capable of, major subdivision under the appropriate ordinances and statutes. The Planning Board shall review such applications in light of this section, as well as sound planning considerations, zoning requirements, the Master Plan, any pending subdivision application and the nature of the surrounding terrain and proposed contours.
A. 
If, after considering the application and all maps, reports and other documents or evidence, the Planning Board or construction official determines that the proposed soil moving operation will not adversely affect the public health, safety or general welfare, a permit shall be granted to the applicant and shall include a reasonable time limit for completion of the operation.
B. 
In granting permits under this section, the Planning Board or construction official shall have the power to condition the permit upon compliance by the applicant with such terms and conditions as may be deemed necessary or advisable to effect the provisions and intent of this section. Such conditions may include the requirement of as-built plans.
A. 
Before a major soil moving permit shall be effective, the applicant shall file with the Borough Council a performance bond, conditioned upon full compliance with all of the terms and conditions of approval, including the provisions of this chapter. The amount of such bond shall be fixed by the Borough Council, upon recommendation of the Borough Engineer. The bond shall be in the form of cash or a surety bond in a form and with surety acceptable to the Borough Attorney.
B. 
Where a surety bond is given, the Borough Council shall have the right to demand a cash bond equal to 10% of the total amount, it being understood that, in the event of default, the cash deposit shall be resorted to first by the Borough in pursuing its remedies.
If permission for soil moving is granted, the owner and/or lessee shall bear responsibility for insuring that the operation is so conducted that:
A. 
There shall be no sharp declivities, pits or depressions. The area shall be properly leveled off, cleared of debris and graded to conform to the contour lines and grades as approved by the Planning Board or construction official.
B. 
There shall be no damage to or littering of roads or other Borough property or private property in the Borough.
C. 
The top layer of arable soil to a depth of six inches shall not be taken away. This soil shall be set aside for retention on the premises and shall be respread, consistent with approved levels and contour lines, when the rest of the soil has been properly graded. Nothing herein shall preclude the removal of nonarable soil and replacement thereof with arable soil to a depth of no less than six inches.