Township of Parsippany-Troy Hills, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills by Ord. No. 91:63. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 150.
Subdivision of land — See Ch. 225.

§ 350-1 Legislative purpose.

A. 
The unregulated and uncontrolled relocation, filling, excavation and moving of soil and/or fill has resulted and can result in conditions detrimental to the public safety, health and general welfare, substantially hampering and deterring the efforts of the Township of Parsippany-Troy Hills to effectuate the general purpose of municipal planning, and must be controlled.
B. 
The unregulated and uncontrolled relocation, filling, excavation and moving of soil and/or fill will result in serious and irreparable damage to the public welfare by reason of consequent soil erosion by water and wind; inadequate and improper surface water drainage; increased flooding and flood damage both within and without the Township; the decrease in or destruction of the fertility of soil; the removal of lateral support of abutting streets, land and premises; the creation of dust storms and mosquito-breeding areas; the creation of dangerous depressions; the deterioration of property values; the rendering of lands unfit or unsuitable to their most appropriate uses; and the creation of other factors and elements affecting the coordinated, adjusted and harmonious physical development of the Township, and must be controlled and regulated.

§ 350-2 Purpose.

The purpose of this chapter shall be to prevent the unregulated and uncontrolled relocation, filling, excavation and moving of soil and/or fill by property owners, developers and excavators which may result in conditions detrimental to the public safety, health, and general welfare, substantially hampering and deterring the efforts of the Township to effectuate the general purpose as expressed herein.

§ 350-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person or entity who, either directly or through an employee, agent or independent contractor, or any other representative engages or intends to engage in depositing, storing, excavating, removing, moving on-site, grading, or regrading five cubic yards or more of soil and/or fill, as defined in this chapter, from, to, or upon any lot, lots, or parcel of land within the Township of Parsippany-Troy Hills.
EXCAVATOR
Any person who deposits, stores, excavates, removes, moves, grades, or regrades soil and/or fill.
LOT
Any parcel of land or portion thereof, the boundary lines of which can be ascertained by reference to the maps and records, either in the office of the Tax Assessor of the Township or in the office of the Morris County Clerk. For the purposes of this chapter, a "lot" shall also be deemed to be any contiguous parcels of land under common ownership, which ownership can be ascertained by reference to the maps and records, either in the office of the Tax Assessor of the Township or in the office of the Morris County Clerk.
MAJOR SOIL PERMIT
Any soil permit other than a minor soil permit for the moving of soil and/or fill within any period of 12 consecutive months.
MINOR SOIL PERMIT
The permit for the moving of more than five but less than 100 cubic yards of soil and/or fill within any 12 consecutive months, as required by § 350-5 hereof, and which is not submitted with or determined to affect an application for subdivision or site plan approval. If two or more applications in any 12 consecutive months' period require the movement of soil and/or fill in excess of 100 cubic yards in the aggregate, said application shall be classified as a major soil moving application and shall be required to comply with § 350-6 hereof.
MOVE
To dig; excavate; remove; deposit; place; fill; grade; regrade; level or otherwise alter or change the location or contour; or to transport or to supply soil and/or fill. This term shall not be construed to include plowing, spading, cultivating, harrowing or disking of soil and/or fill or any other operation usually and ordinarily associated with the tilling of soil and/or fill for agricultural or horticultural purposes, landscaping and gardening by homeowners or agents of homeowners, provided it does not alter existing drainage patterns.
OWNER
Any person seized in fee simple of any lot or having such other interest or estate therein as will permit exercise of effective possession thereof or dominion thereover.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock, or dirt, without regard to the presence or absence therein of organic matter, including any synthetic substance used as a substitute or in conjunction with soil.
SUITABLE FILL
Suitable materials shall include but not be limited to materials such as earth, clay, gravel, stone, dirt, etc., as determined by the Township Engineer.
TOPSOIL
Soil and/or fill that, in its natural state, constitutes the top layer of earth and is composed of 2% or more by weight of organic matter and has the ability to support vegetation.
UNSUITABLE FILL
Unsuitable materials are materials such as peat moss, organic material, vegetation, leaves, tree stumps, wood chips, sawdust, chemical waste, tires, wooden logs, etc., as determined by the Township Engineer.

§ 350-4 Soil moving permit required.

No owner, applicant, excavator, or other person or entity shall move or cause, allow, permit or suffer to be moved five cubic yards of soil and/or fill in or upon any lot in the Township until a soil moving permit therefor shall first have been issued in accordance with the provisions of this chapter.

§ 350-5 Application for minor soil moving permit.

The procedure for applying for and issuance of a minor soil moving permit shall be as follows:
A. 
Applications for minor soil permits shall be filed with the Township Engineer and shall be accompanied by the fee prescribed in § 350-7A(1) of this chapter. Applications shall be made in triplicate, on forms prescribed by the Township and supplied by the Township Engineer. In addition to any other requirements which the Township, acting through the Township Engineer, may require on data pertinent to the application, the application shall show the following:
(1) 
The name, address and telephone number of the applicant.
(2) 
The lot and block numbers and street address of the lot or lots involved.
(3) 
The name, address and telephone number of the owner of the property.
(4) 
The purpose or reason for the moving of soil and/or fill.
(5) 
The kind and estimated maximum quantity in cubic yards of soil and/or fill to be moved.
(6) 
The maximum amount of soil and/or fill to be moved in any one day.
(7) 
A statement as to how the moving of the soil and/or fill will affect all trees with a diameter of six inches or more. This statement must relate to trees in the area where soil and/or fill will actually be moved, and also any trees which are beyond said area but might be affected due to equipment and/or trucks being transported over or proximate to said trees or their root systems.
(8) 
The proposed date of start and completion of the work.
(9) 
The Township Engineer may require the applicant to submit an existing topographical map and proposed grading and drainage plan and give notification by certified mail to the abutting property owners or other property owners who may be directly or indirectly affected if the Township Engineer deems it necessary due to the existence of drainage or erosion problems and to protect the health, safety and welfare of the applicant, the property and the community.
(10) 
The destination of soil and/or fill to be moved, the route over which the material will be transported; the hours of operation, whether it be actual excavation or soil and/or fill moving activity; or the transporting of soil and/or fill shall be set forth in the application. Additionally, all safety procedures and precautions which shall be taken shall be enumerated in the application as well as the method of storage of any soil and/or fill on any property within the Township and all procedures which shall be followed for the storage of soil and/or fill which will ensure that the subject property, abutting properties, any other properties, driveways, walkways, streets, and other facilities will not be adversely affected by the storage of said soil and/or fill and this shall include, but not be limited to, all soil and/or fill erosion and sediment control measures which shall be implemented.
(11) 
The name, address, and telephone number of the person having direct charge over the soil and/or fill moving operation.
(12) 
The name, address and telephone number of the excavator, contractor, or person having express charge, supervision, and control of the actual site excavation or soil and/or fill moving.
(13) 
An alternate person, address, and phone number who may be contacted in the event the person or persons listed in Subsection A(11) or (12) above are not available.
B. 
The Township Engineer, upon receipt of the application, shall make a field investigation and shall issue the permit or deny it, giving the reasons for denial. The Township Engineer will forward a copy of the permit to the Township Clerk, the Planning Board or Board of Adjustment and one copy to the applicant and shall retain one copy on file. The Township Engineer shall classify any minor soil application as a major soil application if he finds that the application should be considered as part of a site plan or subdivision application, or that the application may present drainage or erosion problems, or that it may adversely affect abutting property, or other property.

§ 350-6 Application for major soil moving permit.

The procedure for applying for and issuance of a major soil moving permit shall be as follows:
A. 
Forms; contents. On forms prescribed and supplied by the Planning Board or Board of Adjustment, the applicant shall set forth, in duplicate, to the Planning Board or Board of Adjustment, with carbon copies to the Township Engineer and Zoning Enforcement Official's office:
(1) 
The name, address and telephone number of the applicant.
(2) 
The names, addresses and telephone numbers of the owners of the premises.
(3) 
If the soil moving application is submitted in conjunction with site plans and subdivisions and the applicant or owner is a corporation, the names, addresses and telephone numbers of the officers of the corporation, the board of directors and each and every stockholder of record possessing greater than 10% interest in the stock of the corporation.
(4) 
The relationship between the applicant and the owners.
(5) 
The interest that the applicant has in the lands in question.
(6) 
The description of the lands in question, including lot and block numbers of the lot or lots involved and street addresses.
(7) 
The purpose or reason for moving the soil and/or fill and whether it will be done in connection with a proposed subdivision; if so, the date of filing the application for subdivision and the approval date of the subdivision.
(8) 
A detailed statement of the method or process to be employed for the excavation and the proposed time period for moving.
(9) 
The kind and quantity in cubic yards of the soil and/or fill to be moved or removed.
(10) 
In case of deposit, removal, or replacement of soil and/or fill, the place to which the soil and/or fill is to be deposited, removed, or replaced and the place from which and quantity of soil and/or fill to be deposited, moved, or removed, in fill and excavation, and the transportation route to be used within the Township.
(11) 
The proposed date of the start and completion of the work, including hours and days of operation.
(12) 
The name, address and telephone number of the excavator, contractor or the person having express charge, supervision and control of the proposed excavation work.
(13) 
The number, capacity, type and description of each piece of equipment to be used in the operation and the number of truckloads to be moved.
(14) 
The routes over which the material will be transported and the method of traffic control.
(15) 
The method of abating noise and dust in the operation.
(16) 
The location, type, and number of trees to be removed and a statement as to how the moving of soil and/or fill will affect all trees with a diameter of six inches or more, and the applicant must comply with Chapter 392, Trees. This statement must relate to trees in the area where soil and/or fill will actually be moved, and also any trees which are beyond said area but might be affected due to equipment and/or trucks being transported over or proximate to said trees or their root systems.
(17) 
The means of assuring lateral support and preventing erosion, floods and washing of silt into streams.
(18) 
The submission of an integral soil and/or fill erosion and sedimentation control plan.
(19) 
The means of protecting neighboring properties, or any other properties which may be affected, from the effects of the operation.
(20) 
A certificate that the applicant has placed or caused to be placed stakes at each corner of the lot or lots on which soil and/or fill is to be moved, and further, that the applicant has placed or caused to be placed grade stakes at the existing elevation points designated on the topographical map pursuant to the provisions of this chapter, clearly marked to indicate the soil and/or fill cuts or fill.
(21) 
In the event that the moving of said soil and/or fill is in connection with development or subdivision, all of the information required under the terms of the applicable Subdivision Ordinance[1] of the Township of Parsippany-Troy Hills must also be submitted.
[1]
Editor's Note: See Ch. 225, Land Use, Subdivisions and Site Plans.
(22) 
Such other pertinent data as the Planning Board or Board of Adjustment of the Township of Parsippany-Troy Hills may hereinafter reasonably require.
(23) 
The moving of soil and/or fill in, to, or from floodplains must be approved by the New Jersey Department of Environmental Protection before any municipal permit is obtained.
(24) 
If there is any indication that there are any wetland areas within the confines of the lot which is the subject of the soil moving application, then said wetlands shall be delineated on a map to be supplied by the applicant with the application for the soil moving permit. The applicant shall also be obligated to obtain a letter of interpretation from the New Jersey Department of Environmental Protection with regard to the wetlands delineation indicated on said map, and said letter of interpretation shall be submitted to the Township prior to the issuance of any soil moving permit by the Township.
B. 
Signatures. Said application shall bear the signature of the applicant and the endorsement of the owner or owners of said lands signifying approval of the application, consent to the applicant to perform the proposed work and consent to the Township, in the event failure of the applicant to do so, to cause the proposed work to be completed or otherwise terminated in keeping with the purposes and objectives of this chapter.
C. 
Topographical map. Accompanying the application shall be eight prints of a topographical map of the lot upon which the proposed soil and/or fill moving operations are to be conducted and of all surrounding lands within 200 feet of the perimeter of said lot, prepared and certified by a licensed professional engineer or land surveyor of the State of New Jersey, on a scale of not less than one inch to 100 feet and referring to United States Coast and Geodetic Survey datum, showing as to both the lot and the surrounding lands:
(1) 
The dimensions of the lot, including distance and bearings, and the lot and block numbers of the lot and of each lot in the surrounding lands as shown on a Tax Assessment Map of the Township.
(2) 
The existing elevations of all lands on a fifty-foot grid layout.
(3) 
The existing elevations of all buildings, structures, streets, streams, bodies of water.
(4) 
All existing surface and subsurface water drainage conditions and provisions therefor.
(5) 
All wooded areas and all trees having a diameter of six inches or more at the base.
(6) 
The limits of the area or areas within the lot or lots in question within which the soil and/or fill moving operations are to be conducted, and the existing elevations of said limits at intervals of not more than 100 feet.
(7) 
The proposed final elevations at each point where existing elevations shown on said map are to be changed as a result of completion of the proposed work.
(8) 
Proposed slopes and lateral supports at the limits of the area upon completion of the soil and/or fill moving operations.
(9) 
Existing surface water drainage, channels of any streams, bodies of water and watercourses, natural or artificial, including detailed cross sections showing present and proposed channel widths, bank slopes, grade and method of erosion control; proposed provisions and facilities for surface water drainage which will result from the proposed changes in elevations and contours due to the moving of soil and/or fill. This information may be provided on a separate map in the form of a drainage study.
(10) 
Accurate cross sections showing the locations, quantities, and calculations in cubic yards of soil and/or fill to be removed.
(11) 
All proposed elevations in enclosed rectangular boxes; and all existing elevations to be indicated without any kind of enclosure.
(12) 
Such other pertinent data as the Planning Board or Board of Adjustment may reasonably require.
(13) 
All easements and restrictions of record which may affect the subject lot or lots.
(14) 
If said moving application is in conjunction with a site plan or a subdivision plan, the developer shall submit a complete site plan or preliminary subdivision plan according to the appropriate Subdivision Ordinance.
(15) 
Soil and/or fill erosion and sediment control measures.
D. 
Inspection of site.
(1) 
The Township Engineer shall make an inspection of the site on which soil and/or fill is to be moved and shall make such engineering studies as may be required to determine the effect of the movement of soil and/or fill on the location as it relates to:
(a) 
Soil and/or fill erosion by water and wind.
(b) 
Surface and subsurface water drainage.
(c) 
Soil and/or fill fertility.
(d) 
Lateral support of abutting streets and lands.
(e) 
Public health and safety.
(f) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
(2) 
The Township Engineer shall also inspect the aforesaid site to determine whether stakes have been placed on each corner thereof and whether grade stakes have been placed at the existing points designated on the topographical map pursuant to the provisions of this section. Before the Township Engineer inspects the applicant's land, the applicant's licensed land surveyor shall certify the location of all stakes.
E. 
Hearing. The Planning Board or Board of Adjustment shall fix a date for hearing within 45 days after the receipt of the application and shall give to the applicant, either personally or by mail, notice of the time and place of said hearing. The applicant shall, at least 10 days prior to the date appointed for said hearing, serve written notice in person or by certified or registered mail upon such persons as are shown on the municipal tax records to be the owners of such lots within 200 feet of the property in question. The applicant shall also, at least 10 days prior to the date appointed for said hearing, place a legal advertisement in the official newspaper of the Township of Parsippany-Troy Hills, setting forth its request for a soil moving permit, which notice shall include the name of the developer, a description of the property by lot and block, and the street address, the amount of soil and/or fill to be moved, the purpose for which the soil and/or fill is to be moved and the time, date and place of said hearing. The applicant shall, at the hearing, present to the Planning Board or Board of Adjustment satisfactory proof, in affidavit form, of the service and publication of said notices.
F. 
Factors to be considered in determining application. In considering the application, the Planning Board or Board of Adjustment shall be guided by the general purposes of municipal planning and shall take into consideration the following factors:
(1) 
Soil and/or fill erosion by water and wind.
(2) 
Surface and subsurface water drainage.
(3) 
Soil and/or fill fertility and soil-bearing capacity.
(4) 
Lateral support of abutting streets and lands.
(5) 
Public health and safety.
(6) 
Land values and uses.
(7) 
The general welfare of the municipality and of the citizens of the Township of Parsippany-Troy Hills.
(8) 
The proper restoration of the premises after excavation as to safety and aesthetics.
(9) 
The effect of flooding upon the premises in question and other property within and without the Township.
(10) 
Whether the proposed work will create a nuisance.
(11) 
Whether the proposed work is necessary in connection with the development of residential property.
(12) 
The effect that the proposed moving of soil and/or fill would have on individual sanitary sewage disposal systems and/or water supply systems.
(13) 
The preservation of existing watercourses.
(14) 
The creation of sharp declivities, pits or depressions.
(15) 
Whether the proposed moving of soil and/or fill constitutes a commercial activity.
(16) 
Proposed complete site plan or preliminary subdivision plan.
(17) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
(18) 
Proposed soil and sedimentation control plan.
G. 
Decision. The Planning Board or Board of Adjustment shall review and consider the completed application, all of the requirements of the provisions of this chapter, the material factors brought up at the public hearing and the reports of other reviewing authorities of the Township and shall either grant or deny the issuance of said soil permit. If the Planning Board or Board of Adjustment denies the permit, the reason for the denial shall be stated. The Planning Board or Board of Adjustment may also issue a permit with stipulations and conditions. The Planning Board or Board of Adjustment shall grant or deny the application within 45 days of the filing of a complete application or within such further time as may be mutually consented to between the applicant and the Planning Board or Board of Adjustment.
H. 
Jurisdiction of Board of Adjustment in lieu of Planning Board. Primary jurisdiction for approval of applications for soil permits shall be that of the Planning Board. However, in all instances where the Board of Adjustment has primary jurisdiction of a site plan application, subdivision application, or other application pursuant to the provisions of the New Jersey Municipal Land Use Act (N.J.S.A 40:55D-1 et seq.) and there is a soil permit applied for in conjunction with or as part of said application, then the Board of Adjustment shall be substituted for the Planning Board as the agency charged with the responsibility of reviewing said soil permit application, applying all of the criteria and requirements of this chapter and rendering a decision pursuant to Subsection G of this section.
I. 
Council review and approval.
(1) 
The approval of the Planning Board pursuant to Subsection G of this section of any soil permit application which is not submitted together with a subdivision application, site plan application, or other application provided for in the New Jersey Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.) and is for the moving of 400 cubic yards of soil and/or fill or more shall be conditioned upon and subject to the review and approval of the Township Council. The Township Council shall promptly review the application and render its decision thereon within 30 days of the date of the action of the Planning Board. If the Township Council does not approve the application the reason or reasons shall be stated in the resolution of the Township Council.
(2) 
The approval of the Planning Board or Board of Adjustment pursuant to Subsection G of this section of any soil permit application which is submitted together with a subdivision application, site plan application, or other application provided for in the New Jersey Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.) and is for the moving of 1,500 cubic yards of soil and/or fill, or more, shall be conditioned upon and subject to the review and approval of the Township Council. The Township Council shall promptly review the application and render its decision thereon within 30 days of the date of the action of the Planning Board or Board of Adjustment. If the Township Council does not approve the application, the reason or reasons shall be stated in the resolution of the Township Council.
J. 
Appeal. Any interested party may appeal to the governing body the final decision of the Planning Board or Board of Adjustment on an application for major soil moving permit. Any such appeal shall be made within 10 days from the date of publication of such final decision. The appeal to the governing body shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name, address and telephone number of the attorney, if represented. Such appeal shall be decided by the governing body upon the record established before the Planning Board or Board of Adjustment.

§ 350-7 Fees.

A. 
Soil application fee. The following fees are to be paid with soil applications and will not be refundable whether the permit is issued, denied or withdrawn:
[Amended 12-20-2005 by Ord. No. 2005:31]
(1) 
Minor soil application fee: $20.
(2) 
Major soil application fee: $400.
B. 
Soil moving fee. The soil moving fee will be charged at the rate of $0.15 per cubic yard of fill or excavation less the soil application fee. If the permit is voluntarily withdrawn, the soil moving fee shall be refunded less the expenses incurred by the Township.
[Amended 12-20-2005 by Ord. No. 2005:31]
C. 
Engineering and inspection fees. In addition to the fees provided for in Subsections A and B above, the applicant shall also be responsible for the payment of engineering and inspection fees to the Township Engineer at the rate of $45 per hour.
D. 
Exemption from fees. All utility companies and federal, state and local authorities, including the Board of Education and charitable organizations, may be exempt from the requirements of soil application fees and soil movement fees at the discretion of and upon application to the Township Council.

§ 350-8 Performance guaranty requirements; release.

A. 
In the event that the Planning Board or Board of Adjustment approves the soil moving permit application, the Planning Board or Board of Adjustment shall forthwith give notice to the applicant of the action taken. When a performance guaranty is required, the Planning Board or Board of Adjustment shall also give notice of the amount of the performance guaranty required as hereinafter set forth in this section. In the event that the applicant fails to post the required performance guaranty within 60 days of said notice, then the approval of the Planning Board or Board of Adjustment shall be automatically rescinded, but in no event shall any soil and/or fill moving activities be begun until required performance guaranties are posted.
B. 
No major soil moving permit shall be issued unless the applicant therefor shall have posted with the Township a performance guaranty, in the form approved by the Township Attorney, in either cash or its equivalent, or a surety bond as specified by the Township Council, in such amount as the Planning Board or Board of Adjustment, upon written recommendation of the Township Engineer, shall determine, conditioned upon full and faithful performance by the principal, within the time specified in the application, of all the proposed work in accordance with the provisions of this chapter and of the soil moving permit issued pursuant hereto.
C. 
Amount of performance guaranty.
(1) 
The amount of said performance guaranty shall be determined at the rate of not less than $0.10 per cubic yard and not in excess of $0.50 per cubic yard of the amount of soil and/or fill to be moved; provided, however, that in no event shall said performance guaranty be less than the principal amount of $2,000. The Planning Board or Board of Adjustment may request additional performance guaranties for improvements shown on the soil moving application or plan, such as but not limited to the following: retaining walls, planting, drainage, erosion control, damages to haul route, etc.
(2) 
In ascertaining the rate upon which to compute the amount of the performance guaranties, the Planning Board or Board of Adjustment shall take into consideration such factors as may bear upon the facility with which the proposed work may be performed, including but not limited to the type and character of soil and/or fill, the extent of the area over which the soil and/or fill moving operations are to be conducted, the extent and depth of the various cuts and fills, the extent to which the area of operations is wooded, the proximity of the proposed operations to streets, buildings, structures, natural or artificial streams or watercourses and general drainage conditions.
D. 
Before the holder of any soil moving permit shall proceed before the Planning Board or Board of Adjustment with any application for any amendment or alteration of the terms and conditions of any outstanding soil moving permit, there shall be submitted to the Planning Board or Board of Adjustment, if a performance bond was posted, the written consent of the surety on said bond approving said application for amendment or alteration and consenting to extension of the bond coverage thereto.
E. 
Applications for the release of any performance guaranties posted in accordance with the terms of this section or the resolutions of the Planning Board or Board of Adjustment shall be accompanied by an as-built drawing and affidavit stating that the soil and/or fill moving operation has been completed in accordance with the application and all plans, maps and other data filed therewith and in accordance with all resolutions and conditions therein adopted by the Planning Board or Board of Adjustment. Said affidavit shall be executed by a licensed professional engineer or land surveyor of the State of New Jersey.

§ 350-9 Form of permit; signatures; conditions; term.

[Amended by Ord. No. 94:37]
A. 
The soil moving permit shall be in such form as may be prescribed by the Planning Board or Board of Adjustment. A major soil permit shall be signed by the Secretary of the Planning Board or the Chairman of the Planning Board, or the Secretary or Chairman of the Board of Adjustment, and it shall contain any special conditions set forth in the recommendation. A minor soil permit shall be signed by the Township Engineer.
B. 
The soil moving permit shall be dated as of the date it is actually issued, and the term of said permit shall not exceed one year.
C. 
All permits shall automatically expire on the termination date, unless application for renewal has been made and approved in writing, extending such permit.
D. 
Hours of operation. There shall be no soil and/or fill moving operations, which includes loading and unloading, at any time between 5:00 p.m. and 8:00 a.m., prevailing time, nor at any time on Sunday or legal holidays, nor on Saturday after the hour of 12:00 noon.
E. 
No soil moving permit shall be issued until it is determined that there are no outstanding taxes or assessments for local improvements due or delinquent on the property for which the application is made.
F. 
Exemption from performance guaranty requirements. All utility companies and federal, state and local authorities, including the Board of Education and charitable organizations, may be exempt from the performance guaranty requirements of this section, at the discretion of and upon application to the Township Council.

§ 350-10 General terms and conditions of operation.

No person to whom a soil moving permit has been issued shall:
A. 
Conduct or maintain on the premises any sand, gravel or similar kind of pit; any sand or gravel washing or screening machinery or equipment; any business or industry not permitted in the district in which said premises are located and classified by Parsippany-Troy Hills Zoning Ordinance, as amended and supplemented;[1] or any endeavor enterprise other than the grading or regrading of said premises in accordance with the provisions of said permit and, where applicable, the necessary disposal of soil incidental to said grading or regrading.
[1]
Editor's Note: See Ch. 430, Zoning.
B. 
Conduct or maintain any soil and/or fill moving operations without having first made adequate provisions for the prevention of dust incidental to the use of vehicles, machinery and equipment on the lands described in the soil permit in compliance with the soil erosion and sediment control plan.
C. 
Neglect to dispose of, on or before the completion date stated in the application, any partially or wholly excavated boulders or other noncombustible debris resulting from the soil and/or fill moving operations, by burial or removal, and any partially or wholly excavated stumps, felled or uprooted trees or other combustible debris resulting from the soil and/or fill moving operations.
D. 
Conduct any soil and/or fill moving operations beyond the expiration date as set forth in the soil moving permit or extended expiration date as may duly be granted by the Planning Board or Board of Adjustment.

§ 350-11 Topsoil restrictions.

A. 
Whenever any developer or excavator shall move topsoil in or upon any lot, provision shall be made for the storage of said topsoil within the boundary lines of said lot.
B. 
Except as hereinafter provided, all of the topsoil so stored shall be uniformly replaced over the entire area or surface of the lot on or before the completion date set forth in the soil permit so that the final grade or grades of said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map.
C. 
No developer or excavator shall remove to any point beyond the boundary lines of the lot any topsoil whatsoever unless and until topsoil not inferior in quality to that to be removed shall first have been replaced uniformly to a depth of not less than six inches, measured from the proposed final grades as shown on the topographical map, over the entire surface or area of the lot, excepting only such portions thereof as shall be or shall have become, since the date of filing of said topographical map, permanently covered by a building or structure, street pavement, curb, sidewalk, driveway or other paved area or by any body of water or waterway. In no event shall the developer or excavator remove from the lot more topsoil than that comprising the surplus or excess remaining after the replacement of the topsoil as aforesaid.

§ 350-12 Depth of excavation.

No developer or excavator shall, at any time in the course of the work, dig or excavate more than 12 inches below the proposed final grades as shown on the topographical map unless:
A. 
The soil moving permit specifies otherwise and the performance guaranty, hereinbefore referred to, makes specific provisions for replacement, on or before the completion date set forth in the soil moving permit, of soil and/or fill of sufficient quantity and kind to restore the final grades to those shown on the topographical map; or
B. 
After issuance of the soil moving permit, the developer or excavator, before digging or excavating below said twelve-inch level, shall apply to the Planning Board or Board of Adjustment and be granted an amendment of the application and topographical map then in effect, which amendment may be granted upon such terms as the Planning Board or Board of Adjustment may deem necessary to assure adherence to the purpose and objectives of this chapter.

§ 350-13 Final grades.

No developer or excavator shall deposit soil and/or fill upon, fill in or raise the grade of any lot without first making provision for:
A. 
The use in said work of soil and/or fill or such other materials as will not result in deviation from the proposed final grades or the uniformity thereof by reason of abnormal shrinkage or settlement.
B. 
The collection and storage upon the lot of the original topsoil, to the end that said topsoil shall not be buried beneath soil and/or fill or other material of inferior quality, and the uniform replacement of the topsoil so stored over the entire area or surface of the fill soil or other material so that the final grade or grades of said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map. In the event that such provision is not practicable, provision shall be made for the uniform placement over the entire area or surface of the fill soil or other material, excepting only such portions thereof as shall be or shall have become permanently covered by a building or structure, street pavement, curb, sidewalk, driveway or other paved area or by any body of water or waterway, of a layer of topsoil not inferior in quality to that of the original topsoil, to a depth of not less than six inches, measured from the proposed final grades as shown on the topographical map.
C. 
Seeding of the property, which shall be accomplished within one month after completion of the soil and/or fill moving operation, weather permitting, but in no event shall seeding of the property be accomplished more than three months after completion unless an extension of time is granted. The applicant will maintain the seeded area for a period of one year after completion.

§ 350-14 Exempt operations.

A. 
Nothing in this chapter shall be construed to affect or apply to any person engaged in the moving of soil and/or fill in and upon lands enrolled in the soil conservation program of the Northeastern Jersey Soil Conservation District of the United States Department of Agriculture Soil Conservation Service and for which lands an "approved farm plan" has been established by said agency, provided that all soil and/or fill moving operations in and upon such lands are performed in accordance with said approved farm plan.
B. 
The provisions of this chapter shall not apply to excavations for building foundations or driveways related to one single-family residential building not part of a two-lot-or-more subdivision approval, nor shall it apply to excavations for lines, septic tanks or sanitary sewer installations.

§ 350-15 Authorized inspections; enforcement.

For the purpose of administering and enforcing this chapter, a duly authorized agent of the office of the Township Engineer shall have the right to enter into and upon any lands in or upon which soil and/or fill moving operations are being conducted, to examine and inspect such lands in order to determine compliance with the requirements of any soil moving permit issued.