The terms used in this chapter shall be deemed
and construed to have the following meanings:
APPLICANT
A property owner submitting an application for a soil movement
permit.
CLEAN
Broom clean; all soil removed.
DEVELOPMENT
Improvement of a lot by the construction or erection of one
or more buildings for residential, commercial or industrial purposes
and improvement of lands through or for conservation or flood control.
ENVIRONMENTAL CONSULTANT
An individual or firm retained by the Borough Council, Planning
Board or Board of Adjustment. The individual or firm shall possess
a degree from an accredited institution of higher learning in environmental
studies.
EXCAVATOR
Any person who shall move or remove soil as the terms are
hereinafter defined.
LOT
Any parcel of land or portion thereof the boundary lines
of which may be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Borough of Alpine
or in the office of the Clerk of Bergen County.
MOVE
To dig; to excavate; to remove; to import; to export; to
deposit; to place; to dump; to fill; to backfill; to deliver; to grade,
regrade or level; to rough grade or fine grade; to level, relocate
or otherwise alter or change the location or contour; to transport;
to supply; to extract or to shift the location of tree stumps. This
term shall not be construed to include plowing, spading, cultivating,
harrowing or disking of soil or any other operation usually and ordinarily
associated with the tilling of soil for agricultural or horticultural
purposes.
NUISANCE
Any conduct which is either unlawful in itself or unreasonable
under all circumstances or the creation or maintenance of a condition
which endangers the safety or health of the general public.
OWNER
Any person seized in fee simple of any lot.
PERSON
Any individual, firm, association, partnership or corporation,
or any group of two or more of them.
SOIL
Any earth, sand, clay, loam, gravel, humus, tree stumps,
minerals, mud, silt, ore, muck, stone, rock or dirt, without regard
to the presence or absence therein of organic matter, and any debris
whether organic or construction debris including but not limited to
asphalt, concrete and macadam.
SOIL MOVEMENT OPERATION
Delivery or removal of equipment or materials associated
with soil movement; soil movement; installation or removal of erosion
control measures; starting or warmup of equipment; arrival, departure
or waiting of transport vehicles for equipment or soil; street cleaning;
restoration; revegetation.
STOCKPILE
A reserve supply of soil accumulated on site in anticipation
of future use on or off site.
TOPSOIL
Soil 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.
The approving authority, as appropriate, shall
at all times have the right, by resolution, to waive any one or more
of the provisions contained in this chapter when it is satisfied that
the waiving of such provision shall not adversely affect the Borough
or substantially impair the intent and purpose of this chapter, unless
this chapter specifically provides that there shall be no waiver of
a particular section or subsection.
The Borough Council shall at all times be the
final and ultimate power with respect to the issuance of permits as
provided by this chapter and the suspension, revocation or conditioning
of all soil movements.