Applications for ministerial soil permits shall be filed with the Borough Engineer and shall be accompanied by the fee prescribed in § 97-107.

The Borough Engineer, upon receipt of the application, shall make a field investigation and shall issue the permit or deny it, giving his/her reasons for denial. The Borough Engineer will forward a copy of the permit to the Building Department and one (1) to the applicant and shall retain one (1) copy on file. The Borough Engineer shall classify any ministerial soil application as a major soil application if he/she finds the application will present unusual drainage or erosion of soil problems or adversely affect the development of the abutting lot or lots.

On forms prescribed and supplied by the Planning Board, the applicant shall set forth, in duplicate, to the Planning Board, with a carbon copy to the Borough Engineer and Building Department:

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 Borough, in the event of 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 article.

Topographical map. Accompanying the application shall be eight (8) prints of a topographical map of the lot upon which the proposed soil-moving operations are to be conducted and of all surrounding lands within one hundred (100) feet of the perimeter of said lot, but not beyond the far side of an abutting street right-of-way, 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 (1) inch to one hundred (100) feet, and referred to United States Coast and Geodetic Survey data, showing, both as to the lot and as to all of said surrounding lands:

Inspection of site.

Hearing. The Planning Board shall, within sixty (60) days after receipt of the application, fix a date for a hearing for the purpose of considering the application and shall give to the applicant, either personally or by certified mail, notice of the time and place of said hearing. The applicant shall, at least five (5) days prior to the date appointed for said hearing, serve written notice, either in person or by registered mail, upon such persons as are shown on the municipal tax records to be the owners of such lots within two hundred (200) feet of the property in question. The applicant shall at the hearing present to the Planning Board satisfactory proof in affidavit form of the service of said notices.

Factors to be considered in determining application. In considering the application, the Planning Board shall be guided by the general purpose of municipal planning and shall take into consideration the following factors:

Decision. The Planning Board shall review and consider the application which must be complete, including all of the requirements of the provisions of this article and the material factors brought up at the public hearing and the reports of other reviewing authorities of the Borough, and shall either grant or deny the issuance of said soil permit. If the Planning Board denies the permit, the reason for the denial shall be stated. The Planning Board also can issue a permit with stipulations and conditions. The Planning Board shall act within sixty (60) days of the filing of a complete application. The Planning Board shall act only upon the filing and receipt of a complete application to either deny or grant the permit within said sixty (60) days and the failure by the Planning Board to act upon the application within said period shall be considered an automatic approval of the issuance of said permit unless the Planning Board extends the time limit for a period not to exceed an additional sixty (60) days.

Appeal. In the event of refusal, the applicant may, not later than thirty (30) days after the date of such refusal, appeal to the Borough Council. The Borough Council may by a majority vote of the members present sustain or by a two-thirds (2/3) vote of its entire membership overrule the Planning Board recommendations.

When an application is considered by the Zoning Board of Adjustment, then all powers granted to the Planning Board with regard to the receipt, review and determination of applications for major soil removal permits under this article are hereby granted and conferred upon the Board of Adjustment in full.

In the event that the Planning board recommends approval of the soil removal permit application, the Secretary of the Planning Board shall forthwith give notice to the applicant of the action of the Planning Board, and further, the amount of the performance bond required as hereinafter set forth in this section. In the event that the applicant fails to post the required performance bond within sixty (60) days of this notice, then the recommendation of the Planning Board shall be automatically rescinded.

No soil permit shall be issued unless the applicant therefore shall have posted with the borough a performance bond in form and with surety acceptable to the Borough in such amount as the Planning Board 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 article and of the soil-moving permit issued pursuant hereto.

The amount of said bond shall be determined at the rate of not less than ten cents ($0.10) per cubic yard and not in excess of fifty cents ($0.50) per cubic yard of the amount of soil to be moved; provided, however, that in no event shall said bond be less that the principal amount of two thousand dollars ($2,000). The Planning Board may request additional bonds 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. In ascertaining the rate upon which to compute the amount of the bond, the Planning Board 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, the extent of the area over which the soil-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.

Before the holder of any soil removal permit shall proceed before the Planning Board with any application for any amendment or alteration of the terms and conditions of any outstanding soil removal permit, there shall be submitted to the Planning Board 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.

Applications for the release of any bonds posted in accordance with the terms of this article or the resolutions of the Planning Board shall be accompanied by an affidavit stating that the soil-moving operation has been completed in accordance with the application and all plans, maps, and other date filed therewith and in accordance with all resolutions and conditions therein adopted by the Planning Board. Said affidavit shall be executed by a licensed professional or civil engineer or land surveyor of the State of New Jersey.

The soil removal permit shall be in such form as may be prescribed by the Planning Board. It shall be signed by the Secretary and the Chairman of the Planning Board, and it shall contain any special conditions set forth in the recommendation.

The soil removal permit shall be dated as of the date it is actually issued, and the term of said permit shall not exceed one (1) year.

All permits shall automatically expire on the termination date unless application for renewal has been made and approved, in writing, extending such permit.

Conduct or maintain on the premises any sand, gravel or similar kind or 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, or any endeavor or enterprise other that 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.

Conduct or maintain any soil-moving operations without having first made adequate provisions by means of road oil or otherwise for the laying of dust incidental to the use of vehicles, machinery and equipment on the lands described in the soil permit.

Neglect to dispose of on or before the completion date stated in the application any partially or wholly excavated boulders or other incombustible debris resulting from the soil-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-moving operations must be removed from the site.

Conduct any soil-moving operations beyond the expiration date as set forth in the soil removal permit or extended expiration date as may duly be granted by the Planning Board.

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.

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.

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 (6) 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 the 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.

The soil removal permit specifies otherwise and the performance bond, hereinbefore referred to, makes specific provisions for replacement on or before the completion date set forth in the soil removal permit of soil of sufficient quantity and kind to restore the final grades to those shown on the topographical map; and

After issuance of the soil removal permit, the developer or excavator, before digging or excavating below said minimum level, shall apply to the Planning Board 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 may deem necessary to assure adherence to the purpose and objectives of this article.

The use in said work of soil 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.

The collection and storage upon the lot of the original topsoil to the end that said topsoil shall not be buried beneath soil 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 (6) inches measured from the proposed final grades as shown on the topographical map.