The terms used in this Chapter shall be deemed and construed to have the following meanings:

APPLICANT shall mean a property owner submitting an application for a soil movement permit.

CLEAN shall mean broom clean; all soil removed. Day shall mean a calendar day.

DEVELOPMENT shall mean improvement of a lot by the construction or erection of one (1) or more buildings for residential, commercial or industrial purposes and improvement of lands through or for conservation or flood control.

ENVIRONMENTAL CONSULTANT shall mean an individual or firm retained by the Township's Environmental Commission, or in the event of the failure of said Commission to so appoint, then an individual or firm appointed or retained by the Township 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.

EROSION AND SEDIMENT CONTROL MEASURES shall mean the standards for soil erosion and sediment control established by the State Soil Conservation Committee.

EXCAVATOR shall mean any person who shall move or remove soil as the terms are hereinafter defined.

LOT shall mean 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 Township of Mahwah or in the office of the Clerk of Bergen County.

MOVE shall mean 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 shall mean 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 shall mean any person seized in fee simple of any lot.

PERSON shall mean any individual, firm, association, partnership or corporation, or any group of two (2) or more of them.

SOIL shall mean 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 shall mean delivery or removal of equipment or materials associated with soil movement; soil movement; installation or removal of erosion control measures; starting or warm-up of equipment; arrival, departure or waiting of transport vehicles for equipment or soil; street cleaning; restoration; revegetation.

STOCKPILE shall mean a reserve supply of soil accumulated on site in anticipation of future use on or off site.

TOPSOIL shall mean soil that, in its natural state, constitutes the top layer of earth and is composed of two (2%) percent or more, by weight, of organic matter and has the ability to support vegetation. (Ord. #1271, §28-1)

a. The Township Council recognizes that the State Soil Conservation Committee (pursuant to the Soil Erosion and Sediment Control Act, P.L. 1975 c. 251, N.J.S.A. 4:24-39, et seq. and the regulations enacted pursuant thereto, N.J.A.C. 2:90-1.1) has established standards and rules controlling the disturbance of soil on defined projects to control soil erosion and sediment deposition. The State Standards for Soil Erosion and Sediment Control shall apply and take priority for all projects as defined by N.J.S.A. 4:24-41(g) except that the Township of Mahwah shall implement the same standards for projects which disturb less than five thousand (5,000) square feet of surface area and for exempt single family dwelling units, where they are regulated by this Chapter.

b. The Township Council finds that the control of the amount, volumes and location of soil importation, exportation, mining and movement is necessary for public health and safety and that the following general purposes of Municipal planning and land use and regulations, shall be taken into consideration when reviewing all proposed soil movement in the Township.

1. The general welfare of the Township of Mahwah and its citizens.

2. Surface water drainage.

3. Soil fertility.

4. Lateral support of abutting streets and land.

5. The unsightliness of the premises after excavation and during construction.

6. The effect of flooding upon the premises in question.

7. The prevention of any nuisance caused by soil movement operations.

8. Traffic on and off site.

9. The effect that the proposed movement of soil would have on individual sanitary sewerage disposal systems.

10. The effect on surrounding land values and uses.

11. Whether the proposed work is necessary in connection with the immediate development of the property.

12. Such other factors as may bear upon or relate to the development of the coordinated, adjusted and harmonious physical development of the Township.

13. The preservation of existing wetlands and watercourses, and non-interference with wetlands, stream beds, stream or watercourse, banks or their stabilization.

14. The creation of sharp declivities, pits or depressions.

15. The prevention of soil mining.

(Ord. #1271, §28-1.1)