§ 245-3. Definition.

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 20 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 Borough.

ENGINEER

The Borough Engineer or board engineer (whoever has jurisdiction for said permit).

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 Borough 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 Borough 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

Shall apply to any of the following activities: (1) all activities involving the moving of soil and/or fill on individual lots where such activity is not, and has not been within the past five years, subject to site plan, subdivision and/or variance approval; or (2) activities involving the moving of less than 200 cubic yards of soil and/or fill within any 12 consecutive months; provided, however, that if two or more applications in any period of 12 consecutive months involve the moving of more than 200 cubic yards cumulatively, such applications shall require a major soil moving permit.

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, boulders, 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.

SOIL PERMIT MODIFICATION

Shall apply to any of the following circumstances:

A. 

Extension of the termination date of a previously issued soil permit for a period of one year or less;

B. 

A change in the location of the disposal or borrow site of a previously issued soil permit where such change would not involve transport over local streets different from those designated as the route of travel in the previously issued permit;

C. 

A change in the route of travel over federal, state or county roads to/from the disposal/borrow site of a previously issued soil permit; and

D. 

A change of less than 200 cubic yards in the quantity of soil and/or fill to be moved pursuant to a previously issued soil permit, provided that the cumulative quantity of soil moved does not exceed 200 cubic yards within any 12 consecutive months.

SUITABLE FILL

Suitable materials shall include but not be limited to materials such as earth, clay, gravel, stone, dirt, etc. as determined by the 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, large rocks, wooden logs, etc. as determined by the Engineer.