[HISTORY: Adopted by the Mayor and Council
of the Borough of Kinnelon 9-15-2011 by Ord. No. 14-11.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 47.
Road Department — See Ch. 62.
Driveway and private road construction — See Ch. 113.
Soil erosion and sediment control — See Ch. 167.
Streets and sidewalks — See Ch. 173.
Subdivision of land and site plans — See Ch. 176.
Zoning — See Ch. 207.
[1]
Editor's Note: This ordinance also superseded former Ch. 169,
Soil Removal, comprised of Art. I, General Provisions, adopted 7-16-1964
by Ord. No. 7-64 (Ch. 74, Art. I, of the 1972 Code), and Art. II,
Lake Improvement, adopted 12-16-1982 by Ord. No. 17-82 (Ch. 74, Art.
II, of the 1972 Code), as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Any developer, organization, individual, company, corporation,
partnership, limited-liability company, limited-liability partnership,
or any other form of business entity.
The block(s) and lot(s) that is named on the application
form and is the location of the project.
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.
Any movement of soil, including movement of soil within one
site or movement of soil from one site to another site, regardless
of its destination. This also includes movement of soil on land disturbed
previously as a result of a previous project or development.
Removing soil from one site to any location off site.
Bringing soil to the site from any location off site.
The transfer of soil within a site.
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.
A.
Any soil disturbance that results in a change in grade or elevation of two feet or more, but does not fall within the limits set forth below in § 169-3, shall require approval from the Borough Engineer. A grading plan shall be prepared and submitted to the Borough Engineer for approval, along with a minimum escrow amount of $1,500. The applicant shall also file a building permit application with the Building Department and pay the appropriate fee. The Borough Engineer may request additional escrow funds as warranted.
[Amended 12-28-2022 by Ord. No. 19-22]
B.
Grading plans shall be prepared by a licensed professional engineer
and shall be accompanied by a signed and sealed topographic survey
prepared by a licensed professional land surveyor. Grading plans involving
the construction of new retaining walls or the repair/reconstruction
of existing retaining walls, regardless of height, shall require prior
review and approval by the Borough Engineer. In cases where retaining
walls exceed a height of four feet and in cases involving tiered walls,
structural calculations prepared by a licensed professional engineer
shall be submitted for review and approval by the Borough Engineer
to confirm the standards are met for sliding, overturning and global
stability. Upon completion of work shown on the lot grading plans
and retaining wall plans, the applicant shall submit a topographic
as-built survey prepared by a licensed professional land surveyor
for review and approval by the Borough Engineer. Routine inspections
are required by both the applicant's design engineer and the Borough
Engineer to ensure all work conforms with the approved plans. A certified
report of completion is required to be submitted to the Borough Engineer
by the design engineer to ensure retaining walls were constructed
in substantial conformance with the approved plans. In cases involving
rock cuts, the Borough Engineer may require the applicant to obtain
a certification from a professional engineer familiar with geotechnical
matters to ensure the safety and stability of such rock cuts.
A.
Any soil disturbance within the Borough of Kinnelon involving 50
cubic yards' volume of soil or more on one site shall comply with
the provisions of this chapter. Any soil disturbance within the Borough
of Kinnelon involving 50 cubic yards' volume of soil or more on one
site requires first obtaining a soil disturbance permit, as provided
herein. This section shall not apply to soil disturbance by the Borough
or its contractors.
[Amended 12-28-2022 by Ord. No. 19-22]
B.
This section shall also apply to soil disturbance incidents under
a permit issued by the Construction Official for the enlargement or
addition to an existing single-family residence, construction of a
single-family dwelling and its accessory structures (such as garages,
decks, retaining walls, sheds, swimming pools, cabana houses, driveways,
etc.).
[Amended 12-28-2022 by Ord. No. 19-22]
C.
The soil disturbance permit shall expire after one year from the
date it is issued. In the event the soil disturbance activity for
which the permit was issued is not completed within one year, the
applicant may apply to the Borough Engineer for an extension of said
permit. Approval of said extension shall not be unreasonably withheld.
[Amended 12-28-2022 by Ord. No. 19-22]
D.
All applications shall include a soil erosion and sediment control plan as set forth in Chapter 167, Soil Erosion and Sediment Control, of the Borough of Kinnelon Code book. In addition, certification may be required from the Morris County Soil Conservation District.
E.
All applications for lot grading plans or soil disturbances shall
include a report from a qualified environmental professional which
confirms the presence or absence of freshwater wetlands, wetlands
transition areas, flood hazard areas, Category 1 watercourses, riparian
buffers, and which confirms the applicability of the state Highlands
Water Protection and Planning Act,[1] the state Flood Hazard Area Control Act,[2] Freshwater Wetlands Protection Act,[3] or any other state regulations protecting environmental
resources which could be impacted by the proposed work. Copies of
any necessary state permits shall be submitted prior to the final
approval of any lot grading or soil disturbance plan.
F.
Exemptions from permit requirements.
(1)
In cases involving minor soil moving, as set forth below, no permit
is required:
(a)
Removal of less than 50 cubic yards.
(b)
Spreading of topsoil for a lawn, provided that there is not
a buildup of more than four inches and the areas filled are within
the property line.
(c)
Filling of holes left by rock or tree stump removal.
(d)
Filling of sunken backfill areas, provided that such filling
does not take place more than two years after the completion of the
original backfill.
(e)
Importation of less than 50 cubic yards, provided that the change
in elevation is no more than two feet at any point and the source
of fill material is identified and approved by the Construction Official.
(f)
Cut and fill operations over an area less than 400 square feet
that result in no more than a two-foot change in elevation at any
point.
[Amended 12-28-2022 by Ord. No. 19-22]
(2)
Notwithstanding the foregoing, no exemption should be given in cases
where stormwater facilities are being constructed or in cases where
grading will redirect runoff which could potentially adversely affect
neighboring properties or public and private roads.
[Amended 12-28-2022 by Ord. No. 19-22]
A.
Application. Any disturbance of soil within the Borough of Kinnelon
of 5,000 square feet of surface area or more on one site or 50 cubic
yards' volume of soil or more on one site requires the submission
to the Borough Clerk of an application for a soil disturbance permit.
In addition, an application fee in the amount of $150 must be submitted
with the application if the applicant proposes to disturb 50 to 500
cubic yards of soil. An application fee in the amount of $500 must
be submitted with the application if the applicant proposes to disturb
501 or more cubic yards of soil. In the event soil is being exported
from one site within the Borough of Kinnelon and imported to another
site within the Borough of Kinnelon, then two soil disturbance permits
must be obtained: one permit for the exportation and one permit for
the importation. Applications can be obtained from the Borough Clerk's
office and shall be signed by the person intending to perform the
soil disturbance and by the owner of the site where the soil is to
be disturbed. In addition, the application must include a contour
map of the site where the soil is to be disturbed, the appropriate
fee, and when the application involves the importation or exportation
of soil, a traffic plan. Four copies of the application shall be submitted
to the Borough Clerk.
B.
Contour map. Accompanying the application shall be a contour map
of the site where the soil is to be disturbed showing the proposed
grades resulting from the intended soil disturbance in relation to
the existing topography of the site. Four copies of the map and earthwork
calculations shall be submitted to the Borough Clerk with the application.
The map and earthwork calculations must include not only the site
where the soil is to be disturbed, but also all surrounding lands
within 200 feet of the perimeter of the site. The map and earthwork
calculations shall be prepared and certified by a licensed professional
engineer of the State of New Jersey. The map must be prepared using
a scale of not less than one inch to 30 feet, showing the site and
its relation to all of the surrounding lands in the following manner:
(1)
The dimensions of the site and the lot and block number of the site
of each lot in the surrounding lands as shown on the Tax Assessment
Map of the Borough.
(2)
The existing elevations of all lands with two-foot contour lines.
(3)
The existing elevations of all buildings, structures, streets, streams,
bodies of water and watercourses (natural or artificial), as well
as underground utilities, aboveground utilities, septic system components,
potable wells, and irrigation wells.
(4)
All wooded areas.
(5)
The proposed final elevations where existing elevations shown on
the map are to be changed as a result of completion of the proposed
work.
(6)
Proposed slopes and lateral supports at the limits of the area upon
completion of the soil disturbance operations.
(7)
Proposed provisions and facilities for surface water drainage and,
where applicable, channels of natural or artificial drainage, including
cross-sections showing proposed channel widths, bank slopes and method
of erosion and control thereof.
(8)
Accurate cross-sections at intervals of not more than 50 feet showing
the locations and quantities, in cubic yards, of soil to be disturbed.
(9)
All proposed elevations in enclosed rectangular boxes, and all existing
elevations to be indicated without any kind of enclosure.
(10)
If the application is before the Planning Board or Board of
Adjustment, such other pertinent data as the Planning Board or Board
of Adjustment may require.
C.
Stormwater
management. All applications for building permits and/or grading plan
approval for properties applicable to this chapter shall contain plans,
construction details, calculations and reports that provide for zero
increase in the rate and volume stormwater runoff for the completed
project to ensure there will be no adverse impact on downstream structures,
steep slopes, properties and public roads. For projects having less
than 5,000 square feet of disturbance and less than 1,000 square feet
of impervious cover, the applicant's engineer shall size stormwater
facilities to store three inches of rainfall depth over the area of
new impervious coverage. Where disturbances and coverages are greater
than noted above, the applicant's engineer shall use the Modified
Rational Method, or NRCS Method, or a method as may be deemed appropriate
by the Borough Engineer.
D.
Traffic plan.
(1)
Accompanying all applications which include the importation or exportation
of soil shall be a traffic plan which will indicate the following:
(a)
The specific trucking ingress and egress into the subject site.
(b)
The proposed truck routes that will be used to service the site.
(c)
The specific hours of operation.
(d)
The maximum number of cubic yards that will be moved to or from
the subject site during any twenty-four-hour period.
(e)
The required traffic plan shall comply with the following requirements:
[1]
Except for emergencies, all soil shall be imported or exported
from the subject site during the hours of 7:00 a.m. through 6:00 p.m.,
Eastern time, on weekdays only (excluding holidays).
[2]
The scheduling of trucks used to move soil to and from the subject
site shall be done in such a way as to minimize truck traffic within
school zones during the morning and afternoon school hours.
(2)
Four copies of the traffic plan shall be submitted to the Borough
Clerk with the application.
[Amended 12-28-2022 by Ord. No. 19-22]
A.
Upon receipt of an application for a soil disturbance permit in conjunction
with an application before the Planning Board or Board of Adjustment,
the Borough Clerk shall send a copy of the same to the Planning Board
or Board of Adjustment, as appropriate, and the Borough Engineer.
The Borough Engineer shall review the application and the findings
of the Planning Board or Board of Adjustment, and submit a report
to the Borough Clerk approving or denying the soil disturbance permit.
In the event a soil disturbance permit application is submitted in
conjunction with soil disturbance on property that is not before the
Planning Board or Board of Adjustment, the permit application shall
be submitted to the Borough Clerk for distribution to the Borough
Engineer. The Borough Engineer shall review the application and submit
a report to the Borough Clerk approving or denying the soil disturbance
permit.
B.
The Planning Board or Board of Adjustment and/or Borough Engineer,
in considering and reviewing the application and the contour map,
shall take into consideration the public health, safety and general
welfare, and shall give particular consideration to the following
factors:
(1)
The potential for soil erosion by water and wind.
(2)
The prevention of silt and sediment from entering brooks, streams,
ponds, lakes, rivers and other bodies of water.
(3)
The existing drainage of the site involved and any changes in drainage
patterns that may result from the establishment of new contours.
(4)
Types and fertility of the soil to be removed and the use to which
it will be put.
(5)
Lateral support slopes and grades of abutting streets and lands.
(6)
Land values and uses of those properties affected directly or indirectly
by the proposed disturbance of soil.
(7)
Such other factors as may bear upon or relate to a coordinated, adjusted
and harmonious physical development of the site in connection with
the surrounding lands in accordance with the master plan for the development
of the Borough.
C.
Issuance of permit.
(1)
The Borough Engineer shall respond in writing, either recommending
approval or denial, to the Borough Clerk within 45 days of receipt
of a complete soil disturbance permit application.
(2)
As directed by the Borough Engineer, the Borough Clerk shall issue
or deny the soil disturbance permit within five days after receipt
of the report and recommendation of the Borough Engineer.
(3)
A denial of a soil disturbance permit may be appealed to the Borough
Council, who shall hear such appeal at its next regularly scheduled
meeting.
[Amended 12-28-2022 by Ord. No. 19-22]
An application fee of $150 must be submitted with the application
if the applicant proposes to disturb 50 to 500 cubic yards of soil.
An application fee in the amount of $500 must be submitted with the
application if the applicant proposes to disturb 501 or more cubic
yards of soil. In addition to the application fee stated herein, a
minimum escrow of $1,500 must be established. The Borough Engineer
may request additional escrow funds as warranted.
[Amended 12-28-2022 by Ord. No. 19-22]
Before any permit or permission for soil disturbance is granted
or issued, the owner or applicant shall file with the Borough Clerk,
in such amount as in the opinion of the Borough Engineer shall be
sufficient, a performance guarantee, in a form satisfactory to the
Borough Attorney, consistent with the guarantee form permitted under
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., to insure the
faithful performance of the work to be undertaken pursuant to the
provisions of this section. For those soil permit applications submitted
in connection with an application before the Planning Board or Board
of Adjustment, said performance guarantee may be included in the guarantee
required by the developer's agreement. An as-constructed contour map
shall be filed and approved by the Borough Engineer prior to the release
of any bond required.
Notwithstanding anything herein to the contrary, a soil disturbance
permit shall not be granted pursuant to this chapter in conjunction
or related to a use not permitted for or on the relevant property
by the Borough Zoning Ordinance.
A.
If permission to remove the soil is granted, the owner or person
in charge shall so conduct the operations that there shall be no sharp
declivities, pits or depressions and in such a manner that the area
shall be properly leveled off, cleared of debris and graded to conform
to the contour lines and grades as approved by the Borough Engineer.
B.
For the purpose of administering and enforcing the provisions of
this chapter, any duly authorized officer, agent or employee of the
Borough shall have the right to enter into and upon any lands in or
upon which such soil disturbance operations are being conducted in
order to examine and inspect such lands and the operations thereon.
The owner of the site or the person in charge of the disturbance
of soil, when permission has been duly granted, shall not take away
the top layer of arable soil to a depth of six inches, but such top
layer of arable soil to a depth of six inches shall be set aside for
retention on the site and shall be respread over the site when the
rest of the soil has been removed pursuant to levels and contour lines
approved by the Borough Engineer.
The Borough Engineer is hereby designated as the officer whose
duty it shall be to enforce the provisions of this chapter. The Borough
Engineer shall from time to time, upon the Borough Engineer's own
initiative and whenever directed by the Mayor or Council, inspect
the site for which permits have been granted to ensure compliance
with the terms of the permit of this section. In addition, once all
soil disturbance is complete, the Borough Engineer shall inspect the
site to determine whether the actual soil disturbed is consistent
with the soil disturbance permit issued. In the event more soil is
disturbed than authorized by the soil disturbance permit, the applicant
shall submit the additional fees due. The additional fees due shall
be calculated using the fee for the total soil disturbed minus the
fees already paid. In no event shall fees paid for soil disturbance
permits be refunded by the Borough.
Any person violating any of the provisions of this chapter shall be subject, upon conviction, to the penalties stated in § 1-14.
A.
Soil to be used as fill. No person shall raise the level of any land
or portion thereof within the Borough by adding any material or substance
other than fill. This section is not applicable to the addition to
the land of any material or substance in the ordinary course of farming,
horticulture, gardening, quarrying and mining.
B.
Applicable substances; exceptions. Fill shall consist of topsoil,
earth, rock, gravel, quarry process, or sand obtained solely from
virgin sources. Concrete and asphalt cannot be used as fill. Topsoil
is the exposed layer of the earth's surface, and earth is the layer
of soil immediately beneath the topsoil and above rock. Rock excludes
boulders, boulders being detached and rounded or worn pieces of rock,
the greatest side of which is no less than six inches. All other materials
are excluded. Excluded materials include, but are not limited to,
soil containing contaminates, muck, peat, timber, debris, stumps and
roots of trees, demolished structures, construction materials or any
other refuse; provided, however, that these excluded items shall not
have been reprocessed so as to conform with the definition of "fill"
herein provided. Muck is soft silt or clay, very high in organic content,
which is usually found in swampy areas. Peat is soil composed principally
of partially decomposed vegetative matter.
