[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Editor's Note: This ordinance also superseded former Ch. 169, Soil Removal, comprised of Art.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:
PERSON
Any developer, organization, individual, company, corporation, partnership, limited-liability company, limited-liability partnership, or any other form of business entity.
SITE
The block(s) and lot(s) that is named on the application form and is the location of the project.
SOIL
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.
SOIL DISTURBANCE
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.
SOIL EXPORTATION
Removing soil from one site to any location off site.
SOIL IMPORTATION
Bringing soil to the site from any location off site.
SOIL MOVEMENT
The transfer of soil within a 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.
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.
[1]
Editor's Note: See N.J.S.A. 13:20-1 et seq.
[2]
Editor's Note: See N.J.S.A. 58:16A-50 et seq.
[3]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
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.
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.
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.