[HISTORY: Adopted by the Mayor and Council of the Borough of Riverdale 8-4-1986 by Ord. No. 9-86. Amendments noted where applicable.]
It is the intent of this chapter to license and regulate quarries for the protection of persons and property and for the preservation of the public health, safety and welfare of the Borough of Riverdale and its inhabitants and to ensure that quarrying operations shall be conducted in such manner as to create a minimum of annoyance from noise and dust to nearby owners or occupants of property and to provide for the safety of persons, particularly children, and further to ensure that the quarried area shall be suitably and reasonably rehabilitated during quarrying operations and after quarrying operations have been completed or otherwise terminated.
For the purpose of this chapter, certain words as used herein shall be defined as follows:
- Includes any person, firm, partnership, association, corporation, company or organization of any kind.
- The excavation of stone, shale or other natural mineral resources
and the removal thereof from the quarry premises to the processing
area. The term "quarrying" includes all activities related to the
excavation of stone, or other material, including the operation of
an asphalt or concrete plant.[Amended 12-21-1998 by Ord. No. 24-98]
- RECLAMATION PLAN
- A plan approved by the Mayor and Council of the Borough of Riverdale for reclamation of the area of land affected by quarrying operations, including land use objectives, specifications for grading, manner and type of vegetation and such maps and other supporting documents prepared by a licensed professional engineer and licensed professional planner, and such other reports, maps and documents as may be required by Mayor and Council.
[Amended 12-10-2002 by Ord. No. 10-2002]
It shall be unlawful for any person to conduct the business of quarrying within the Borough of Riverdale without first having obtained a license therefor in accordance with this chapter. An application for a license renewal shall be filed at least 90 days before the expiration of the current license.
Applications for licenses required by this chapter shall be made upon forms provided by the Borough Clerk and shall be signed and verified by the applicant, setting forth or accompanied by the following information:
The name and address of the applicant, if an individual; the name, residence and business address of each partner, if a partnership; the name, date and state under which organized, if a corporation; and, if a foreign corporation, whether the same is authorized to do business in the State of New Jersey. A corporate applicant shall indicate the names of directors, principal officers and local representatives, their residences and business addresses.
A legal description of the premises where the business is to be conducted and 12 copies of a map of the premises prepared by an engineer or land surveyor of the State of New Jersey showing the entire tract involved, the location of all survey markers (concrete monuments) required by this chapter, the lots and blocks of all property located within 100 feet of the premises, the zoning district and zone district lines, if they exist, all roads or buildings and their uses within 100 feet of the premises, existing and proposed final contours of the land involved and surrounding lands up to 100 feet from the premises, contours to be created by the quarrying operator at ten-foot intervals and all brooks, streams or bodies of water either on the tract or within 100 feet of the premises and indicating places where quarrying has been conducted, entrances and exits to the tract involved, fences, gates, buildings and structures, existing or proposed.
Data relative to the ownership of the tract involved or any interest of the applicant, its officers, directors or stockholders in adjoining property. In the event that the applicant is not the owner, written consent of the owner must be furnished.
A narrative describing the method of operations and materials to be quarried.
The hours during which the quarry will be operated.
Certificates of insurance attached to the application, evidencing liability insurance coverage in amounts of not less than $1,000,000 for personal injury, including death, for each person or each occurrence and $300,000 for property damage.
A certificate by licensed surveyors of the State of New Jersey that survey markers exist.
Prior to approval of any license application, a plan for reclamation of the site shall be submitted to the Mayor and Council for its review and approval. However, an existing quarry shall submit a reclamation plan within six months of the effective date of this chapter, which time may be extended for 90 days for good cause by the Mayor and Council. The reclamation plan shall, in addition to showing the ultimate plans therefor, indicate measures to be taken during the course of quarrying operations which will lead to reclamation of the site and shall include the following:
After the effective date of this chapter, ultimate quarry faces shall be 70° with maximum vertical distances between benches of 50 feet and minimum bench horizontal distances of 15 feet.
[Amended 5-2-1988 by Ord. No. 12-88]
Twelve copies of a map containing all of the information required in § 132-4B and also including all existing contours at ten-foot intervals, all proposed final contours at ten-foot intervals and proposed final location of all brooks, steams, bodies of water, vegetation or proposed vegetation.
Where topsoil has been removed, provisions shall be made for setting aside, for retention on the premises, sufficient arable soil to be distributed over the premises to a depth capable of supporting vegetation. Where final contours are of such slope as to make the replacement of topsoil impractical, such slopes shall be planted with rootable plant material in sufficient number and of sufficient size to minimize erosion. The foregoing shall be done in accordance with standards of the Soil Conservation Service.
Provisions shall be made for reasonable portions of initial or existing quarrying operations to be reclaimed prior to the opening of new areas. To the extent practicable, the reclamation plan shall make provisions for simultaneous quarrying and reclamation.
Provisions shall be made for adequate drainage during quarrying operations and after termination of the same. The applicant shall adhere to the following:
Wherever possible, streams and watercourses and their stream buffers shall be preserved and interruption or impediment of natural drainages entering or leaving the premises shall be minimized.
Due consideration shall be given to the relationship of the premises to the natural or established drainage pattern of the subwatershed of which it is a part.
Streams or watercourses which normally carry or receive surface water runoff shall not be overloaded with increased runoff, sediment or other pollution during or after development.
Design of drainage and stormwater runoff systems shall include provisions to maximize groundwater recharge.
Drainage and stormwater runoff systems shall be designed with suitable retention and detention facilities to reduce erosion, sedimentation and pollution.
A report on stormwater calculations shall be submitted by an engineer licensed in the State of New Jersey in sufficient detail for a review of these calculations. Included shall be maps, plats or other materials necessary to establish areas tributary to the premises and areas within the premises tributary to a specific drainage structure, methodology for retention of variables and capacity of proposed systems.
Detention areas shall be installed and designed to contain stormwater discharge. Peak discharge from a one-hundred-year design storm shall be controlled to a rate of discharge equal to the peak discharge of a twenty-five-year design storm prior to quarrying.
Retention areas shall accept all surface waters from a one hundred-year storm and absorb these waters within a seven-day period.
Fencing and/or vegetative screening may be required around all basins.
The foregoing shall be designed in accordance with standards for soil erosion and sedimentation control or promulgated by the Soil Conservation Service.
Provisions shall be made for lateral support slopes and grades abutting streets and lands during quarrying operations and after termination of the same.
Provisions shall be made for the preservation of land values and uses of the quarry premises and surrounding areas after quarrying operations have been terminated.
Provisions shall be made to eliminate sound emanating from the premises which may endanger the health, welfare and safety of the citizens of Riverdale or degrade the quality life. The applicant shall identify all sources of sound or noise originating on the premises and shall make provision for the control, abatement or elimination of such sound or noise. The applicant shall also demonstrate that its operations conform to all applicable noise control laws and codes.
Such other factors that may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.
Nothing herein shall require that a reclamation plan be resubmitted annually; however, reclamation plans may be amended or revised from time to time as quarrying operations proceed, and any amended or revised reclamation plan will be submitted to the Mayor and Council for review as provided herein.
An approved reclamation plan shall be deemed part of an approved license application. A violation of the terms of the reclamation plan shall be deemed a violation of the terms of the license.
Provisions shall be made for the completion of all reclamation within a period of two years after termination of quarrying operations.
Any original reproducible copy of the reclamation plan and any amendments or revisions thereof shall be filed with the Borough Clerk.
[Amended 12-10-2002 by Ord. No. 10-2002; 5-19-2003 by Ord. No. 3-2003]
The Mayor and Council shall require a performance guaranty as a condition of license approval to insure the completion of all elements of the approved reclamation plan.
The performance guaranty shall be provided in favor of the Borough of Riverdale in an amount of 120% of the estimated costs for completion of the reclamation plan as determined in accordance with Subsection D or such lower amount as may be approved by the Mayor and Council. The performance guaranty may, at the option of the licensee, be posted in a letter of credit from a bank licensed to do business in the State of New Jersey, or a performance bond issued by an insurance company licensed to do business in the State of New Jersey, or a combination thereof. The letter of credit or bond posted shall be in a form approved by the governing body.
The applicant shall forward with the application for renewal a statement by the applicant's engineer as to the estimated cost for completion of the reclamation plan being approved. The estimated cost for completion of the reclamation plan shall be calculated by taking the total reclamation cost which would be incurred if the site immediately ceased operations plus the additional reclamation cost which would be incurred as a result of the operations scheduled to take place during the duration of the licensing period (the following six years). The estimate by the applicant's engineer shall be reviewed by the Borough Engineer who may approve or revise the estimate. The amount required for the performance guaranty shall be determined in the amount approved by the Borough Engineer.
[Amended 12-21-1998 by Ord. No. 24-98; 4-17-2000 by Ord. No. 2-2000]
The initial application shall be accompanied by a fee of $7,500. Subsequent application fees shall be $5,000 per year, payable on January 1 of each year. The filing fees shall include all inspection fees and shall be due and payable upon the filing of an application. If an application includes revisions to the reclamation plan, the applicant shall be responsible for the professional review expenses incurred by the Borough in conjunction with the Borough's review of revisions to the reclamation plan. These costs are not included in the application fee, and the applicant shall post an escrow fee of $5,000 to cover professional review costs. This escrow shall be replenished if and when it is depleted.
[Amended 11-23-2016 by Ord. No. 12-2016]
The Borough Engineer or his authorized representative may conduct monthly inspections of the licensed premises in order to determine whether operations are being conducted in accordance with the regulations of this chapter and the approved reclamation plan. The Borough Engineer may submit written reports of such inspections from time to time, or as may be specifically requested by the Mayor and Council.
Hours of operation.
[Amended 5-2-1988 by Ord. No. 12-88; 12-20-1993 by Ord. No. 11-93; 12-21-1998 by Ord. No. 24-98; 4-17-2000 by Ord. No. 2-2000]
Quarrying activity may be conducted Monday through Friday between the hours of 6:00 a.m. and 8:30 p.m. Saturday quarrying activity shall be limited to the sale of quarrying materials, trucking, the removal of quarrying materials and may include the operation of asphalt and concrete plants. The hours of Saturday operation for the permitted activity shall be 6:00 a.m. until 4:00 p.m. All quarrying activity is prohibited on Sunday. The gates of sites where quarrying activity occurs shall be opened only during the hours when quarrying activity is permitted and for 15 minutes prior to the permitted opening hour to allow only for the off-road parking of trucks.
The limitation on the hours of operation contained in this subsection shall not apply to the operation of a concrete or asphalt plant when the plants are operating for the exclusive purpose of fulfilling contracts for highways or roadways for federal, state, county or local governments and/or agencies, which contracts expressly require plant operation during hours when this subsection prohibits quarrying activity. Notice to the Borough of Riverdale is to be given at least two days prior to the first day when operation during the prohibited hours is required by government contract. This notice shall contain the identity of the governmental entity requiring the activity, the name of the project and location of the site involved and the dates of operation to meet the contractual requirement.
Maintenance work at a quarrying activity site may be conducted Monday through Friday between the hours of 6:00 a.m. and 12:00 midnight and on Saturdays between the hours of 6:00 a.m. and 4:00 p.m.
[Amended 5-2-1988 by Ord. No. 12-88; 4-17-2000 by Ord. No. 2-2000]
Provisions shall be made to eliminate dust emanating from the premises which may endanger the health, welfare and safety of the citizens of Riverdale or degrade the quality of life. The applicant shall identify all sources of dust originating on the premises and shall make provisions for the control, abatement or elimination of such dust. The applicant shall also demonstrate that its operations conform to all applicable dust control laws and codes.
All roads or traveled rights-of-way within the licensed premises shall be treated with acceptable material in order to reduce accumulation and minimize dissemination of dust beyond the quarry property.
No quarrying shall occur within 150 feet of any property or street lines or on that portion of Lot 3, Block 12 (Tax Map) as cross-hatched and designated on map attached hereto as Schedule A, entitled Lot 3, Block 12 (Tax Map) Tract Six, 400 Foot Contour, Borough of Riverdale, Riverdale Quarry Company, April 7, 1988. Notwithstanding the foregoing, quarrying may be conducted to the property line abutting Paterson Hamburg Turnpike for a distance of 500 lineal feet along said Paterson Hamburg Turnpike, commencing at and running west from a point station 12-90.72 as shown on attachment Number 12, Addendum No. 5, Drainage Plan D-11 on a map entitled "State of New Jersey, Department of Transportation, Drainage Plan, Route 287, Section 19B, From South of Route 23 to Paterson Hamburg Turnpike and Route 23 (1953) Section 3U from the vicinity of Riverdale Road to the vicinity of Cotluss Road.”
[Amended 5-2-1988 by Ord. No. 12-88]
Editor's Note: Schedule A is on file in the Borough offices.
The perimeter of the licensed premises shall be posted with signs stating such. Where actual quarrying is within 300 feet of a property line, a chain-link fence of a minimum of six feet shall be erected.
Signs shall be maintained at all entrances or exits of the quarried premises indicating the name and address of the licensee and that the business being conducted is a licensed quarry operation.
Where conveyers discharge material of less than one inch in diameter into stockpiles of such material, the licensee shall take steps to reduce the accumulation and dissemination of dust to be provided and specified on the required site plan.
No stone, shale or other excavated natural mineral resource shall be transported to the licensed premises from other premises for purposes of storage and/or processing except in accordance with the regulations set forth in this chapter and in accordance with an approved reclamation plan.
A natural or landscaped buffer of 100 feet in width shall be planted and maintained. Said landscaping shall consist of trees and shrubs designed to provide screening throughout the year. Where abutting a public street, the aforementioned planted buffer area may be reduced to 25 feet, provided that a fence of sufficient height is constructed to shield the street from the licensed premises.
All drilling, crushing and processing of quarry materials must be conducted by use of dust control or by local exhaust systems of equivalent effectiveness.
Minimum grade elevation in quarried areas shall be completed so as to ensure positive drainage. The grade elevation produced shall be a minimum of a 1% slope commencing from the base grade elevation of 237 feet at Paterson Hamburg Turnpike to the premises' interior.
[Amended 11-23-2016 by Ord. No. 12-2016]
All quarrying operations and activities shall be conducted in accordance with the terms of this chapter, the term of the license and the term of the approved reclamation plan.
In conjunction with quarrying activities, no person shall cause, suffer, allow or permit sound from any source which, when measured at the point of annoyance, is in excess of the standards adopted by the State of New Jersey Department of Environmental Protection or by the ordinances of the Borough of Riverdale.
[Added 12-21-1998 by Ord. No. 24-98]
All air quality permits mandated by the New Jersey Department of Environmental Protection shall be obtained prior to the operation of the quarry facility and shall be maintained in accordance with the schedule of renewals set forth by NJDEP. The quarry facility shall comply with the periodic testing schedules as set forth by NJDEP permit.
[Added 12-21-1998 by Ord. No. 24-98]
[Amended 5-2-1988 by Ord. No. 12-88; 5-19-2003 by Ord. No. 3-2003]
All existing quarries shall submit a license application within 60 days of the effective date of this chapter. All existing quarries are authorized to continue until the initial application is finally acted upon by the Mayor and Council.
All license applications shall be reviewed and be subject to the approval of the Mayor and Council. The initial license and any license issued during the calendar year shall expire on December 31 of the last year of the license. An applicant shall submit the application and fee on or before July 1 of the final year of the license. Failure to submit on time shall constitute a violation of this chapter. The Mayor and Council may, for good and sufficient reasons, propose the denial of the license and provide notice thereof to the applicant. However, if a license is denied, the reasons therefor shall be set forth in writing, and the applicant shall be given reasonable opportunity to address the reasons for denial at a public hearing scheduled for that purpose. Furthermore, the applicant shall have a reasonable opportunity to cure the causes for the proposed denial. Thereafter, all license applications shall be for a term of six years and expire on December 31 of the expiration year. A quarry may continue operation until such time as a license application has been acted upon by the Mayor and Council, provided that a timely application and fee have been submitted.
Prior to taking any action on a license application, the Mayor and Council shall publicly hear and decide the matter in accordance with law and afford all interested parties an opportunity to be heard. Upon an applicant's request, the Mayor and Council shall have the authority to authorize a deviation from the any of the provisions of §§ 132-5 and 132-9 of this chapter where the strict enforcement of such provisions would be unreasonable or, in determination of the Mayor and Council, such deviation is reasonable and would not have a substantial impact on the health, safety and welfare of the Borough of Riverdale and its inhabitants.
[Amended 11-23-2016 by Ord. No. 12-2016]
This chapter shall be enforced by the Borough Engineer, who shall investigate any violation of this chapter coming to his attention, whether by complaint or arising from his own personal knowledge. If a violation is found to exist, he shall serve a written notice by certified mail or personal service upon the owner or other party in charge of the licensed premises, which notice shall require said violation to be abated within a period of 10 days from the date of service thereof or within such lesser period of time as the Borough Engineer shall deem reasonable in cases where the danger to public health, safety and general welfare is so imminent as to require more immediate abatement. If said person fails to abate said violation within the time specified, the Borough Engineer shall notify the Mayor and Council, which may prosecute a complaint in Municipal Court. The Mayor and Council may file such actions in law or equity that it deems necessary to protect the public health, safety and welfare.
Upon 10 days' notice and an opportunity to be heard, the Mayor and Council may suspend any license issued under this chapter if it finds that the license is violating a term or provision hereof.
[Amended 5-2-1988 by Ord. No. 12-88]
In addition to the revocation or suspension penalty as provided above, any person who violates any provision of this chapter or who otherwise fails to comply with any requirement shall, for each such violation or offense, be subject to a fine of not more than $500 or may be imprisoned for not more than 90 days, or both. Each day that a violation or offense continues shall constitute a separate violation thereof.
[Added 4-19-1999 by Ord. No. 7-99]
The quarry owners shall pay to the Borough of Riverdale a fee of $500 for every time the asphalt plant and cement plant operate after the normal working hours of 6:00 a.m. to 7:00 p.m.