[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]
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:
A.
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.
B.
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.
C.
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.
D.
A narrative describing the method of operations and
materials to be quarried.
E.
The hours during which the quarry will be operated.
F.
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.
G.
A certificate by licensed surveyors of the State of
New Jersey that survey markers exist.
A.
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:
(2)
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]
(3)
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.
(4)
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.
(5)
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.
(6)
Provisions shall be made for adequate drainage during
quarrying operations and after termination of the same. The applicant
shall adhere to the following:
(a)
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.
(b)
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.
(c)
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.
(d)
Design of drainage and stormwater runoff systems
shall include provisions to maximize groundwater recharge.
(e)
Drainage and stormwater runoff systems shall
be designed with suitable retention and detention facilities to reduce
erosion, sedimentation and pollution.
(f)
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.
(g)
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.
(h)
Retention areas shall accept all surface waters
from a one hundred-year storm and absorb these waters within a seven-day
period.
(i)
Fencing and/or vegetative screening may be required
around all basins.
(j)
The foregoing shall be designed in accordance
with standards for soil erosion and sedimentation control or promulgated
by the Soil Conservation Service.
(7)
Provisions shall be made for lateral support slopes
and grades abutting streets and lands during quarrying operations
and after termination of the same.
(8)
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.
(9)
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.
(11)
Such other factors that may bear upon or relate
to the coordinated, adjusted and harmonious physical development of
the Borough.
B.
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.
C.
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.
D.
Provisions shall be made for the completion of all
reclamation within a period of two years after termination of quarrying
operations.
E.
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]
A.
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.
B.
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.
C.
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.
A.
Hours of operation.[1]
[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]
(1)
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.
(2)
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.
B.
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]
C.
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.
D.
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.
E.
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.[2] 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]
[2]
Editor's Note: Schedule A is on file in the
Borough offices.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
All drilling, crushing and processing of quarry materials
must be conducted by use of dust control or by local exhaust systems
of equivalent effectiveness.
N.
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]
O.
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.
P.
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]
Q.
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]
A.
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.
B.
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.
C.
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.
