For the purpose of this chapter, unless from the context a different
meaning clearly appears, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Riverdale, Morris County, New Jersey.
PERSON
Includes individual, firm, association, partnership and corporation.
PREMISES
One or more contiguous parcels of land in single ownership. Parcels
shall not be deemed to be contiguous if separated by a road, railroad, right-of-way,
brook, stream or other natural division.
SOIL
Includes both surface (or top) soil and subsoil.
SOIL MOVEMENT
The removal, grading or relocating from or import of soil to any
premises within the Borough.
SUBSOIL
All soil beneath the top layer of soil, be it sand, gravel, clay,
stone, rock, stone aggregate, dirt or a combination of one or more of the
foregoing, or otherwise.
No person shall excavate, scrape, dig, import, deposit or otherwise
disturb soil on any premises in the Borough of Riverdale, nor shall any person
move or cause the movement of any soil from any premises in the Borough, whether
such movement is for sale, gift or otherwise, unless a permit therefor is
first secured from the Borough Council as hereinafter provided.
The Borough Council shall not consider any application for soil movement
on the premises unless and until the owner of the premises shall first file
with the Borough Clerk an application, which includes the following:
A. A map of plat of the premises clearly delineating the
area(s) from which soil is sought to be moved.
B. The existing elevations of the premises, the proposed
elevations after movement of the soil and water surface elevation.
C. The number of cubic yards of soil movement.
D. The length of time necessary to do so.
E. The identity and address of the person or company to
move the soil, an estimate of the type and amount of equipment to be used
in the operation and the daily starting and finishing times during which machines
will be in operation.
F. The proposed route in the Borough to be utilized by the
trucks removing or importing the soil.
G. A proposed safety protection plan to prevent access to
the premises and equipment.
H. A concise statement indicating why it is essential and
necessary to move such amount of soil.
I. Required NJDEP permits and Morris County approvals (soil
erosion control plan).
J. Such other information as the Borough Council may from
time to time require.
K. Identification of temporary stabilization, fencing and
stockpiling anticipated for the project.
Anything herein to the contrary notwithstanding, no soil movement permit
shall be required in connection with the removal of excess soil resulting
from the construction or alteration of a building, structure or off-street
loading or parking areas on such premises or driveways, and excavation or
grading incidental thereto where a building permit or septic system repair/alteration
permit has been issued, or when a soil movement plan has been reviewed by
the Planning Board in conjunction with a development application. Movement
of 10 cubic yards or less in connection with single-family or two-family residential
development if done in a twenty-four month period shall be exempt from the
permit requirements.
If permission to move the soil shall be granted, the applicant or person
in charge of the operation shall so conduct the operation that:
A. No excavating shall be conducted except during the hours
from 7:30 a.m. to 5:30 p.m. on weekdays only, Saturday and Sunday excluded.
The Borough Council may impose further time restrictions for community safety
and safe passage of school transportation traffic.
B. Every truckload of material moved shall be properly trimmed
and in no event shall protrude more than 12 inches above the sides of the
truck at the peak or highest point in the load.
C. Every truckload shall be loaded in such a manner that
dirt or soil does not fall from the truck, and each such truckload shall be
covered.
D. Every day that soil is transported over the streets,
roads or highways in the Borough pursuant to a soil movement permit, the applicant
or person in charge of the operation shall cause all soil, dirt or mud present
on such streets, roads or highways to be swept, picked up and removed, and
in the event of failure, neglect or refusal of any person to so sweep, pick
up and remove such soil, dirt or mud, the Borough Engineer is hereby authorized
to suspend any soil movement permit issued for a period of not less than three
days.
The Borough Engineer is hereby designated as the officer whose duty
it shall be to enforce the provisions of this chapter. He shall from time
to time, upon his own initiative and whenever directed by the Borough Council,
inspect the premises for which permits have been granted to ensure compliance
with the terms of the permit and of this chapter. He shall immediately report
all violations to the Borough Council and take such action as may be deemed
necessary in the circumstances.
Any person, firm or corporation violating any of the provisions of this
chapter shall be subject to a fine not exceeding $1,000 or imprisonment in
the county jail for a term not exceeding 90 days or community service not
exceeding 90 days, in the discretion of the Judge before whom such conviction
shall be had. Each and every violation of a nonconformance with this chapter
or each day that any provision of this chapter shall have been violated shall
be construed as a separate and distinct violation thereof.