[HISTORY: Adopted by the Mayor and Council of the Borough of Riverdale 6-21-1977 by Ord. No. 8-77; amended in its entirety 10-18-2004 by Ord. No. 20-2004. Subsequent amendments noted where applicable.]
Land use procedures — See Ch. 37.
Quarries — See Ch. 132.
Subdivision of land and site plan review — See Ch. 149.
Zoning — See Ch. 168.
Editor's Note: This ordinance also changed the chapter title from "Soil Removal" to Soil Movement."
For the purpose of this chapter, unless from the context a different meaning clearly appears, the following terms shall have the meanings indicated:
- The Borough of Riverdale, Morris County, New Jersey.
- Includes individual, firm, association, partnership and corporation.
- 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.
- 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.
- 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 map of plat of the premises clearly delineating the area(s) from which soil is sought to be moved.
The existing elevations of the premises, the proposed elevations after movement of the soil and water surface elevation.
The number of cubic yards of soil movement.
The length of time necessary to do so.
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.
The proposed route in the Borough to be utilized by the trucks removing or importing the soil.
A proposed safety protection plan to prevent access to the premises and equipment.
A concise statement indicating why it is essential and necessary to move such amount of soil.
Required NJDEP permits and Morris County approvals (soil erosion control plan).
Such other information as the Borough Council may from time to time require.
Identification of temporary stabilization, fencing and stockpiling anticipated for the project.
Upon receipt of the application and map, the Borough Clerk shall forthwith submit a copy of each to the Borough Engineer, who shall review the same, inspect the site and, except where the application involves the movement of less than 100 cubic yards of soil, within 15 days make a written report to the Borough Council. Thereafter, the Council shall establish a hearing date for the application, not less than 20 days notice of which shall be given to the applicant.
Notice of all applications, which are heard by the Borough Council, shall be given by the applicant at least 10 days prior to the hearing in the following manner:
Public notice shall be given by publication in the official newspaper.
Notice shall be given to all owners of real property within 200 feet in all directions of the property which is the subject of the hearing by mailing a copy thereof, by certified mail, to the property owner at the address shown on the current tax duplicate.
Notice shall be given, in the discretion of the governing body, to all neighboring municipalities through which vehicles involved in the soil movement are expected to travel and all property owners in the Borough.
In considering the application, the Council shall be guided by and shall take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
Soil erosion by water and wind.
Drainage on and off premises,
Relationships of proposed grades to existing structures, abutting streets and premises.
Land values and uses.
Road damage, traffic and weather conditions.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.
In granting permits hereunder, the Borough Council shall have the power to impose terms and conditions in the public interest, including the fixing of time limit, and if the time required or asked to complete the soil movement operation is so extended as to indicate the establishment of a soil movement use which would be contrary to the zoning plan in the area, the permit shall not be granted.
Prior to consideration by the Borough Council, the applicant shall deposit an escrow deposit of $1,000 to cover professional review fees. After approval by the Borough Council and prior to the issuance of a soil movement permit, the applicant shall deposit with the Borough Clerk a fee of $0.10 per cubic yard, with a minimum fee of $100, and may be required to file with the Borough a performance bond conditioned upon full compliance with all of the terms and conditions of approval, including the provisions of this chapter. The amount of such bond shall be fixed by the Borough Council or Engineer, as the case may be, and the same shall be in the form of cash or a surety bond in a form and with surety acceptable to the Borough Attorney. Where a surety bond is given, the Borough Council or Engineer, as the case may be, shall have the right to demand a cash bond equal to 10% of the total amount, it being understood that in the event of default the cash deposit shall be resorted to first by the Borough in pursuing its remedies.
The Borough Council may, in its discretion and consistent with the purposes herein stated, require the completion of all soil movement or sections thereof by a subdivider prior to the erection of any dwellings or structures on the premises.
Permits shall expire one year from the date of issuance unless extended by the Borough Council.
In cases involving the movement of 100 cubic yards or less of soil, the Engineer may, if he finds the provisions of this chapter have been complied with, issue the permit.
In reviewing the application, the Engineer shall be guided by the criteria set forth in § 140-4C and may place such terms and conditions on the granting of the permit as may be necessary to protect the public interest.
The permit fee shall be $0.10 per cubic yard, with a minimum fee of $100. There shall also be a professional review charge of $200, which shall be held in escrow to cover engineering review.
No more than one engineering approved soil movement permit may be granted in any twenty-four month period.
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.
No excavation shall be made within 20 feet of any property line unless approved by the Borough Engineer.
No excavation shall be made greater than 10 feet below the established grade of the nearest public street or highway unless the sidewalls remain at an incline of at least two horizontal feet to one vertical foot, or as required by the Borough Engineer for slope stability and safety.
Any excavation or pit which, because of proximity to adjacent property, public ways or places or for any other valid reasons, is deemed hazardous to life or limb shall be fenced in the manner hereinafter provided. Fencing requirements may be fixed by the Borough Council at the time a permit is originally granted hereunder, and where so fixed the installation shall be made in accordance with the standards and conditions hereinafter set forth. Alternatively, such requirement may be fixed after the project has been commenced, as provided below.
When the governing body has determined by resolution that an excavation or pit is hazardous and presents a danger to life and limb, it shall order the owner of the premises to fence same by the erection of a chain link or cyclone fence not less than six feet high. Said fence shall be secured in a manner and to an extent which will reasonably assure that it will provide protection to persons who have occasion to be near the excavation or pit area. The resolution shall specify the reasons for ordering the fence installed and shall specifically designate the area to be fenced and the time for completion thereof. A certified copy of the resolution shall forthwith be served upon the owner of the premises, and within 10 days after receipt thereof such owner may file with the Borough Clerk a request for a hearing if he feels that the order is unreasonable or based upon facts which do not warrant its issuance within the meaning and purpose of this chapter.
After such hearing, if the governing body confirms that the fence must be installed, the owner shall proceed to install same within the period specified by said governing body in its original order to such modification thereof as may be determined to be reasonable under the circumstances.
Dust-down or similar dust layer shall be spread on access roads and other traveled areas used in connection with every excavation in order to protect the public and the surrounding area against windblown sand and dust.
No excavation of earth from the ground shall be so made as to undermine, weaken or deprive of support other lands in the vicinity.
No removal of earth from the ground shall be made so as to expose to possible pollution, by water intrusion or otherwise, any underground water used as a public water supply.
No excavation heretofore or hereafter made shall be below two feet above the maximum groundwater level at the site.
When a soil movement permit has been granted, during soil movement operations, the permittee shall not remove from the premises the top layer or arable soil for a depth of four inches, but such top layer shall be set aside for retention on the premises. Upon termination of the soil movement, said top layer of soil shall be respread over the premises pursuant to levels and contour lines approved by the Borough Engineer. The remaining top layer of arable soil shall not be removed outside of the Borough of Riverdale.
All soil movement must be done in strict compliance with and under control and supervision of the United States Department of Agriculture, Soil Conservation Service, Morristown Office, concerning drainage, grading, seeking, fertilizing, etc., of the entire area affected by said soil movement.
If permission to move the soil shall be granted, the applicant or person in charge of the operation shall so conduct the operation that:
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.
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.
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.
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.