A.
Limitation on night operations.
(1)
Quarrying may be conducted only on Monday through Friday
between the hours of 7:00 a.m. and 7:00 p.m. and on Saturday between the hours
of 7:00 a.m. and 3:30 p.m. prevailing time with the exception that i) office
administration may be conducted at any time; ii) maintenance may be conducted
at any time; and iii) sale of processed material and the trucking of same
is permitted during night hours (7:00 p.m. to 7:00 a.m.) for not more that
55 nights in any calendar year ("night operations"). No night operations are
permitted on Saturday, Sunday, or any holiday as defined in the ordinance.
Night operation shall be conducted in accordance with plans submitted to the
Borough Engineer at least five business days in advance of the proposed night
operation ("plan"). No night operations are permitted without an approved
plan. A reasonable but less than five days' notice shall be given where initially
unanticipated nights are required to complete a previously approved night
operation project or to carry out an incidental and unanticipated night operation.
The plan shall include the proposed hours of night operation, the name of
the job, the exact route each truck or commercial vehicle coming to or leaving
from the quarry ("vehicle") will take, the name of each trucking company (and
truck number) or owner operator who will be working during the night operation,
the number of vehicle runs anticipated for each night and such other identifying
information as shall reasonably be required by the Borough Engineer. The Borough
Engineer shall have the complete authority and discretion to alter or change
the routes designated in the plan reasonably prior to any night operation.
The plan for each night shall be approved in writing by the Borough Engineer
and delivered to the license holder within two business days of receipt. A
copy of the approved plan will be kept on file with Haledon, and a copy will
be supplied to the Borough of Haledon Police Department by the license holder.
The designated, approved route for any given night, for both ingress and egress,
will be provided to the trucking company and the Haledon Police Department
by the license holder at least 24 hours in advance of anticipated work. Additionally,
individual truck drivers will receive a map or description designating the
mandated route of travel for that night. On not more than 25 of the 55 nights
will the designated route utilize either Central Avenue or Pompton Road/Ailsa
Avenue in Haledon.
(2)
In the event that any vehicle violates the plan by operating on a street or road (whether municipal or county) which is not an approved street or road on the plan for that night, the first such violation by a truck driver coming from or going to the quarry will result in a written warning issued by the Haledon Police Department to the truck driver with a copy to the license holder. In the event that any truck driver is guilty of a second violation, the license holder, if it has received prior written notice of the previously issued warning, be subject to the penalties in § 283-22B. If the license holder or any trucking company or owner operator disputes a violation, it may challenge the violation in a court of competent jurisdiction within 30 days of the assessment of the violation. If any violation is not paid by the license holder within 45 days of the date of issue or if the license holder or a truck driver challenges the violation within 15 days of a final judgment in favor of Haledon, Haledon may deduct the amount of the violation from the escrow account established in § 283-7B of this chapter.[1]
(3)
In order to assist in enforcing the limitation on night
operations described herein, the license holder, for each night that it conducts
night operations, will contribute to a special escrow account maintained by
Haledon for that singular purpose, a sum sufficient to pay for the costs incurred
by Haledon for one off-duty police officer to be assigned to the quarry operation
for those night hours. The rate to be charged for said police officer will
be the rate the Haledon Police Department charges for off-duty police officers.
If the standard rate for off-duty police officers contains a minimum number
of hours, that amount will be paid, even if the night operation is less than
the minimum number of hours. The license holder will deposit a sum in the
escrow account in an amount established by the Chief of Police, or his designee,
before it conducts any night operations and will replenish that amount as
required by the Chief of Police.
B.
No quarrying shall be conducted on Christmas, New Year's
Day, Easter, Memorial Day, July 4, Labor Day or Thanksgiving.
All drilling must be done by the wet drilling method or by any other
method of equivalent effectiveness for dust control.
All roads or traveled rights-of-way within the licensed premises must
be regularly treated with calcium chloride, or other dust-arresting agent,
as necessary to substantially reduce the excessive accumulation and dissemination
of dust beyond the property boundaries of the quarry.
A.
In no event shall quarrying be permitted within 50 feet
of the property line. No quarrying shall be permitted which will endanger
the lateral support of abutting properties. Landscaped berms shall be required,
to the satisfaction of the Borough Engineer, along all quarry-owned property.
C.
In no case shall any quarry products, equipment or other
materials be stored within a distance of 100 feet of any nonquarry boundary
line without screening approved by the Borough Engineer.
A chain link fence with a minimum height of six feet shall be erected
around the perimeter of the operation, and all means of ingress and egress
shall be controlled by the substantial gates of similar height.
On each occasion when blasting is to be conducted, written or verbal
notice shall be conveyed to the office of the Borough Clerk at least two hours
prior to the proposed detonation unless prevailing provisions make it impossible,
but in no case less than 1/2 hour. Additionally, all residents within 500
feet of any property line of any land owned by the applicant and who request
the same in writing shall be notified verbally at least 1/2 hour prior to
the proposed detonation. All blasting shall be limited to the hours between
10:00 a.m. and 4:00 p.m. Such blasting shall conform to the requirements and
regulations of the State of New Jersey.
A.
A copy of any written claims of damage due to blasting
shall be filed with the Borough Clerk within 10 days of receipt along with
the result of the inspection of those claims within 30 days of the date of
the claim.
B.
The applicant or the state shall monitor each blast with
seismographic equipment, and records for the monitoring of each blast shall
be made available to the Borough Engineer.
C.
The license holder shall cause any claim by any property
owner of damage as a result of blasting to be investigated within 48 hours
of the claim being made. If the property owner and the license holder agree,
the license holder shall either repair the damage or compensate the property
owner for the damage. If no agreement is reached, then the property owner
may pursue any claims it has against the license holder in accordance with
law.
Signs shall be maintained at all entrances or exits of the quarry premises
indicating the name and address of the licensee, along with the telephone
number(s) where the licensee can be contacted at any time of the business
day. Additionally, the Borough police shall be provided with a twenty-four-hour
number for use in the event of an emergency.
The license holder shall use the best accepted reasonable practices
and accepted, reasonable, available technology in the industry for the control
of fugitive dust emissions. With each quarry license application, it will
submit an update to its dust control plan showing the actions it is taking
to control dust from its operations.
Airborne discharges from the blacktop plant shall comply with the more
restrictive standard of either the Board of Health or the State of New Jersey.
Where a more restrictive regulation is not imposed by this chapter,
the standards established by the State of New Jersey shall apply.
