This chapter shall be known and may be cited as the "Hardyston Township Quarrying Chapter."
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 Township of Hardyston and its inhabitants and to ensure that quarrying operations shall be conducted in such a manner as to create a minimum of annoyance from noise and dust to nearby owners or occupants of property, to provide for the safety of persons, particularly children, and further, to ensure that quarried areas shall be suitably and reasonably rehabilitated after quarrying operations have been completed, or otherwise terminated.
The words defined in this section shall mean and include the following, when used in this chapter:
APPROVED PLAN
A plan for the removal of material by quarrying, and approved by the Township Council, pursuant to the provisions of this chapter.
[1]
ARABLE SOIL
Soil that, when dry, contains not less than 4% by weight of organic matter and the balance of which is mineral matter.
HEARING AGENCY
The Zoning Board of Adjustment of the Township of Hardyston.
PERMIT
A quarrying permit.
PERSON
Includes any person, firm, partnership, association, corporation, company or organization of any kind.
QUARRY
A place where stone, slate, shale or other consolidated material is excavated, crushed, washed or graded for sale as a business.
[2]
QUARRYING
The excavating of consolidated material for sale as a business.
[3]
TOPSOIL
The arable soil within eight inches of the surface.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall operate a quarrying business in contravention of this chapter. A permit must be obtained in accordance with the requirements of this chapter by filing an application as hereinafter set forth.
Where quarrying operations have been in existence as nonconforming uses prior to the adoption of this chapter, the owner or operator shall, within six months of the adoption of this chapter, obtain a permit, in accordance with the requirements of this chapter, by filing an application as hereinafter set forth.
Since quarrying is not a permitted use in the township, an applicant for a quarrying permit shall file with his application for a quarry permit either a certificate of nonconforming use issued pursuant to the provisions of N.J.S.A 40:55D-68 or a copy of a resolution of the Zoning Board of Adjustment granting a use variance and approving a site plan meeting all of the requirements of this chapter as well as Chapter 147, Site Plan Review, accompanied by a certification of the applicant that the time for taking an appeal from the decisions of the Board in said matters has expired.
All applicable requirements for submission of a site plan and use variance must be provided for an application to the Zoning Board for a quarry permit. In addition, the following must also be provided:
A. 
An aerial photograph of the site.
B. 
Location of topsoil storage areas.
C. 
Methods of controlling silting and pollution of downstream properties.
D. 
Approximate elevation of the water table, if within eight feet of the proposed final proposed grade or a certification that the water table is not within eight feet of the final proposed grade.
E. 
Detailed plans indication the location where the quarrying will be conducted, showing existing contour lines and proposed final contour lines after removal of material. The plan should show all entrances or exits to the tract, fences and gates to be erected, equipment to be used for the operation, other elements necessary or contemplated with respect to the operation and a detailed narrative describing the operation.
F. 
The total number of cubic yards of consolidated material to be removed under the permit and the time within which the proposed operation will be completed. Any total project which is not capable of completion within five years shall be split into sections, with each section being completed within five years or such other time span which may be found reasonable to the Board of Adjustment.
G. 
Any other information that may be requested by the Zoning Board.
H. 
A plan for rehabilitation of the site taking into consideration the above information submitted and factors set forth in § 138-8.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In considering and reviewing the application and arriving at recommendations and decisions, the hearing agency shall give particular consideration to the following factors:
A. 
Soil erosion by water and wind;
B. 
Surface water drainage;
C. 
Soil fertility;
D. 
Lateral support of abutting streets and lands;
E. 
Land values and uses;
F. 
Contours, both existing and proposed;
G. 
Existing contours and topographic character of the land prior to the removal of any quarry material and the proposed contours resulting subsequent to the removal of quarry material in accordance with the application;
H. 
Whether the proposed removal of quarry material is necessary and incidental to the development of the property for its intended use or whether the proposed removal constitutes merely a commercial activity.
I. 
The proposed reuse plan, including a timetable for implementation, shall be in accordance with the existing zoning and Master Plan recommendations for the area. Such reuse plan shall not be binding upon the township or the applicant but shall be used to illustrate that the final site topography, access and relationship to the surrounding areas permit a viable and realistic reuse of the quarry site.
A. 
The hearing agency, upon completing its review of the quarry permit application and all other necessary approvals, shall forward to the Township Clerk its report and recommendations with respect to issuance of the quarry permit, together with its action on all other necessary applications. In the event that the actions of the reviewing agency are favorable, the Township Clerk shall, within 35 days of the receipt of such reports, issue a quarry permit. In the event that the hearing agency has denied any relief sought or recommends against the issuance of the quarry permit, the Township Clerk shall deny the application for the quarry permit; provided, however, that any existing quarries in operation as of the effective date of this chapter may continue to operate pending Township Council review and decision on any appeals for relief as set forth herein.
B. 
The Zoning Board of Adjustment shall make its report and recommendations to the Township Clerk in accordance with the requirements of the applicable time periods for such review as required by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and appropriate extensions thereunder.
C. 
The permit shall show the total number of yards of quarry material authorized to be removed as calculated by the Township Engineer, based upon the information submitted with the application, and also the term of the permit, which shall be for a term not to exceed 15 years and shall coincide with the terms of the final site plan approval granted pursuant to N.J.S.A. 40:55D-50, and the permit shall encompass the scope of the existing or proposed quarry operation.
D. 
At the expiration of the permit period, the applicant shall be required to submit a final site plan application for the specific excavation area of the new permit application for the area where future excavation is intended. No approval of the new site plan application or the granting of a new permit shall be given unless the hearing agency is satisfied that all of the requirements and conditions contained in the preliminary site plan approval, final site plan approval and permit have been satisfied.
A. 
In the event that the application for a quarry permit is denied, an appeal may be taken to the Township Council. Such appeal shall be filed with the Township Clerk and a copy thereof served on the hearing agency within 20 days of the date of denial. The appellant, within five days of the service of the notice of appeal, shall arrange for a transcript of the proceedings before the hearing agency and submit proof to the Township Clerk of such arrangement. The Township Council shall hear and decide the appeal within 95 days of the receipt of said transcript. Failure of the Township Council to hold a hearing and/or conclude its review within the time period specified shall constitute a decision affirming the action of the Township Clerk.
B. 
Upon receipt of the transcripts, the Township Clerk shall notify the appellant and the hearing agency, at least 10 days prior to said date, the date of the hearing before the Township Council. The review of the action taken shall be limited to the record below and parties may submit oral or written argument on said record at such meeting.
C. 
The Township Council shall provide for a verbatim recording and transcripts of such meeting, which cost shall be borne by the appellant. The Township Council may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Township Clerk, based on the recommendations of the hearing agency and on the record below.
A. 
A permit may be renewed for additional periods of not exceeding 15 years each upon application filed with the Township Clerk and submitted to the Township Council, which application shall be accompanied by a copy of the plan as originally approved, a statement of applicant's engineer showing that all quarrying has been done in accordance with the approved plan and payment of a filing fee as provided for in Chapter 88, Fees, of this Code. Upon receipt of such application, the Township Council shall cause an inspection of the site to be made by the Township Engineer who shall submit a report of his or her findings as to licensees' compliance with this chapter and approved plan, which report shall also set forth any special conditions or requirements that the Township Engineer deems necessary in the public interest, which the Township Council may impose as conditions to the issuance of the extended permit. The Township Council may also request reports from the Board of Adjustment, Board of Health and Police Department as to any previous problems resulting from the quarry operation or as to any particular areas of concern resulting from the continuation of the operation. In addition to the filing fee as set forth above, the applicant shall be responsible to reimburse the township for all expenses incurred by the township in connection with the review of said renewal application by the Township Engineer or by any other similar professional. If reference is made by the Township Council to any of the boards or bodies hereinabove referred to, the applicant shall also be responsible for defraying the cost of any reviews made by said boards; provided, however, that no duplication of charges shall be incurred.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Upon the expiry of a quarry permit or of an extended permit without application having been made for a further extension prior to the expiration of such permit, such permit or extended permit shall become null and void.
C. 
A permit issued pursuant to the provisions of § 138-9 may be transferred pursuant to the following provisions:
(1) 
An application for transfer shall be filed with the Township Clerk and accompanied by a consent to such transfer signed by the holder of the existing permit.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The Township Engineer shall inspect the premises and submit a letter to the Township Clerk setting forth the result of the inspection, including specification of any violations of this chapter.
(3) 
The applicant shall publish a notice of his application for a transfer of the permit and license at least once in the official newspaper of the township at least 25 days prior to the date when the application is to be considered by the Township Council and shall furnish proof of publication to the Township Clerk. Said notice shall provide that objections to the transfer may be submitted in writing to the Township Clerk at least five days prior to the date that the application is to be considered by the Township Council.
(4) 
If no objections are filed as hereinabove set forth, the Township Council at the meeting at which the matter is to be considered may act upon said request for transfer. If, however, any objections have been filed, then a hearing shall be held at said meeting or at such other meeting as may be designated by the Township Council and at said hearing objectors to the granting of the transfer of the permit may be heard. The transfer shall be either granted or denied in the discretion of the Township Council within 15 days following the hearing.