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.
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.
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.
QUARRYING
The excavating of consolidated material for sale as a business.
TOPSOIL
The arable soil within eight inches of the surface.
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.
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;
D. Lateral support of abutting streets and lands;
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.