Borough of Glen Gardner, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Glen Gardner 4-22-1969. Amendments noted where applicable.]
This chapter shall be known as the "Pit and Quarry Regulatory Ordinance of the Borough of Glen Gardner."
All owners, lessees, operators, managers, person, persons or corporations having control of any sand bank, pit or quarry within the said borough be and they are hereby ordered, directed and required to receive from the Office of the Borough Clerk a pit and quarry license annually on or before the first day of July of each year.
Before receiving such license, the applicant shall make an application on forms to be provided by the Borough Clerk. Said application shall be signed and verified by the applicant and shall contain the following information:
The name and address of the applicant, if an individual; the name, residence and business address of each partner, if a partnership; or, if a corporation, the name, date and state under whose laws such corporation was organized, and, if a foreign corporation, whether authorized to do business in New Jersey; the names of directors, principal officers and local representatives, their residences and business addresses.
A legal description of the premises where the business is to be conducted and a map of said premises prepared by a licensed engineer or land surveyor showing the tract involved and roads or buildings within 500 feet thereof.
Information showing the ownership of the tract involved and the written consent of the owner thereof if the applicant is not the owner.
Plans and specifications showing the places thereof where quarrying is to be conducted, all entrances or exits to the tract, fences or gates erected or to be erected. The buildings erected or to be erected, the equipment to be used in the operation and a narrative describing the method of operation.
The hours during which the quarry will be operated.
Proof of liability insurance coverage in amount of not less than $100,000 for each person injured; $300,000 for each accident causing personal injuries and $100,000 for property damage for each accident.
On each application for renewal of said license, the applicant shall file with the application, where available, a certificate from the proper state office indicating satisfactory compliance with applicable state statutes and regulations or adequate proof of said compliance. The applicant shall make available for inspection to the borough a pattern of blasting.
The annual fee for each license shall be $2,000. Application for each license shall be made not less than 30 days prior to the proposed effective date of the license or renewal of license.
[Amended 5-16-1978; 12-1-2015 by Ord. No. 2015-14]
After the license application has been approved by the Borough Engineer as conforming hereto, the Borough Council may approve the issuance of a license to operate the quarry. Such license shall be renewed annually on July 1 of any year and expire on June 30 of the following year. In the event that the application or renewal is denied, the applicant will be notified of such denial, and within 15 days the Borough Council will conduct a hearing, after notice, to give the applicant the opportunity to be heard.
[Amended 5-16-1978; 11-16-2015 by Ord. No. 2015-12]
An annual inspection of all licensed quarry operations shall be conducted by the Borough Engineer or his or her representative prior to the issuance or renewal of any license pursuant to this chapter. The Borough Engineer or his or her representative may also conduct at any time an inspection of licensed premises for compliance with the standards of this chapter and applicable state laws and regulations. Access to the licensed premises for the purposes of such inspections shall be permitted by the licensee. The Borough Engineer or his or her representative shall file a written report of all inspections with the Borough Clerk and shall supply a copy to the applicant or licensee. The purpose of the inspection shall be to confirm compliance with all of the terms and conditions of the approved site plan for the quarry as well as all of the terms and conditions of this chapter.
It shall be unlawful for any person to make, cause or permit to be made or caused upon any premises owned, occupied or controlled by him or her in this municipality any unnecessary noises or sounds by means of the human voice, machinery or by other means or methods which are physically annoying to persons or which are harsh or unusual in their use, time and place and which may be injurious to the lives, health, peace and comfort of inhabitants of adjacent property in the municipality. The determination of this section shall be based upon inspection by the Engineer or the Health Officer of the municipality or a representative of the Hunterdon County Department of Health after proper investigation.
It shall be unlawful for any quarry operator in this municipality to cause undue dust, smoke or smog or cause particles to enter the air that in any way shall be injurious to the persons in the community or which shall cause or threaten to cause pollution to the air or water of the municipality. Determination of undue pollution of the air or water of the municipality shall be the responsibility of the health officer based on standards established under N.J.S.A. 34:6-98.4a or by such other standards of health and welfare as established by agencies of the State of New Jersey and which in the opinion of the health officer are injurious to the health and well-being of the citizens of the community.
Any quarry in the mining zone may only carry on its quarrying operations, including without limitations, blasting, mining, quarrying, crushing, screening, grading, truck or train loading, moving of material and equipment and washing and other operations incidental thereto, on the licensed premises from Monday through Saturday between the hours of 6:00 a.m. and 10:00 p.m. No quarrying operations, including without limitations, blasting, mining, quarrying, crushing, screening, grading, truck or train loading, moving of material and equipment and washing and other operations incidental thereto, on the licensed premises shall be conducted in the borough on New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, Christmas Day or on Sundays.
The operation to be carried on between 6:00 a.m. and 7:00 a.m. shall be limited to the loading of trucks and the hauling of materials from the premises.[1]
Editor's Note: The subsection that immediately followed this subsection, which contained provisions regarding the operation of B Plant between 6:00 p.m. and 10:00 p.m., was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Excepted from the time limitations of this section are crews necessary to be on the quarry premises for the purpose of maintenance, custodial services and emergency repairs.
The roads or rights-of-way within the licensed premises must be treated with road oil or calcium chloride as determined to be necessary in the discretion of the Borough Engineer or Road Commissioners in accordance with prevailing conditions.
In no case shall any stone or other products of quarrying be deposited in any manner on any adjacent properties of any of the roads in the borough.
Signs shall be maintained at all entrances or exits indicating the name and address of the licensee and that the business being conducted is a licensed quarry operation.
An adequate dust-suppression system approved by the State of New Jersey shall be provided and in operation at the scene of crushing operations and all points of transfer of material to reduce the dust dispersed into the air.
All explosives must be handled in accordance with state regulations, and any quarrying operations shall adhere to the standards set forth under the Air Pollution Control Act of the State of New Jersey.
The licensed operation shall not adversely affect the lateral support of abutting land or other properties.
A warning device shall be sounded one minute before the setting off of any explosives, which device shall have a volume of intensity sufficient to make said device audible a distance of 1,000 feet from the site of the blast.
After 10 days' notice and an opportunity to be heard, the Borough Council may revoke or suspend any license issued hereunder, if it finds that the licensee is violating the terms of this chapter or any state law.
Any violation of the provisions of this chapter shall be punishable by a fine not exceeding $1,000, imprisonment for a term not to exceed 90 days and/or a period of community service not to exceed 90 days. Each day that the violation continues to exist shall constitute a separate offense.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).