[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.
A.Â
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:
(1)Â
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.
(2)Â
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.
(3)Â
Information showing the ownership of the tract involved
and the written consent of the owner thereof if the applicant is not
the owner.
(4)Â
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.
(5)Â
The hours during which the quarry will be operated.
(6)Â
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.
B.Â
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.
C.Â
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]
D.Â
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.
A.Â
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.
(1)Â
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]
(2)Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
The licensed operation shall not adversely affect
the lateral support of abutting land or other properties.
H.Â
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.
