[HISTORY: Adopted by the Township Committee
of the Township of Harmony 11-2-1982 by Ord. No. 0:82-5.
Amendments noted where applicable.]
All persons, firms or corporations hereinafter desiring to operate any sand and gravel pit or other industrial excavation within the Township of Harmony shall, before commencing such operation or excavation or continuing any operation during any calendar year, apply to the Township Committee for a permit to conduct such operation or excavation. Applications for such permits shall be furnished upon request from the Township Clerk, which, upon submission by the applicant, should have annexed thereto a plot plan, both of which shall be in accordance with §§ 128-5 and 128-6 hereof. Upon a determination being made that the application is complete and prior to the issuance of the permit, a public hearing shall be conducted upon the application therefor by the Township Committee, upon 15 days' notice, in writing, to the applicant and the owners of the adjoining premises, setting forth the time and place thereof, at which time all interested persons shall be given an opportunity to appear and be heard.
A.
As used in this chapter, the following terms shall
have the meanings indicated:
- OPERATOR
- Any person engaged in and controlling the business of conducting a quarry.
- PERSON
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- QUARRY AND INDUSTRIAL EXCAVATION
- A place where stone, shale, slate or gravel or other natural material is excavated, crushed, washed, graded or otherwise processed. The excavation of sand, gravel or other natural mineral deposits for incidental use on the premises, for grading such premises or in connection with the construction of buildings or other structures in conjunction with an approved subdivision or site plan is permitted in any district, provided that the same is not prohibited pursuant to the terms of Chapter 165, Zoning.[Amended 8-7-1990 by Ord. No. 0:90-15]
- QUARRYING
- Those aspects of the business of conducting a quarry as relate directly to the excavation and processing of stone, shale, slate, gravel or other natural material and the removal thereof from quarry premises.
- RECLAMATION
- The reconditioning of the area of land affected by quarrying operations to restore the same to a productive use after termination of quarrying operations consistent with the Master Plan adopted by the Planning Board of the Township of Harmony.
- RECLAMATION PLAN
- A written proposal approved by the governing body of the Township of Harmony for reclamation of the area of land affected by quarrying operations, including land use objectives, specifications for grading, manner and type of vegetations and such maps and other supporting documents as may be required by the governing body.
B.
Terms and words not defined in the Harmony Township
Site Plan Ordinance, the Harmony Township Subdivision Ordinance or
the Harmony Township Zoning Ordinance, hereinafter referred to as
the "Land Use Regulations,"[1] shall have, for the purposes of this chapter, the meanings
given them in the Land Use Regulations as the same now reads or may
be amended.
C.
Terms and words not defined in any of the foregoing
sources shall have the meanings established by common usage of the
words unless the context herein clearly indicates the contrary.
Hours of operation shall be from 6:00 a.m. to
8:00 p.m. on all weekdays, Mondays through Saturdays. On all Sundays
there shall be no operation other than such operation as may be necessary
for maintenance of equipment. No machinery or motor vehicles shall
be operated upon the sand and gravel pit and/or industrial excavation
site prior or subsequent to the permitted hours of operation hereinbefore
mentioned.
The plot plan and application shall contain,
as a minimum, the following information:
A.
Maps and plans submitted in compliance with this chapter
shall be 24 inches by 36 inches.
D.
General plot plan requirements:
(1)
The plot plan shall reflect standards for development in Subsection E.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(2)
The plot plan shall be drawn at a scale in accordance
with the following table:
|
Area of Site
(acres)
|
Scale Not To Be Less Than
| |
|---|---|---|
|
Less than 40
|
1 inch equals 50 feet
| |
|
Over 40
|
1 inch equals 100 feet
|
(3)
The plan shall include the following data:
(a)
The name and address of the operation and the
owner and the name, address and title of the person preparing the
plan and maps, including appropriate map titles and accompanying data.
(b)
The acreage, Municipal Tax Map lot and block
numbers and tax sheet numbers of the lot or lots.
(c)
A key location map showing the site and its
relationship to surrounding areas and zone boundaries within a minimum
of 1/4 mile.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(e)
Landscaped areas, fencing and trees over four
inches in diameter, except that where trees are in mass, only the
limits thereof, if proposed to remain, need be shown, or, if proposed
for removal, only trees over nine inches in diameter need be shown.
(f)
All existing and proposed signs and utility
poles and their size, type of construction and location.
(g)
The existing and proposed principal building
or structures and all accessory buildings or structures.
(h)
The location of all existing buildings, drainage
and parking area within 200 feet of the lot.
(i)
Existing topography depicted by contours at
two-foot intervals based upon New Jersey Geodetic Control Survey datum
for the site and areas within 50 feet of the site. Topography shall
be no less than four years old for the entire site and shall be updated
annually for those areas which have been modified or otherwise disturbed.
[Amended 8-7-1990 by Ord.
No. 0:90-15]
(j)
An accurate boundary survey prepared and certified
by a New Jersey licensed land surveyor. The survey shall be based
on a field traverse with an error of closure not less than one part
in 10,000.
(k)
The approximate location and size of all existing
and proposed storm drainage facilities, plus all design data supporting
the adequacy of the existing or proposed facility to handle future
storm flows and analysis of the capacity of the facility into which
the stormwater will flow; an analysis of the stormwater increase or
decrease created by the quarry.
(l)
The location of all existing and proposed sidewalks,
driveways, fences, retaining walls, parking space areas and the layouts
thereof and all off-street loading areas, together with the dimensions
of all the foregoing on the site in question and within 100 feet of
said site.
(m)
The estimated average number of automobiles
and number and size and type of trucks that will enter and leave the
site each day.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(n)
The location, size and nature of all existing
and proposed rights-of-way, easements and other encumbrances which
may affect the lot or lots in question.
(o)
The location, size and nature of the entire
lot or lots in question and any contiguous lots owned by the owner/operator
or in which the owner/operator has a direct or indirect interest,
the date of acquisition of each tract and the deed book and page in
which the acquisition is filed.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(p)
Plans and profiles of streets adjoining the
property for a distance of 500 feet in either direction, including
the location of driveways and intersecting streets and an indication
of what the maximum available sight distance shall be if a new driveway
is proposed or if deemed necessary by the Township Committee.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(q)
The general nature and extent of site lighting
and intended hours of usage.
(r)
The method of sewage disposal and water supply.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(s)
Tax Map lot and block numbers and the names
of owners of all properties within 200 feet of the site.
(t)
A landscape and planting plan which, as a minimum,
shall spot the location of all existing plantings to be retained and
all plantings to be established and shall contain a schedule, keyed
to the plantings shown, calling out the type (common name and botanical
name), size (height, spread and trunk diameter) at the time of planting
and at maturity and quantity of all plantings shown on the plant.
(u)
The location of any other feature directly on
the property and beyond the property, if such feature has an effect
on the use of said property.
(v)
Such information or data as may be required
by the governing body in order to determine that the details of the
site plan are in accord with the standards of the ordinances of the
Township.
(w)
Copies of all applicable local, state and federal
permits that may be required.
(4)
The plans shall be prepared and signed by a professional
engineer licensed in New Jersey except for certification by other
licensed professionals as required by this chapter or New Jersey law.
E.
Reclamation information. In addition to the foregoing
basic data, the following restoration and operational data shall be
included:
(1)
Contours at two-foot intervals depicting the following.
(a)
The final grading of the quarry.
(b)
The grading of any interim stages which are
anticipated prior to final site grading.
(c)
Operations anticipated to be completed within
the period of the permit.
(d)
The extent of operations in previous permit
periods which shall be determined by field measurements.
(2)
The location and water surface elevation of any groundwater
encountered in operations.
(3)
The location of topsoil stockpiles.
(4)
Soil erosion measures to be installed.
(5)
Restoration details as to soil stabilization and buffering,
including specifications as to reestablishing ground cover in both
final and interim stages.
(6)
An analysis of the natural angle of repose as determined
by a qualified soils engineer.
(7)
A report as to anticipated noise levels and dust conditions
and an analysis as to compliance with standards hereinafter described.
(8)
An estimate of the cost required to restore the site
to its final condition.
The following construction standards shall be
adhered to in quarrying operations:
A.
Slopes.
(1)
Final slopes shall be determined by the natural angle
of repose of the material but in no case shall be greater than three
horizontal and one vertical.
(2)
Interim slopes may be as recommended by a soils engineering
analysis of the material to be quarried; slopes steeper than three
to one (3:1) shall be protected by a substantial fence.
(3)
Tops of slopes shall not be less than 100 feet to
any property line or 100 feet to any roadway. Interim slopes shall
not after sloughing result in a top of slope closer than that described
above.
[Amended 5-3-1983 by Ord. No. 0:83-2; 6-11-1996 by Ord. No. 0:96-6]
B.
Restoration staging.
(1)
Sites with a disturbed area in excess of 15 acres
shall provide for a staged restoration plan. Such plan shall provide
for placement of topsoil and grassed covering and slopes in compliance
with the requirements for final slopes for all areas in excess of
15 acres.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(2)
Restoration staging may provide for temporary and
permanent restoration; however, in either case, final grading and
vegetative cover requirements shall be adhered to.
C.
Vegetative requirements:
(1)
No topsoil shall be removed from the site until final
restoration is accomplished or until it is demonstrated by an engineering
analysis that adequate topsoil exists to meet the requirements herein.
(2)
Topsoil shall be replaced on the site to a depth of
not less than six inches.
(3)
All areas not disturbed shall be maintained either
with grass cover or as an active agricultural operation.
(4)
All area which has been restored either on an interim
or final basis shall be reseeded in accordance with Soil Conservation
Service standards or shall be in an active agricultural usage.
E.
No water areas shall remain after final grading fill
shall be installed to a minimum depth of two feet above maximum groundwater
level.
G.
All reclamation operations shall be completed within
12 months after completion of operations within a given area.
H.
No substance shall be emitted into the atmosphere
in quantities which are injurious to human, plant or animal life or
to the property or which will interfere unreasonably with the comfortable
enjoyment of life and property anywhere in the Township. All provisions
of the New Jersey Air Pollution Control Code, as amended and as augmented
by regulations, hereinafter designated as the "code," shall be complied
with.
I.
Noise. There shall be no noise emanating from any
operation or use measured at the property lines which exceeds the
values given in Table I in any octave band of frequency after applying
the corrections shown in Table II. The sound-pressure level shall
be measured with sound-level meters and/or analyzers conforming to
United States of America Standard Specification for General-Purpose
Sound Level Meters S1.4-1961, or latest revision, United States of
America Standard Specification for Octave, Half-Octave and Third-Octave
Band Filter Sets, S1.11-1966, or latest revision, published by United
States of America Institute, New York, New York.
|
Table I
| ||
|---|---|---|
|
Octave Band Center Frequency
(cycles per second)
|
Sound-Pressure Level in Decibels
(re 0.0002 dyne/cm2)
| |
|
31.5
|
59
| |
|
63
|
58
| |
|
125
|
57
| |
|
250
|
50
| |
|
500
|
45
| |
|
1,000
|
40
| |
|
2,000
|
37
| |
|
4,000
|
33
| |
|
8,000
|
29
| |
|
Table II
| |||
|---|---|---|---|
|
Type or Location of Operation or Character
of Noise
|
Correction*
(decibels)
| ||
|
Daytime operation only
|
5
| ||
|
Noise source operations less than*
| |||
|
20% of any 1-hour period
|
5
| ||
|
5% of any 1-hour period
|
10
| ||
|
Noise of impulsive character (hammering, etc.)
|
-5
| ||
|
Noise of periodic character (hum, screech, etc.)
|
-5
| ||
|
*NOTE: Apply one of these corrections only.
|
J.
Vibration. In any zone, no vibrations discernable
without instruments at the measuring point shall be permitted.
[Added 6-11-1996 by Ord. No. 0:96-6]
This chapter shall become effective upon final
passage and publication as required by law. All ordinances or parts
thereof in conflict with the provisions of this chapter are hereby
repealed.
[Amended 5-3-1983 by Ord. No. 0:83-2; 8-7-1990 by Ord. No. 0:90-15]
The Township Engineer shall, based upon the
plan of rehabilitation and estimate of rehabilitation quantities submitted
by the applicant, prepare a performance guaranty estimate for submission
to the governing body relative to the costs incident to the proposed
restoration or improvement of the site upon conclusion of the excavation
or stripping operations. No permit shall be issued by the governing
body until such time as a performance guaranty is posted by the applicant
with the Township in an amount equal to the performance guaranty estimate
prepared by the Township Engineer in the manner hereinbefore set forth,
which said performance guaranty shall be approved as to form by the
Township Attorney and be in effect at all times during the period
in which the operation is being conducted pursuant to the permit and
thereafter so as to ensure the rehabilitation of the site in accordance
with the terms and conditions hereof. Notwithstanding anything to
the contrary hereinbefore contained, the term of the performance guaranty
shall be two years, commencing on the date of the issuance of the
permit. The governing body shall, no later than December 31 of the
year following the issuance of a permit, release the previously posted
performance guaranty; provided, however, that a new performance guaranty
has been posted with the Township. If a new permit is not issued,
the governing body shall, before the expiration of the performance
guaranty, require the licensee, obligor or surety to restore the licensed
premises in accordance with the terms of the reclamation plan. If
the governing body fails, upon expiration of the term of the performance
guaranty, to release the performance guaranty or pursue the Township's
remedies under the performance guaranty through the initiation of
proceedings in a court of competent jurisdiction, to require restoration
of the licensed premises, in accordance with the terms of the reclamation
plan, the licensee, obligor or surety may thereafter notify the governing
body, in writing, by certified mail, addressed to the attention of
the Municipal Clerk, with a copy of such notice to the Municipal Attorney
and Engineer, of its intention to exercise its right to terminate
the performance guaranty. In the event that the governing body fails
to notify the licensee, obligor or surety within 65 days following
receipt of the aforesaid notice of the extent of the work to be performed
to effect the restoration of the licensed premises in accordance with
the terms of the reclamation plan, thereafter, upon failure of the
governing body to provide such notice within 65 days, it shall be
deemed to constitute release of the performance guaranty.
[Added 8-7-1990 by Ord.
No. 0:90-15]
The governing body shall, in determining whether
to grant or deny the application for the permit, in addition to the
matters hereinbefore mentioned, consider the suitability of the reclaimed
site for a use permitted in the zone or district pursuant to the terms
and conditions of the Zoning Ordinance.[1] In addition to the matters hereinbefore described, the
governing body shall give consideration to the adverse residual effects
of unregulated businesses of this nature upon the public safety, health
and general welfare, the devaluation of real estate resulting from
ultimate abandonment of excavations, pits and declivities below the
level of surrounding lands causing surface waters to collect in inordinate
quantities, providing breeding places for mosquitoes, problems of
waste due to erosion by wind and water, unusual practical difficulties
created in surface water drainage, soil fertility, the necessity for
slopes and grades and the ultimate detrimental effect that a repetition
of stripping and excavating parcel after parcel of land might have
upon the taxable wealth and normal development of the Township.
A.
Application forms shall be obtained from the Township
Clerk in a form prescribed by the governing body.
B.
Applications shall be filed with the Township Engineer, who shall determine whether the application is complete. In making such determination, the Township Engineer shall be guided by and apply the standards embodied under § 128-5 hereof. Upon determining that the application is complete, the Township Engineer shall notify the governing body that a public hearing date can be established. If the application is incomplete, he shall notify the owner of the reasons for the determination. The determination shall, in general, be made within 60 days of the submittal.
C.
The application shall consist of the following:
|
Document
|
Number Required Submittal Within Submittal
for Determination
|
10 days of Determination
| |
|---|---|---|---|
|
Application forms
|
3
|
8
| |
|
Plans
|
3
|
8
| |
|
Supporting documents
|
3
|
8
| |
|
Fees
|
Due at this stage
|
--
|
D.
After granting of the license, the owner shall deliver
one Mylar reproducible of all plans.
In no event shall a permit be revoked or rescinded
by the Township Committee, except upon notice to the permittee affording
the permittee an opportunity to be heard, which notice shall be given
to the holder of the permit at least 15 days prior to the date of
the scheduled hearing and shall set forth the time and place thereof,
together with a description of the charges alleged against such permittee.
[Amended 12-27-1990 by Ord. No. 0:90-19; 7-2-2013 by Ord. No. 13-2]
An annual fee of $1,500 shall be payable to
the Township for the issuance of a permit, which shall expire on January
31 of each and every year. No permit fee shall be prorated for a portion
of the year in which it might be issued. A permit, upon its expiration
on January 31, shall be renewed during each and every year in which
the operation is in effect, for which an additional annual fee shall
be payable to the Township. No permit shall be assignable.
[Amended 12-27-1990 by Ord. No. 0:90-19]
Any person, firm, corporation, partnership or
association to whom a permit shall be issued shall obtain and deliver
to the Township a public liability insurance policy with limits of
liability of not less than $1,000,000 covering bodily injury to each
person and of at least $2,000,000 liability for any one accident and
property damage liability with limits of not less than $100,000 for
each accident relative to liability arising from any operations or
activities incidental to and during the period in which the business
is conducted pursuant to the permit.
[Amended 8-7-1990 by Ord. No. 0:90-15]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be subject to any combination
of the following:
[Added 12-3-1996 by Ord. No. 0:96-15]
Quarrying for commercial purposes and the aspects of quarrying as defined in this chapter shall be presumed abandoned and the operation shall be presumed as discontinued as to the entire site for which previous quarry permits have been issued whenever the required quarry operating permit for the continued use of the site has not been applied for in a timely fashion for two consecutive calendar years. No quarrying operations shall thereafter be resumed on the site except upon an application to the Harmony Township Planning Board for a determination or decision upon a special question as to whether the quarrying operation has been abandoned and, if said determination or decision results in a conclusion that the operation has been abandoned, the receipt of use variance approval to permit the resumption thereof. The quarry operator shall further be required to obtain the permit as specified in § 128-1 herein as a precondition to the resumption of any quarrying operations.
