[HISTORY: Adopted by the Township Committee of the Township
of Delaware 11-26-2012 by Ord.
No. 2012-17. Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 230.
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 and its inhabitants
and to ensure that quarrying operations shall be conducted in such
manner as to create a minimum of annoyance from noise and dust to
nearby owners or occupants of property, provide for the safety of
persons, particularly children, protect the environment and natural
resources, and ensure that the quarried area shall be safely and reasonably
rehabilitated for alternative use after quarrying operations have
been completed or otherwise terminated.
As used in this chapter, the following terms shall have the
meanings indicated:
The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., as
may be amended from time to time.
Any person engaged in and controlling the business of conducting
a quarry.
The legal owner of the quarry property.
The Delaware Township Planning Board.
A place where stone, shale, slate, bank-run material, sand
or gravel is commercially excavated, removed, crushed, washed, graded
or otherwise processed.
The boundary lines of the premises licensed under this chapter.
All lots used for quarrying. If any portion of a lot is used
for quarrying, the lot in its entirety shall be deemed "quarry property."
Those aspects of the business of conducting a quarry as relate
directly to the excavation and processing of stone, shale, slate,
bank-run material, sand or gravel, and the removal thereof from quarry
property and other related activities.
The reconditioning of the area of land affected by quarrying
operations to restore same to a productive use after termination of
quarrying operations consistent with the Master Plan adopted by the
Planning Board.
A written proposal approved by the Planning Board for reclamation
of the area of land affected by quarrying operations, including land
use objectives, specifications for grading, manner and type of vegetation,
such safety devices as shall be used at the site, and such maps and
other supporting documents as may be required by the Planning Board;
the plan shall be signed and sealed by a licensed professional engineer
and land surveyor licensed in the State of New Jersey, unless otherwise
provided by statute.
It shall be unlawful for any person to conduct the business
of quarrying within the Township without first having obtained a license
therefor in accordance with this chapter.
Applications for licenses required by this chapter shall be
made upon forms provided by the Township Clerk and shall be signed
by the applicant, setting forth or accompanied by the following information:
A.
General requirements.
(1)
The original application along with two copies, including all information
required in this section, shall be submitted to the Township Clerk
by January 31 of the calendar year the current license will expire
or 180 days prior to the anticipated start of operations for initial
applications. Upon approval, the quarry license shall be valid for
a ten-year period.
(2)
Any change in the ownership or the operator of an existing licensed
premises will require submittal of an initial license application
unless the new owner and/or operator of the quarry certifies that
no changes in the terms and conditions of the then-current license
are sought, and that the quarry will continue to be operated in accordance
with all of the terms and conditions of the current license for the
premises. For purposes of this section, it shall not be considered
a "change in the ownership" of a quarry if the controlling ownership
interest therein does not change.
B.
Initial license.
(1)
The name and address of the applicant, if an individual; the name,
residence and business address of each partner, if a partnership;
the name, date and state under which organized, if a corporation,
and if a foreign corporation, whether the same is authorized to do
business in the State of New Jersey. A corporate applicant shall also
indicate the names of directors, principal officers and local representatives,
their residences and business addresses, and designation of a person
upon whom service of process can be made. In the event the applicant
is not the owner, a written consent of the owner must be furnished
together with a copy of the quarry lease, agreement, or permit from
the owner to the applicant. All applicants shall consent to entry
upon the premises by the quarry inspector for the purpose of inspection.
(2)
A legal description of the quarry property, including copies of the
deed(s), where the business is to be conducted.
(3)
Maps, as described below. The maps required by this subsection may be included in the reclamation plan required by § 272-5. Required maps include the following:
(a)
An index map showing the quarry property and its general relation
to the surrounding areas at the scale of one inch equals not less
than 500 feet.
(b)
A plot plan of the quarry property, prepared, signed and sealed
by an engineer or land surveyor licensed in the State of New Jersey,
showing the entire quarry property and other properties at least 200
feet therefrom, and including the following:
[1]
The plot plan shall be at a scale of one inch equals 100 feet.
If a larger scale is required to show specific areas and details,
supplemental maps shall be included at a larger scale, consistent
on all of the additional maps. If one sheet is not sufficient to contain
the entire property and surrounding area as required by this subsection,
the map shall be divided into sections, and shown on separate sheets
of equal size, with a basic index map and references on each sheet
to the adjoining sheets.
[3]
Graphic bar scale.
[4]
Revision box, showing date and initials for each revision.
[5]
All boundary lines with lengths of courses to hundredths of
a foot and bearing to one-half minute, with the error of closure not
to exceed one to 10,000. The boundary lines shall be in the New Jersey
State Plane Coordinate System, NAD 83, and shall show true and magnetic
North arrows.
[6]
Any municipal boundaries and the names of adjoining municipalities
within 200 feet of the quarry property.
[7]
Zone boundaries on the quarry property and other property within
200 feet of the quarry property.
[8]
Existing block and lot number(s) of the quarry property as they
appear on the most recent Township Tax Map. The boundary lines of
any leased premises, if such premises are only a portion of the entire
tract of the owner.
[9]
Acreage of each quarry property lot to the nearest tenth of
an acre, as well as the total acreage held in all of the quarry properties.
[10]
Block and lot numbers and names and addresses of the owners
of record of all adjacent properties within 200 feet as shown on the
most recent tax list prepared by the Tax Assessor.
[11]
The names, locations and widths of all existing, proposed, or
recorded streets, roads, buildings, railroads, railroad rights-of-way,
high-voltage utility poles, high-tension towers, bridges, culverts,
watercourses, and drainage rights-of-way intersecting the quarry property
or within 200 feet of the quarry property as shown on the most recent
Township Tax Map.
[12]
All easements or rights-of-way, whether public or private, on
the quarry property and within 200 feet of the quarry property as
shown on the most recent Township Tax Map. The purpose of the easements
or rights-of-way as reflected in the legal instruments establishing
the easements or rights-of-way shall be stated.
[13]
The location of the fifty-foot setback lines from the boundaries
of the quarry property and the location from the setback lines of
any quarried rock slopes, any buildings, equipment, quarry products
or other material erected or stored on the quarry property.
[14]
The location of all wooded areas and existing and proposed buffer
areas within the quarry property. Designation of any vegetation, including
trees, to be altered or removed during the upcoming license period
shall be indicated along with the reason.
[15]
Existing topographic contours, including all slopes and benches
within the quarry property (all elevations shall be based upon USC&GS
data):
[16]
Location of places on the quarry property where quarrying is
to be conducted during the upcoming license period.
[17]
The anticipated ultimate limits of the quarry operation.
[18]
Proposed final ultimate contours of the land involved and adjoining
lands.
[19]
Location of all actual or proposed stream encroachments and
crossings, watercourses, drainage patterns, culverts, bridges, and
detention ponds within the quarry property.
[20]
Location of all existing structures and their uses within the
quarry property.
[21]
Location of all internal roadways, railroads, railroad rights-of-way,
parking areas showing parking bays, aisles, and driveways, high-tension
utility poles, and high-tension towers within the quarry property.
[22]
Location of all loading areas showing size and access within
the quarry property.
[23]
Location of all existing fencing, fencing planned to be constructed
during the upcoming license period, and future fencing and buildings
within the quarry property.
[24]
Location, direction of illumination, power, and type of exterior
lighting, including when the lighting will be used within the quarry
property.
[25]
All means of vehicular ingress and egress to and from the quarry
property onto public streets, showing the design and location of driveways
and curb cuts, including any necessary devices to prevent a hazardous
traffic situation.
(4)
Information describing roads and bridges to be used for access to
the quarry, including a description of the adequacy of those roads
for heavy truck traffic and any limitations that there might be with
respect to the adequacy of pavement, road shoulders, bridges, and
culverts; however, if the roads and bridges are state or county roads,
such descriptive information need not be provided.
(5)
A copy of each restrictive covenant of every nature, easement or
interest of third parties, existing by deed or otherwise, affecting
the quarry property.
(6)
Where the proposed quarrying operations involve any stream encroachment
or stream crossing during the upcoming license period, a description
and location of any encroachments or stream crossings shall be indicated
along with the anticipated date of application to the regulatory agencies.
(7)
An aerial photo of the quarry property, in sufficient detail to clearly
show the perimeter of quarried areas, benches, improvements, stockpiled
materials, internal roadways, portable equipment, parking areas, and
other major features. The quarry boundaries, buffer zones, and property
limits shall be marked.
(8)
A statement confirming that the most recently approved reclamation
plan is still valid, and that operations during the upcoming license
period will be compatible with it.
(9)
A narrative describing the method of operation and the equipment
to be used in the operation and any anticipated changes in the location
and type of equipment (crushers or screening units).
(10)
The nature, location and phasing, including an estimated schedule for installation, of a screening plan to minimize the visibility of quarry operations to neighboring residents and persons utilizing adjacent roadways. The screening plan may be shown in the reclamation plan required by § 272-5. The owner or operator shall provide and/or maintain effective visual screening of the quarry operation. In those areas of the quarry where fully effective visual screening is not feasible, the owner or operator shall make every reasonable effort through screening to minimize the visual impact of quarry operations to neighboring residents. The design for such screening/buffer strip shall utilize existing land contours, artificially created berms, natural vegetation on site and plant material not presently on site, all of the above to be supplied and/or maintained by the owner or operator. Elements of the screening, buffer strip design to be submitted shall be as follows:
(a)
In those areas where natural contours of the land provide effective
visual screening, the design shall generally describe existing plant
material, augmented by the planting of evergreen trees to provide
four-season visual and noise barriers, and, if necessary, indicate
methods of preventing erosion through planting of ground cover material.
(b)
In those areas where existing land contours do not in themselves
provide adequate screening, the design shall indicate the use of berms
with plantings, including evergreen trees, to provide effective visual
and noise screening; or, where effective visual screening is not feasible,
to minimize the visual impact of quarry operations.
(11)
An Environmental Impact Statement shall be submitted covering
in detail the following areas:
(a)
Description of the operation broken down by activity, the hours
of operation of each activity and personnel and equipment required
for each operation, including but not limited to:
(b)
Total traffic generated by the site, including but not limited
to passenger vehicles and truck arrivals and departures, all by the
time of day and points of ingress and egress.
(c)
A report prepared by a qualified expert that the noise limits
as established by law are not exceeded, including a complete detailed
report of all efforts being taken to reduce both the noise and vibration
created by blasting and related quarrying operations.
(d)
Methods and quantitative analysis to ensure that dust limits
established by law are met, including a complete detailed report of
all sources of dust from quarrying and a plan to control dust using
the best available practices and best available technology, including
a description of how dust emanating from stockpiles, roads, equipment,
operations of vehicles, blasting and other sources of dust will be
controlled. The plan must demonstrate that the quarry has made all
reasonable efforts to prevent or minimize the escape of fugitive dust
particles from the property. Copies of the approved Dust Control Plan
required by the State's NJPDES Permitting Program and the Dust
Management Plan required by the state's Air Permitting Program
may be submitted to satisfy this requirement.
(e)
Documentary confirmation that quarrying operations are consistent
with state regulations concerning water quality and quantity, including
for all streams, watercourses and wetlands on the quarry property,
and a description of efforts being taken to provide that water quality
will not be polluted or degraded and are protected from pollution,
siltation and environmentally unacceptable runoff. A copy of the Stormwater
Pollution Prevention Plan required by the state's NJPDES Permitting
Program may be submitted to satisfy this requirement.
(f)
Methods, including plans, to ensure that erosion will not occur
and that sediment will not be transported by stormwater runoff. Copies
of the approved Soil Erosion and Sediment Control Plan required by
the county and the Stormwater Pollution Prevention Plan required by
the state's NJPDES Permitting Program may be submitted to satisfy
this requirement.
(g)
A report from a licensed professional engineer that quarrying
operations are consistent with state regulations concerning air emissions
and a description of efforts being taken to provide that air pollution
from quarry operations will be minimized and that no adverse environmental
impacts to the quarry property or adjacent property will occur. A
copy of the approved Emissions Monitoring Plan required by the state's
Air Permitting Program may be submitted to satisfy this requirement.
(h)
A full description of on-site changes anticipated during the
upcoming license period on a site plan with a description in narrative
form describing quarrying and the incidental activities associated
therewith and any reclamation activities.
(i)
A report on the licensee's activities since the last license
application on means undertaken by licensee to reduce noise, dust,
traffic or other environmental impacts from quarrying or quarrying-related
activities upon the public and properties within 200 feet of the quarry.
(j)
A copy of all required permit approvals issued by any state,
county or local regulatory agency for the quarry operations shall
be submitted. In addition, if additional permit approvals will be
required during the upcoming license period, then a description of
this shall be indicated and a copy of permit applications shall be
submitted.
(12)
The quarry's normal hours of operation, consistent with
this chapter.
(13)
The number of blasts tentatively anticipated during the license
year and their approximate scheduling.
(14)
Applicant shall provide proof of insurance, evidencing comprehensive
coverage (on- and off-site coverage), including the acts of independent
subcontractors or agents, including limits, coverage, and terms, not
less than outlined below:
(a)
Comprehensive general liability. Coverage to be provided, including
all premises, operations, products/completed operations, broad-form
property damage, personal injury, coverage for explosion, collapse,
and underground ("XCU" to be included), limits of liability for property
damage and bodily injury in the amount of $1,000,000 per occurrence
and $2,000,000 annual aggregate. The coverage is to be endorsed to
include per-project and per-location aggregate extension, and an endorsement
adding the Township of Delaware as an additional insured.
(b)
Automobile liability providing coverage for "any auto" that
is or could be the responsibility of the applicant. Coverage shall
provide for the inclusion of a contractual liability endorsement.
Limits of liability for property damage and bodily injury in the amount
of $1,000,000 each occurrence.
(c)
Workers' compensation coverage to provide coverage for all workers
of applicant, providing statutory coverage as required by the State
of New Jersey. Employers' liability limits of not less than $500,000
each accident, $500,000 disease policy limit, and $500,000 disease,
each employee.
(d)
Umbrella excess liability. Coverage to provide a follow form endorsement providing excess liability limits over Subsection B(14)(a), (b), and (c) above. Limits of liability for property damage and bodily injury in the amount of $5,000,000 per occurrence and $5,000,000 annual aggregate. The coverage is to be endorsed to include per-project and per-location aggregate extension, and an endorsement adding the Township of Delaware as an additional insured.
(e)
General conditions:
[1]
All coverage must be provided by companies licensed to do business
in the state of New Jersey, with a minimum rating equivalent to an
A.M. Best rating of A-.
[2]
All policies above shall provide for a waiver of subrogation
in favor of the Township of Delaware.
[3]
All carriers shall agree to notify the Township of Delaware,
in no less than 10 days, of any change of the policies.
(15)
Information describing all written or electronic e-mail complaints
of which the applicant has knowledge filed with the applicant or the
New Jersey Department of Labor as to quarry operations during the
preceding license year. The applicant shall indicate all actions taken
in response to these complaints, including the outcome of any insurance
claims. In addition, information describing any permit violations
or enforcement documents issued by any state, county or local regulatory
agency for the quarry operations shall be submitted along with the
actions taken to correct any violations.
(16)
Certification of proof from the Township Tax Collector that
no taxes or assessments for local improvements are due or delinquent
on the quarry property, or any portion thereof.
C.
Renewal license. Applications for the renewal of any license required by this chapter shall be made on a renewal application form. The renewal application shall contain all information required in this subsection. The renewal application may include copies of documents submitted in connection with earlier applications provided the information is still current and valid. The renewal application shall also contain the information required under § 272-8 concerning reclamation activity, if any, expected to be completed during the upcoming license period, and the performance bond (§ 272-9), if required. When the license is to be renewed for a year during which the Township advises the applicant that the Township intends a comprehensive reexamination of its Master Plan, the applicant shall also submit 12 copies of its reclamation plan (§ 272-5) with its renewal application.
(1)
The name and address of the applicant, if an individual; the name,
residence and business address of each partner, if a partnership;
the name, date and state under which organized, if a corporation,
and if a foreign corporation, whether the same is authorized to do
business in the State of New Jersey. A corporate applicant shall also
indicate the names of directors, principal officers and local representatives,
their residences and business addresses, and designation of a person
upon whom service of process can be made. In the event the applicant
is not the owner, a written consent of the owner must be furnished
together with a copy of the quarry lease, agreement, or permit from
the owner to the applicant. All applicants shall consent to entry
upon the premises by the quarry inspector for the purpose of inspection.
(2)
A legal description of the premises, including copies of the deed(s),
where the business is to be conducted.
(3)
Maps, as described below. The maps required by this subsection may be included in the reclamation plan required by § 272-5. Required maps include the following:
(a)
An index map showing the quarry property and its general relation
to the surrounding areas at the scale of one inch equals not less
than 500 feet.
(b)
A plot plan of the quarry property, prepared, signed and sealed
by an engineer or land surveyor licensed in the State of New Jersey,
showing the entire tract and at least 200 feet therefrom and including
the following:
[1]
The plot plan shall be at a scale of one inch equals 100 feet.
If a larger scale is required to show specific areas and details,
supplemental maps shall be included at a larger scale, consistent
on all of the additional maps. If one sheet is not sufficient to contain
the entire property and surrounding area as required by this subsection,
the map shall be divided into sections, and shown on separate sheets
of equal size, with a basic index map and references on each sheet
to the adjoining sheets.
[3]
Graphic bar scale.
[4]
Revision box, showing date and initials for each revision.
[5]
All boundary lines with lengths of courses to hundredths of
a foot and bearing to one-half minute, with the error of closure not
to exceed one to 10,000. The boundary lines shall be in the New Jersey
State Plane Coordinate System, NAD 83, and shall show true and magnetic
North arrows.
[6]
Any municipal boundaries and the names of adjoining municipalities
within 200 feet of the quarry property.
[7]
Zone boundaries on the quarry property and within 200 feet.
[8]
Existing block and lot number(s) of the quarry property as they
appear on the most recent Municipal Tax Map. The boundary lines of
any leased premises, if such premises are only a portion of the entire
tract of the owner.
[9]
Acreage of each quarry property lot to the nearest tenth of
an acre, as well as the total acreage held in all of the quarry properties.
[10]
Block and lot numbers and names and addresses of the owners
of record of all adjacent properties within 200 feet as shown on the
most recent tax list prepared by the Tax Assessor.
[11]
The names, locations and widths of all existing, proposed, or
recorded streets, roads, buildings, railroads, railroad rights-of-way,
high-voltage utility poles, high-tension towers, bridges, culverts,
watercourses, and drainage rights-of-way intersecting the quarry property
or within 200 feet of the quarry property as shown on the most recent
Municipal Tax Map.
[12]
All easements or rights-of-way, whether public or private, on
the quarry property and within 200 feet of the quarry property as
shown on the most recent Municipal Tax Map. The purpose of the easements
or rights-of-way as reflected in the legal instruments establishing
the easements or rights-of-way shall be stated.
[13]
The location of the fifty-foot setback lines from the boundaries
of the quarry property and the location from the setback lines of
any quarried rock slopes, any buildings, equipment, quarry products
or other material erected or stored on the quarry property.
[14]
The location of all wooded areas and existing and proposed buffer
areas within the quarry property. Designation of any vegetation, including
trees, to be altered or removed during the upcoming license period
shall be indicated, along with the reason.
[15]
Existing topographic contours, including all slopes and benches
within the area that has been quarried (all elevations shall be based
upon USC&GS data):
[16]
Location of places on the quarry property where quarrying is
to be conducted during the upcoming license period.
[17]
The anticipated ultimate limits of the quarry operation.
[18]
Proposed final ultimate contours of the land involved and adjoining
lands.
[19]
Location of all actual or proposed stream encroachments and
crossings, watercourses, drainage patterns, culverts, bridges, and
detention ponds within the quarry property.
[20]
Location of all existing structures and their uses within the
quarry property.
[21]
Location of all internal roadways, railroads, railroad rights-of-way,
parking areas showing parking bays, aisles and driveways, high-tension
utility poles, and high-tension towers within the quarry property.
[22]
Location of all loading areas showing size and access within
the quarry property.
[23]
Location of all existing fencing, fencing planned to be constructed
during the upcoming license period, and future fencing and buildings
within the quarry property.
[24]
Location, direction of illumination, power, and type of exterior
lighting, including when the lighting will be used within the quarry
property.
[25]
All means of vehicular ingress and egress to and from the quarry
property onto public streets, showing the design and location of driveways
and curb cuts, including any necessary devices to prevent a hazardous
traffic situation.
(4)
Information describing roads and bridges to be used for access to
the site, including a description of the adequacy of those roads for
heavy truck traffic and any limitations that there might be with respect
to the adequacy of pavement, road shoulders, bridges, and culverts;
however, if the roads and bridges are state or county roads, such
descriptive information need not be provided.
(5)
A copy of each restrictive covenant of every nature, easement or
interest of third parties, existing by deed or otherwise, affecting
the quarry property.
(6)
Where the proposed quarrying operations involve any stream encroachment
or stream crossing during the upcoming license period, a description
and location of any encroachments or stream crossings shall be indicated
along with the anticipated date of application to the regulatory agencies.
(7)
An aerial photo of the quarry property, in sufficient detail to clearly
show the perimeter of quarried areas, benches, improvements, stockpiled
materials, internal roadways, portable equipment, parking areas, and
other major features. The quarry boundaries, buffer zones, and property
limits shall be marked.
(8)
A statement confirming that the most recently approved reclamation
plan is still valid, and that operations during the upcoming license
period will be compatible with it.
(9)
A narrative describing the method of operation and the equipment
to be used in the operation and any anticipated changes in the location
or type of equipment (crushers or screening units) from the last license
application.
(10)
The nature, location and phasing, including an estimated schedule for installation, of a screening plan to minimize the visibility of quarry operations to neighboring residents and persons utilizing adjacent roadways. The screening plan may be shown in the reclamation plan required by § 272-5. The owner or operator shall provide and/or maintain effective visual screening of the quarry operation. In those areas of the quarry where fully effective visual screening is not feasible, the owner or operator shall make every reasonable effort through screening to minimize the visual impact of quarry operations to neighboring residents. The design for such screening/buffer strip shall utilize existing land contours, artificially created berms, natural vegetation on site and plant material not presently on site, all of the above to be supplied and/or maintained by the owner or operator. Elements of the screening, buffer strip design to be submitted shall be as follows:
(a)
In those areas where natural contours of the land provide effective
visual screening, the design shall generally describe existing plant
material, augmented by the planting of evergreen trees to provide
four-season visual and noise barriers, and, if necessary, indicate
methods of preventing erosion through planting of ground cover material.
(b)
In those areas where existing land contours do not in themselves
provide adequate screening, the design shall indicate the use of berms
with plantings, including evergreen trees, to provide effective visual
and noise screening; or, where effective visual screening is not feasible,
to minimize the visual impact of quarry operations.
(11)
An Environmental Impact Statement shall be submitted covering
in detail the following areas:
(a)
Methods and quantitative analysis to ensure that dust limits
established by law are met, including a complete detailed report of
all sources of dust from quarrying and a plan to control dust using
the best available practices and best available technology, including
a description of how dust emanating from stockpiles, roads, equipment,
operations of vehicles, blasting and other sources of dust will be
controlled. The plan must demonstrate that the quarry has made all
reasonable efforts to prevent or minimize the escape of fugitive dust
particles from the property. Copies of the approved Dust Control Plan
required by the state's NJPDES Permitting Program and the Dust
Management Plan required by the state's Air Permitting Program
may be submitted to satisfy this requirement.
(b)
Documentary confirmation that quarrying operations are consistent
with state regulations concerning water quality and quantity, including
for all streams, watercourses and wetlands on the quarry property,
and a description of efforts being taken to provide that water quality
will not be polluted or degraded and are protected from pollution,
siltation and environmentally unacceptable runoff. A copy of the Stormwater
Pollution Prevention Plan required by the state's NJPDES Permitting
program may be submitted to satisfy this requirement.
(c)
Methods, including plans, to ensure that erosion will not occur
and that sediment will not be transported by stormwater runoff. Copies
of the approved Soil Erosion and Sediment Control Plan required by
the county and the Stormwater Pollution Prevention Plan required by
the state's NJPDES Permitting Program may be submitted to satisfy
this requirement.
(d)
A report from a licensed professional engineer that quarrying
operations are consistent with state regulations concerning air emissions
and a description of efforts being taken to provide that air pollution
from quarry operations will be minimized and that no adverse environmental
impacts to the quarry property or adjacent property will occur. A
copy of the approved Emissions Monitoring Plan required by the state's
Air Permitting Program may be submitted to satisfy this requirement.
(e)
A full description of on-site changes anticipated during the
upcoming license renewal period on a site plan with a description
in narrative form describing quarrying and the incidental activities
associated therewith and any reclamation activities.
(f)
A report on the licensee's activities since the last license
application on means undertaken by licensee to reduce noise, dust,
traffic or other environmental impacts that quarrying and quarrying-related
activities may have on the public and properties within 200 feet of
the quarry.
(g)
A copy of all required permit approvals issued by any state,
county or local regulatory agency for the quarry operations shall
be submitted. In addition, if additional permit approvals will be
required during the upcoming license period, then a description of
this shall be indicated and a copy of permit applications shall be
submitted.
(12)
The hours during which the quarry normally will be operated
consistent with this chapter.
(13)
The number of blasts tentatively anticipated during the license
year and their approximate scheduling.
(14)
Applicant shall provide proof of insurance, evidencing comprehensive
coverage (on- and off-site coverage), including the acts of independent
subcontractors or agents, including limits, coverage, and terms, not
less than outlined below:
(a)
Comprehensive general liability. Coverage to be provided, including
all premises, operations, products/completed operations, broad-form
property damage, personal injury, coverage for explosion, collapse,
and underground ("XCU" to be included), limits of liability for property
damage and bodily injury in the amount of $1,000,000 per occurrence
and $2,000,000 annual aggregate. The coverage is to be endorsed to
include per-project and per-location aggregate extension, and an endorsement
adding the Township of Delaware as an additional insured.
(b)
Automobile liability providing coverage for "any auto" that
is or could be the responsibility of the applicant. Coverage shall
provide for the inclusion of a contractual liability endorsement.
Limits of liability for property damage and bodily injury in the amount
of $1,000,000 each occurrence.
(c)
Workers' compensation coverage to provide coverage for all workers
of applicant, providing statutory coverage as required by the State
of New Jersey. Employers' liability limits of not less than $500,000
each accident, $500,000 disease policy limit, and $500,000 disease,
each employee.
(d)
Umbrella excess liability. Coverage to provide a follow form endorsement providing excess liability limits over Subsection C(14)(a), (b), and (c) above. Limits of liability for property damage and bodily injury in the amount of $5,000,000 per occurrence and $5,000,000 annual aggregate. The coverage is to be endorsed to include per-project and per-location aggregate extension, and an endorsement adding the Township of Delaware as an additional insured.
(e)
General conditions.
[1]
All coverage must be provided by companies licensed to do business
in the state of New Jersey, with a minimum rating equivalent to an
A.M. Best rating of A-.
[2]
All policies above shall provide for a waiver of subrogation
in favor of the Township of Delaware.
[3]
All carriers shall agree to notify the Township of Delaware,
in no less than 10 days, of any change of the policies.
(15)
Information describing all written or electronic e-mail complaints
of which the applicant has knowledge filed with the applicant or the
New Jersey Department of Labor as to quarry operations during the
preceding license year. The applicant shall indicate all actions taken
in response to these complaints, including the outcome of any insurance
claims. In addition, information describing any permit violations
or enforcement documents issued by any state, county or local regulatory
agency for the quarry operations shall be submitted along with the
actions taken to correct any violations.
(16)
Certification of proof from the Township Tax Collector that
no taxes or assessments for local improvements are due or delinquent
on the quarry property, or any portion thereof.
A.
Prior to approval of any initial license or when the license is to
be renewed during a period that will encompass a year in which the
Township intends a comprehensive reexamination of its Master Plan,
and has so advised the applicant, the applicant all submit a renewal
application, including a plan for reclamation of the site, to the
Township Clerk. This plan, which shall include all information required
under Section 11-4, shall show the ultimate plans for the quarry site
after quarrying operations have terminated. It shall contain the following
minimal provisions for the safety of the public and for the preservation
of land values, both of the quarry site and of surrounding areas.
It shall also indicate measures to be taken during the quarrying operations
which will progressively fulfill these provisions and the overall
reclamation plan:
(1)
The material involved in all ultimate slopes shall be stabilized,
and no ultimate slope shall exceed the angle of repose for the material(s)
of which it is comprised. Ultimate rock quarry faces may be sloped
in excess of 45° if the following four conditions are met:
(a)
The slopes are benched with benches no less than 20 feet in
width and at heights which the Planning Board finds will provide sufficiently
safe conditions unless the state has approved a variance from these
standards;
(b)
Competent engineering evidence is produced to show that the
material(s) in the face will remain stable at such ultimate angle;
(c)
No portion of any slope shall be less than 30° from the
vertical unless the state has approved a variance from this standard;
and
(d)
A statement of safety precautions to be provided relative to
such slopes is submitted and found sufficient by the Planning Board.
(2)
All ultimate slopes and benches shall be drained in such manner as
to minimize the chances of erosion or sedimentation and all ultimate
slopes and benches shall be planted with rootable plant ground cover
material in sufficient number and size to prevent erosion and sedimentation.
Adequate accessways shall be provided to all benches.
(3)
The top of all ultimate slopes shall set back a minimum of 50 feet
from property lines of the licensed premises.
(4)
Arable soil capable of supporting vegetation shall be retained or
brought upon the premises in sufficient quantity to be distributed
to a minimum depth of four inches over those portions of the premises
which the reclamation plan required to be covered with such arable
soil.
(5)
To the extent practicable, the area where quarrying operations has
already occurred on the site shall be reclaimed prior to the opening
of a new on-site quarrying area, and reclamation procedures shall
be carried on concurrently with quarrying operations.
(6)
Adequate drainage shall exist both during quarrying operations and
after they have been terminated.
(7)
Adequate lateral support slopes and grades abutting streets and adjoining
lands shall exist both during quarrying operations and after they
have been terminated.
(8)
If quarrying has or will reduce the quarried area below the grade
of the lowest adjoining property or road, particular provision shall
be made for the ultimate use of the area below grade.
B.
The reclamation plan shall remain in effect until such time as quarrying
operations are terminated and until the reclamation has been completed
in accordance with the reclamation plan as most recently updated and
approved.
C.
The reclamation plan shall contain a provision that it can and will
be completed within a period of one year after termination of quarrying
operations. This section shall not require completion of filling below-grade
portions of the site with water within such one-year period.
By January 31 of each calendar year, the holder of a current
license shall submit the following information to the Township Clerk:
A.
The location(s) of any vegetation, including trees, to be altered
or removed during the upcoming year, with the exception of any vegetation
to be removed for normal maintenance, shall be indicated along with
the reason.
B.
The location of places where quarrying is to be conducted, including
removal of overburden soil, during the upcoming year.
C.
The location and schedule for installation of any screening and/or
berms required to be installed in the upcoming year.
D.
A summary of all permits and approvals issued by any state, county
or local regulatory agency for the quarry operations that will be
expiring during the upcoming year shall be submitted. The summary
shall include the type of permit and/or approval and the reference
number and the date the permit and/or approval will expire. A copy
of all permits and/or approvals that are renewed during the year shall
be submitted to the Township Clerk within 30 days following the issuance
of the permit and/or approval. In addition, if additional permits
and/or approvals will be required during the upcoming year, then a
description of the type of permit, reason and anticipated date of
application shall be submitted. A copy of all new permits and/or approvals
that are issued during the year shall be submitted to the Township
Clerk within 30 days following the issuance of the permit and/or approval.
E.
A summary of any anticipated changes in the location or type of significant
operating equipment (crushers, screening units, magazines) during
the upcoming year. A map shall also be included indicating the proposed
changes to any locations of such equipment.
F.
Copies of any inspection reports that are issued by any federal,
state, county, or local regulatory agencies during the preceding year
shall be submitted.
G.
Information describing any permit violations or enforcement documents
issued by any federal, state, county or local regulatory agency for
the quarry operations during the preceding year shall be submitted,
along with the actions taken to correct any violations. Copies of
the enforcement documents shall also be submitted.
H.
Information describing any written or electronic e-mail complaints
of which the holder of the current license has knowledge of that were
filed with the quarry operator or with any federal, state, county
or local regulatory agency as to quarry operations during the preceding
year shall be submitted. The current license holder shall indicate
all actions taken in response to these complaints, including the outcome
of any insurance claims.
I.
A report on the license holder's activities since the last license
application on means undertaken by license holder to reduce noise,
dust, traffic, and other environmental impacts that quarrying and
quarrying-related activities may have on the public and properties
within 200 feet of the quarry.
J.
Applicant shall provide proof of insurance, evidencing comprehensive
coverage (on and off-site coverage), including the acts of independent
subcontractors or agents, including limits, coverage, and terms, not
less than outlined below:
(1)
Comprehensive general liability. Coverage to be provided, including
all premises, operations, products/completed operations, broad-form
property damage, personal injury, coverage for explosion, collapse,
and underground ("XCU" to be included), limits of liability for property
damage and bodily injury in the amount of $1,000,000 per occurrence
and $2,000,000 annual aggregate. The coverage is to be endorsed to
include per-project and per-location aggregate extension, and an endorsement
adding the Township of Delaware as an additional insured.
(2)
Automobile liability providing coverage for "any auto" that is or
could be the responsibility of the applicant. Coverage shall provide
for the inclusion of a contractual liability endorsement. limits of
liability for property damage and bodily injury in the amount of $1,000,000
each occurrence.
(3)
Workers' compensation coverage to provide coverage for all workers
of applicant, providing statutory coverage as required by the State
of New Jersey. Employers' liability limits of not less than $500,000
each accident, $500,000 disease policy limit, and $500,000 disease,
each employee.
(4)
Umbrella excess liability. Coverage to provide a follow form endorsement providing excess liability limits over Subsection J(1), (2), and (3) above. Limits of liability for property damage and bodily injury in the amount of $5,000,000 per occurrence and $5,000,000 annual aggregate. The coverage is to be endorsed to include per-project and per-location aggregate extension, and an endorsement adding the Township of Delaware as an additional insured.
(5)
General conditions.
(a)
All coverage must be provided by companies licensed to do business
in the state of New Jersey, with a minimum rating equivalent to an
A.M. Best Rating of A-.
(b)
All policies above shall provide for a waiver of subrogation
in favor of the Township of Delaware.
(c)
All carriers shall agree to notify the Township of Delaware,
in no less than 10 days, of any change of the policies.
A.
Quarries are generally operated on large tracts of land, and, if
not properly managed, can have significant noise, dust, traffic and
environmental impacts. Accordingly, prior to the approval of any initial
quarry license application under this chapter or as part of any comprehensive
Master Plan reexamination conducted pursuant to the MLUL, and subsequent
revisions, if any, of the Township Master Plan, the Planning Board
shall:
(1)
Review the current reclamation plan, and screening, traffic, soil erosion, water quality, water quantity issues, dust control and related site issues in relation to the criteria set forth in § 272-5 of this chapter; and
(2)
After
consultation with the Township Engineer, Environmental Commission,
Shade Tree Commission and quarry operator, advise the Township Committee,
pursuant to N.J.S.A. 40:55D-25b(3), whether the reclamation plan and
operations proposed by the quarry operator meet the conditions of
this chapter, and make such further recommendations as the Planning
Board deems to be in furtherance of the purposes of the MLUL as set
forth in N.J.S.A. 40:55D-2.
B.
The reclamation plan shall be submitted to the Planning Board, which
shall conduct a hearing thereon within 90 days after the filing of
the plan. The Planning Board shall thereafter adopt a resolution containing
its recommendations. This resolution shall be forwarded to the Township
Committee within 45 days following the conclusion of the hearing.
A.
By January 31 of each calendar year, the applicant shall submit a
check of $2,000 to the Township, which shall be deposited by the Township
into a dedicated interest-bearing account against which the applicant
may draw to undertake reclamation activities pursuant to the current
approved plan. If the applicant fails to do those activities required
by the plan in a timely fashion, upon at least five days' notice
to the quarry operator and owner, the Township may use the funds to
undertake such activities or to stabilize portions of that quarry
which may constitute safety hazards.
B.
Each year, the Township Engineer
and the operator shall mutually determine the estimated cost of the
reclamation work to be completed during the ensuing year. To extent
that such costs exceed the amount available in the reclamation fund,
the operator shall be required to post a performance bond to cover
the excess.
C.
When the operator has performed reclamation work with the cost equivalent
amount of the bond, subject to the approval of the Township Engineer,
the bonds shall be discharged. The remaining work will be funded from
the reclamation fund, subject to approval by the Township Engineer.
D.
The Township shall provide the applicant with an accounting statement
on an annual basis. The statement shall indicate all deposits, withdrawals
and interest credited to the account.
To the extent required by § 272-8, the applicant shall submit a performance bond with adequate surety to assure reclamation of the site of operations pursuant to the provisions of § 272-8 above for the ensuing year in accordance with the following standards:
A.
The surety thereon shall be a recognized surety company authorized
to do business in the State of New Jersey and approved by the Township
Committee.
B.
The form of the performance bonds shall be subject to approval by
the Township Committee and shall be in such amount as may be approved
by the Township Committee and subject to the recommendation of the
Township Engineer as to the amount sufficient to guarantee the excess
cost of completion of such portion of the reclamation plan intended
to be completed during the ensuing year.
C.
Semiannual inspections shall be made by the quarry inspector to evaluate
performance of the applicant with respect to reclamation procedures.
A report of his findings shall be submitted to the Township Committee.
D.
At the request of the applicant and subject to the recommendation
of the Township Engineer, the amount of the performance bond shall
be adjusted, provided the basis therefor is substantiated by said
applicant.
A.
With regard to the issuance of any license or the renewal of any
license under this chapter, the Township Committee shall set the matter
down for an advertised public hearing within 180 days of the date
of the receipt of the application, which hearing shall be held by
the Township Committee.
B.
The applicant upon notice of the date of hearing shall notify all
persons within 200 feet of the quarry zone within the time and in
the manner provided by MLUL for notice of development applications.
C.
The Township Committee shall, upon such hearing, give the applicant
an opportunity to be heard and shall determine the matter no later
than 30 days of the conclusion of the hearing.
A.
Each initial or renewal application shall be accompanied by a nonrefundable
license fee of $5,000 to defray administrative overhead and costs
associated with the review, processing and ongoing maintenance of
quarry licenses.
B.
In addition, each initial or renewal application shall be accompanied
by a deposit of $2,500 payable to the Township to establish a deposit
account in favor of the quarry applicant. It is intended through this
escrow deposit that each applicant or licensee shall bear the reasonable
costs of:
C.
In the years that the applicant is notified by the Township that
the Planning Board is conducting its comprehensive Master Plan reexamination
review, the Reclamation Plan shall be accompanied by a deposit of
$7,500 payable to the Township to establish a deposit account in favor
of the quarry applicant. It is intended through this escrow deposit
that each applicant or licensee shall bear the reasonable costs of:
(1)
The engineering, planning, legal, geological and/or other professional
examination of the Reclamation Plan, including attendance at meetings;
(2)
All inspections of the quarry property required as part of the review
of the Reclamation Plan; and
(3)
After the Planning Board has taken action on the Reclamation Plan
and all the professional bills have been paid, any remaining funds
in this escrow deposit account shall be returned to the applicant.
D.
The Township and Planning Board engineer, planner, attorney, geological
consultant and/or other professional consultant to the Township and
the Planning Board shall submit periodic bills to the Township for
services rendered respecting each quarry. Copies of all such bills
shall be simultaneously transmitted to the applicant or licensee for
review, and the applicant or licensee shall have 10 days from receipt
of such bills to raise any objection. If no such objection is received
by the Township within the ten-day period, the Chief Financial Officer
shall debit the respective quarry deposit account for an amount equal
to those bills and send a debit memo to the applicant or licensee.
(1)
When debit exhausts either of the deposit accounts held in favor
of an applicant or licensee, the Chief Financial Officer shall request
the applicant or licensee to make an additional deposit sufficient
to create a credit balance of $2,500, and such payment shall be made
by the applicant or licensee within 10 days from receipt of such request.
Failure to make such deposit after demand therefor shall constitute
grounds for the Planning Board to refuse to recommend approval of
an initial license or any renewal therefor or for the Township Committee
to revoke or suspend a license issued under this chapter.
(2)
If an objection to a bill or bills is made, representatives of the
Township as designated by the Mayor, and the applicant or licensee
shall meet within 10 days of the Township's receipt of the objection
to share information regarding the basis of the bill or bills, and
the basis of the objection. The Township's representatives shall
make a recommendation to the Township Committee regarding the objection
within 10 days of said meeting, and the Township Committee shall take
action upon the objection within 14 days of receiving the recommendation.
The action of the Township Committee regarding the objection shall
be final. Unless otherwise provided by law, or required by contract,
the bill or bills to which an objection is made shall not be paid
until the Township Committee has taken action thereon. The time periods
set forth in this section may be extended by mutual consent.
The office of Quarry Inspector is hereby created and established.
The Quarry Inspector shall be the Township Engineer and shall receive
such compensation for the time he/she reasonably devotes to the work
involved therein as he/she receives for comparable engineering or
inspection work for the Township. The duties of the Quarry Inspector
shall be to conduct a periodic inspection of the licensed premises
in order to determine whether operations are being conducted in accordance
with the application therefor and the terms and provisions of this
chapter, as well as other regulations. Such inspections shall be no
fewer than semiannual and more frequent if, in opinion of the Township
Committee, the public interest requires it. The licensee will be notified
by the Township of any action to consider more frequent inspections.
The Quarry Inspector shall also submit written reports of such inspections
as required by the Township Committee and be placed on file. Any such
reports shall also be furnished to the licensee.
A.
The Quarry Compliance Committee is hereby created and established.
The members of the Quarry Compliance Committee will be as follows:
(1) Township Committee representative; (1) Planning Board representative;
(1) citizen representative living within a one-half-mile radius of
any quarry located within the Township; and (1) quarry representative
from each of the licensed quarries within the Township. Each member
will be appointed on an annual basis commencing each January 1. In
the absence of an interested and willing citizen living within a one-half
mile radius of quarry serving on the Quarry Compliance Committee,
any interested citizen of the Township may be appointed to serve.
B.
The Township Committee and citizen representatives will be appointed
by the Mayor. The Planning Board representative will be appointed
by the Planning Board Chair. The quarry representatives will be appointed
by the quarry operators.
C.
The purposes of the Quarry Compliance Committee are to facilitate
communications and act as liaison between the Township Committee,
the Planning Board and the licensed quarries operating within the
Township and to coordinate and enhance oversight of the quarries in
their efforts to comply with the requirements of this chapter.
D.
The Quarry Compliance Committee will meet at least semiannually to
review the quarry inspection reports and quarry license renewal applications.
It will apprise the Township Committee in writing of its findings
on a semiannual basis. More frequent meetings may be held, as needed,
in order to review possible revisions to this chapter. The Township
Clerk will be notified in advance of any meetings.
A.
Unless otherwise regulated by county, state or federal regulation:
(1)
Quarrying and related operations shall be conducted on weekdays beginning
no earlier than 5:00 a.m. and ending by 9:00 p.m. in an industrial
zone. Quarrying and related operations on Saturdays shall begin no
earlier than 6:00 a.m. and run for only an eight-hour shift in an
industrial zone.
(2)
Quarrying or related operations shall not be conducted on Sundays,
except for emergency equipment maintenance.
(3)
Quarrying or related operations shall not be conducted on New Year's
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving or Christmas
Day.
(4)
The hours and/or days may be extended for quarry-related operations
in order to provide for the trucking of material required by the state
during an emergency. Written notification shall be provided to the
Township Clerk indicting the date, time and reason for the emergency.
(5)
Nothing contained herein shall be deemed to prevent the emergency
maintenance or repair of equipment.
B.
All drilling must be done by wet drilling method or by any other
method of equivalent effectiveness for dust control.
C.
All roads or traveled rights-of-way within the licensed premises
must be treated with water in order to prevent the dissemination of
dust. Water must be applied whenever necessary to limit dust.
D.
Quarrying which will reduce the quarried area below the grade of
the lowest adjoining property or road shall be permitted only in the
I-2 Zone, and then only after a plan of reclamation for such prospective
below grade quarrying has received prior approval pursuant to this
chapter; in all other zones quarrying which will reduce the quarried
area below the grade of the lowest adjoining property or road is prohibited.
No quarrying shall be permitted which will endanger the lateral support
of abutting properties or roads. In the event quarrying or excavation
should result in face slopes in excess of 45°, a minimum leveled
(or natural) buffer area of 50 feet shall be provided between any
quarry boundary line and the commencement of the slope.
E.
In no case shall any quarry products, equipment or other materials
be deposited or stored on any property, public or private, other than
the licensed premises. No buildings, equipment, quarry products or
other material shall be erected or stored within a distance of 50
feet of any quarry boundary line.
F.
A chain-link fence of a minimum height of six feet with normal barbed
wire protection added to the top shall be erected around the perimeter
of the area being quarried and that has been quarried, and all means
of ingress and egress shall be controlled by substantial gates of
similar height, which gates shall be closed and securely locked when
not in actual use. Reasonable variations of fence alignment may be
made in order to accommodate existing natural features and terrain,
thereby making erection of the fence practicable within the boundary
lines of the quarry premises.
G.
Blasting and the use of explosives shall be in conformity with New
Jersey Statutes and regulations and federal regulations where applicable.
The licensee shall notify the office of the Township Clerk at least
24 hours in advance of any scheduled blasting time.
H.
Signs shall be maintained at all entrances and exits of the quarry
property, indicating the name and address of the licensee and that
the business being conducted is a licensed quarry. Signs shall also
be maintained at no greater than two-hundred-foot intervals on the
perimeter fence, warning of the potential hazard of climbing over
the fence.
I.
Where conveyors discharge material of less than one inch in diameter
onto stockpiles of such material, and where the free and uncontained
fall of the material being stockpiled from the conveyor to the highest
point of the stockpile shall exceed a distance of six feet, a high-pressure
water mist spray must be directed onto the material as it falls from
the conveyor to the stockpile in such manner as to reduce the accumulation
and dissemination of dust.
J.
Whenever the quarry property abuts a public street or road, a solid
and continuous landscape screen shall be planted and maintained. The
landscaping shall consist of massed evergreen and deciduous trees
and shrubs of such species and spacing as will provide within five
years of their planting date a solid and continuous screen throughout
the full course of the year. The licensee shall at all times adequately
maintain this landscape screen as well as all other visual screening
shown upon the licensee's approved license applications as a
continuing obligation and as a condition of renewal of the license.
K.
All crushing and processing of quarry materials shall be conducted
by use of wet method of dust control or by local exhaust systems of
equivalent effectiveness.
L.
Provisions shall be made for adequate drainage, soil and sediment
control, point and nonpoint source water and air pollution to best
management practices as defined by the Federal Environmental Protection
Agency and the State Department of Environmental Protection, during
quarrying operations and after termination of same. The licensee shall
obtain all applicable permits from state, county and local regulatory
agencies.
M.
The area of public roads adjacent to the exits must be kept free
of accumulation of mud, dust and stone from the quarry.
N.
The licensee shall be responsible for the prompt removal of any trash,
unused machinery or vehicles or graffiti placed in the quarry, and
shall maintain the licensed premises in a reasonably neat and orderly
condition.
O.
All operations shall be conducted in accordance with applicable law.
All license applications shall be reviewed by the Quarry Inspector
and certified as to whether they comply with the requirements of this
chapter. Licenses shall be valid for a ten-year period and expire
on July 31 of each ten-year period and be renewed every 10 years upon
filing an application therefor in accordance with the standards outlined
above. Initial licenses issued after July 31 of a calendar year shall
expire on July 31 of the following ten-year period. A quarry presently
in operation may, upon filing a renewal application for license as
provided above, continue in operation pending action upon said application
by the Township Committee. Where the approval of or certification
by county, state or federal regulatory agencies or departments is
required, such approvals or certifications shall be attached to the
application before action by the Township Clerk.
After 10 days' notice and an opportunity to be heard, the
Township Committee may revoke or suspend any license issued under
this chapter if it finds that the licensee is violating the terms
or provisions of this chapter.
This chapter shall be enforced by the Township Engineer of the
Township, who shall investigate any violation thereof coming to his/her
attention, whether by complaint or arising from his own personal knowledge.
If a violation is found to exist, he/she shall serve a written notice
by certified mail or personal service upon the owner or person so
designated to accept service of process, but if the owner or person
so designated cannot be served, then upon the person in charge of
the licensed premises. If an owner or person so designated or person
in charge cannot be served, then posting a notice of the violation
in a prominent place upon the premises shall be adequate notice of
the violation. The notice shall require the violation to be abated
within a period of 10 days from the date of service thereof or within
such lesser period of time as the Township Engineer shall deem reasonable
in cases where the danger to public health, safety and general welfare
is so imminent as to require more immediate abatement. If the violation
is not abated within the time specified, the Township Engineer shall
notify the Township Committee and prosecute a complaint to terminate
the violation in municipal court.
