Township of Byram, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Byram 6-1-1998 by Ord. No. 10-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 125.
Licensing — See Ch. 164.
Soil removal — See Ch. 208.
[Amended 9-18-2000 by Ord. No. 15-2000]
It is the intent of this chapter to license and regulate the operation of quarries within the Township of Byram for the protection of persons and property and to preserve the public health, safety and general welfare of the inhabitants of the Township and to ensure that quarrying operations are conducted in such a manner as to create a minimum of annoyance, such as noise, dust, lights, and disturbance to quiet use and enjoyment to owners and occupants of nearby properties, and to ensure that the quarried area shall be suitably and reasonably rehabilitated after quarrying operations have been completed or otherwise terminated.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Person, firm, partnership, association, corporation, company, limited liability entity, or organization of any kind that seeks a license to quarry within the Township of Byram.
LICENSEE
Holder of a license to operate a quarry issued pursuant to this chapter.
OWNER
Owner of property upon which the quarry operation is or will be conducted.
QUARRY
A place where stone, shale or slate is blasted, excavated, transported, sold, recycled, reclaimed, crushed, washed, graded or otherwise processed, and shall further include the mining of sand and soil-type material, except where the removal of such soil is in accordance with a permit issued pursuant to Chapter 208, Soil Removal, of the Byram Township Code, in which event the provisions of that chapter shall take precedence over this chapter.
QUARRYING
Any or all of the following:
A. 
Excavation of stone, shale, slate, sand and/or soil material;
B. 
Primary processing of excavated material through the primary crusher to the surge pile;
C. 
Secondary processing of excavated material on site through secondary crushing, sorting or other processing from the surge pile to finished inventory;
D. 
Sales and shipping in the loading, unloading, transportation and sale of materials excavated and processed on site; and
E. 
Recycling or reclamation of materials from off-site pursuant to a special permit issued by the New Jersey Department of Environmental Protection.
RECLAMATION
Reconditioning of land affected by quarrying operations to restore it, consistent with Chapter 240, Zoning, of the Byram Township Code, to a productive permitted use after termination of quarrying operations, in whole or in part.
RECLAMATION PLAN
A written plan approved by the Township Council for reclamation of the land affected by quarrying operations.
It shall be unlawful for any person to operate a quarry within the Township without first obtaining a license to do so in accordance with this chapter. The Township shall be notified within 10 days in advance if the quarry license is to be assigned. The assignee must satisfy the requirements of this chapter.
[Amended 9-18-2000 by Ord. No. 15-2000]
Application for a license required by this chapter shall be made upon forms provided by the Township Clerk. The original and 10 copies of the license application shall be filed annually and shall be signed and verified by the applicant and shall set forth or be accompanied by the following information:
A. 
Reference to the property by street address, by block and lot as it appears on the Byram Tax Map, and by acreage.
B. 
The zone or zones in which the property is located per the Township's Official Zoning Map.
C. 
The name and address of the applicant, if any individual.
D. 
The name, business and residence address of each partner, if a partnership.
E. 
The name, registered agent and business address, if a New Jersey or foreign corporation, together with the name, residence and business address of the person(s) making application on the corporation's behalf.
F. 
If a corporation, partnership or limited liability company, the name and address of persons or entities who own 10% or greater of the shares of the corporation or interest in the partnership or limited liability company.
G. 
The name and address of the property owner, if different than the applicant. The signed consent of the owner shall be required if the applicant is other than the owner.
H. 
Any legal interest that the applicant, its partners, officers, directors or stockholders has in adjoining property.
[Amended 9-18-2000 by Ord. No. 15-2000]
The following must be submitted in support of the application before it will be reviewed by the Township:
A. 
Legal description of the entire premises for which a quarry license is sought, prepared by a licensed surveyor of the State of New Jersey, and a copy of all restrictive covenants of any nature existing by deed or otherwise burdening the property.
B. 
Map of the portion of the premises for which the quarry license is sought, prepared by a licensed surveyor or engineer of the State of New Jersey. The map shall:
(1) 
Show existing topographical contour lines of the land involved in the five-year quarry plan, together with abutting lands and roads.
(2) 
Show proposed topographical contour grades that will result from the quarrying operation at five-foot intervals for slopes of less than or equal to 30% and ten-foot intervals for slopes of greater than 30% in NGVD Datum. Areas where slopes will be 30% or greater must also be shaded.
(3) 
Be at a scale of one inch equals 100 feet.
(4) 
Show all roads, limits of vegetation, wells, structures, rock outcrops, depth to seasonal high water table (from soil borings) or groundwater elevations from existing wells, brooks, streams and bodies of water on the property involved and within 500 feet of the property.
(5) 
Show the area within 500 feet of any external property line if the quarry plan includes operations within 500 feet thereof.
(6) 
Show all entrances and exits to the tract involved, fences or gates existing or to be erected, buildings and structures existing or to be erected and their use(s), and the location of all equipment.
(7) 
Show the location of all site lighting.
(8) 
All existing easements or rights-of-way on the property as shown on the Tax Map of the Township, whether public or private, with the limits and purpose of the easements or right-of-way stated on the map.
C. 
Five-year quarry plan: quarry plan indicating the contours to be created during the twelve-month license period and during the next five-year period and the anticipated ultimate limits of the quarry operation.
D. 
Manufacturer's specifications for equipment owned or to be used by the licensee in the quarry operation.
E. 
Site lighting: description of site lighting and intended hours of usage.
F. 
Motor vehicles: description of the type and number of motor vehicles expected to travel in/out of the quarry each day of operation.
G. 
Transportation plan: a map and/or description of routes to and from the proposed quarry site to be used in transporting quarried materials.
H. 
Reclamation plan as defined in § 189-6 below, and such maps and other supporting documents as may be required by the Township.
I. 
Analysis of cost of completing reclamation.
J. 
Performance bond as required in § 189-7 below.
K. 
Payment of application and escrow fees per § 189-8 below.
L. 
Operation plan: a narrative description of the quarrying methods and operation which must also satisfactorily address the provisions of § 189-12A, B, C, D, G, K and 0.
M. 
The provisions of N.J.S.A. 40:52-1.2, as the same may be amended from time to time, are applicable to the issuance or renewal of a license under this chapter.
A. 
The written plan shall include:
(1) 
Wherever practicable, provision shall be made for grading of all soil slopes not to exceed a slope of 2 to 1. After the effective date of this chapter, ultimate quarry slopes of competent rock that are in excess of 2 to 1 shall be benched at heights not exceeding 50 feet to permit trimming of faces and removal of loose material. Adequate accessways shall be provided to all working benches.
(2) 
Where topsoil has been removed, provision shall be made for stockpiling and stabilizing the soil on the quarry site to be distributed in areas where quarrying has ceased or been completed. There shall be sufficient topsoil distributed over the premises to a depth (not less than six inches) capable of supporting vegetation or in accordance with standards promulgated by the United States Department of Agriculture, Soil Conservation District. While not required, fill shall be limited to suitable and certified clean material approved by the Township Engineer.
[Amended 9-18-2000 by Ord. No. 15-2000]
(3) 
Where the slope of final contours is such that replacement of topsoil shall be impracticable, it must be planted with rootable plant material in sufficient size and/or sufficient number to minimize erosion. This provision shall not apply to quarry faces in excess of a slope of 1 to 5.
(4) 
Provision shall be made for reasonable portions of the areas of initial or present quarrying operations to be reclaimed prior to the opening of new areas. The Township shall reasonably review and reasonably determine a maximum area that may be disturbed at any one time during the quarrying operation, exclusive of areas used for stockpiling or processing of product(s). The area of disturbance shall be dependent upon the size of the quarrying operation and the size of the property unless the applicant demonstrates that limiting the area of disturbance to a specific number of acres is not possible or that it is not preferable to reclaim acres at that time.
(5) 
Once reclaimed, there shall be no processing or stockpiling in that area. To the extent possible, the reclamation plan shall make provision for simultaneous quarrying and reclamation.
(6) 
Provision shall be made for adequate stormwater management during and after termination of quarrying operations.
(7) 
Provision shall be made for lateral support of slopes and grades abutting streets and lands during and after termination of quarrying.
(8) 
Provision shall be made for preservation of land values and uses of the quarry premises and surrounding areas after quarrying operations have been terminated.
(9) 
Particular emphasis shall be placed upon buffering and screening to protect adjacent properties from the negative effects of the operation of a quarry (noise, dust, lights, etc.).
(10) 
Such other information as may be required to permit the Township to properly review the application to quarry on a particular piece of property. The Township may request additional information when deemed relevant and necessary to make a decision on an application.
B. 
The reclamation plan shall remain in effect until such time as quarrying operations are terminated. It is not required that there be a new reclamation plan submitted with each application, but the applicant may revise or amend the plan from time to time as quarrying operations proceed. To revise the plan, applicant must follow the same procedure as with the original reclamation plan. Township land use ordinances[1] shall apply to any reclamation plan that calls for more than mere stabilization, and an application for the Land Use Board is required.
[1]
Editor's Note: See Ch. 215, Subdivision and Site Plan Review, and Ch. 240, Zoning.
C. 
Reclamation is to be completed within two years of termination of quarrying operations.
D. 
An original of the reclamation plan together with any amendments shall be kept on file with the Township Clerk.
[Amended 9-18-2000 by Ord. No. 15-2000]
The applicant shall submit a performance guaranty with adequate surety to assure reclamation of the site of quarrying operations pursuant to the reclamation plan, in accordance with the following standards:
A. 
Performance bond.
(1) 
The form of the performance bond shall be subject to the approval of the Township Attorney.
(2) 
The amount of the performance bond shall be determined by the Township Engineer calculated upon the information submitted by the applicant to be 120% of the cost of reclamation.
(3) 
The surety shall be a recognized surety company authorized to do business in the State of New Jersey and approved by the Township Council. In lieu of a corporate surety, the applicant may assign to the Township a savings account in the amount of the bond and in such form as approved by the Township Attorney.
B. 
In lieu of a performance bond, the Township may permit the applicant to deposit cash in an amount to be determined based upon new acreage to be quarried during the twelve-month license period. The funds will be held in escrow subject to an agreement between the Township and the licensee. All accrued interest will remain in the escrow account. Once posted, the funds will only be released in accordance with Subsection C (below) or if replaced by an adequate performance bond per Subsection A (above).
C. 
The performance guaranty shall remain in full force and effect during the entire period that quarrying operations are conducted and until completion of reclamation after the completion or termination of those operations. The licensee shall post a maintenance bond in the amount of 5% of the cost of reclamation to cover the period of two years after the completion of reclamation.
[Amended 9-18-2000 by Ord. No. 15-2000; 2-4-2008 by Ord. No. 2-2008]
A. 
Application fees shall be as set forth in Chapter A287, Fees.
B. 
An escrow fee shall be established as set forth in Chapter A287, Fees, to be used by the Township to cover the cost of review of the application and all inspections required by this chapter. The applicant will be responsible for the payment to the Township officials of all inspection and review fees at their posted current rates. The applicant shall replenish the escrow account to the required balance within 30 days of being advised that the balance in the account is $2,500 or less. The applicant will pay all bills for fees and costs within 30 days of receipt of a bill from the Township. Any funds remaining in the escrow after completion of all inspections and review of the application or expiration of a quarry license, whichever is applicable, shall be returned to the applicant without interest.
[Amended 9-18-2000 by Ord. No. 15-2000]
A. 
Application review. All license applications shall be referred by the Township Clerk to the Township Engineer and Township Planner for review, and both will certify as to whether it complies with the requirements of this chapter. The Township Engineer and Township Planner shall each make a report and recommendation on the application to the Township Council within 30 days.
B. 
Inspections. The Township Engineer is hereby designated as quarry inspector to conduct inspections of the quarry property in conjunction with an application for a quarry license, as well as to determine whether operations are being conducted in accordance with this chapter and the terms of any existing quarry license.
C. 
Consultants and experts. With Council approval, the Township Engineer may retain such additional consultants and experts as he/she deems appropriate to review the license application and/or conduct inspections.
A. 
After receiving the reports of the Township Engineer and the Township Planner, the Township Council shall determine whether the application meets the requirements of this chapter and, if so, shall issue a license to operate a quarry in the manner set forth in the application.
B. 
Each application shall be acted upon by the Township Council within 60 days from the date of filing. If not acted upon within that time, any existing license shall continue in full force and effect until the renewal application is acted upon by the Council.
C. 
During review and/or hearing(s) regarding the license application, if the Council determines that additional information is needed it shall be submitted by the applicant within 30 days.
[Added 9-18-2000 by Ord. No. 15-2000]
D. 
A quarry license shall be effective upon approval by the Township Council. Approval or renewal of a quarry license by the Council shall not constitute approval of any item or matter that may require separate review and approval by the Planning Board or any other municipal, county, state or federal body or agency.
[Amended 9-18-2000 by Ord. No. 15-2000]
Licenses shall expire on December 31 of each year and may be renewed annually by filing an application therefor in accordance with the standards set forth herein. Applications to renew a quarry license shall be filed with the Township by October 1 of each year. A quarry presently in operation may, upon filing an application for license as provided herein, continue in operation pending action upon the application by the Township Council.
[Amended 9-18-2000 by Ord. No. 15-2000]
A. 
Hours of operation:
(1) 
Blasting may be conducted between the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday, in compliance with state regulations.
(2) 
Excavation and primary processing, as defined in § 189-2, Quarrying, may be conducted between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, and between the hours of 6:00 a.m. and 5:00 p.m. on Saturdays.
(3) 
Secondary processing, as defined in § 189-2, Quarrying, may be conducted between the hours of 6:00 a.m. and 10:00 p.m., Monday through Friday, and between the hours of 6:00 a.m. and 5:00 p.m. on Saturday.
(4) 
Sale and shipping of excavated materials may be conducted at any time, except as precluded by Subsection B below.
B. 
Holidays. All quarrying operations are prohibited on the following holidays:
(1) 
New Year's Day;
(2) 
Memorial Day;
(3) 
Independence Day;
(4) 
Labor Day;
(5) 
Thanksgiving Day; and
(6) 
Christmas Day.
C. 
Drilling must be by the wet drilling method or by a method equivalently effective for dust control.
D. 
Roads and traveled rights-of-way within the licensed quarry premises must be treated with water or calcium chloride to reduce the accumulation and dissemination of dust between March 1 and November 15 of each year. Calcium chloride must be applied at least once every 10 days at the rate of approximately 1.5 pounds per square yard. If water is used to control dust, it must be placed a minimum of three times in every 10 days unless the Township Engineer directs otherwise.
E. 
Drainage. Quarrying must be performed in such a manner that:
(1) 
There is a natural gravity runoff of all drainage.
(2) 
Permanent impoundment of water or excavation below grade only occurs subject to requirements for settling basins and/or stormwater management basins in accordance with an approved plan.
(3) 
Provides for lateral support of slopes and grades of abutting street and lands during and after termination of quarrying.
(4) 
There is a minimum of four feet of rock and soil above the seasonal high water table (there cannot be a hydrologic connection between the quarrying operation and the seasonal high water table).
F. 
Buffers shall be required as follows:
(1) 
A buffer of 100 feet between the disturbed area, including roads, and any surrounding property not in common ownership with the property being quarried;
(2) 
The buffer shall be left in its natural state;
(3) 
If the buffer area has already been cleared, it shall be landscaped in accordance with Subsection L below with a solid and continuous screen of plants, shrubs and trees or a solid and continuous earthen berm 10 feet high, planted with appropriate vegetation;
(4) 
Where an existing building or stockpile is closer than 100 feet to an external property boundary, a buffer of 1/2 the distance between the building and the boundary shall be required, which buffer shall comply with the requirements of § 189-12F(3) and L; and
(5) 
A one-hundred-foot buffer must be established before subdivision or sale of any contiguous property under common ownership with the quarried property.
G. 
Quarry products, equipment and materials may not be deposited or stored on any public or private property or road other than the licensed premises.
H. 
Setbacks. Building, structures, equipment, quarry product or other material must be 200 feet or more from an external property line where neighboring properties are in a residential zone and 200 feet when not in a residential zone, except to the extent already existing prior to enactment of this chapter. This restriction shall not apply to contiguous land owned by the quarry unless it is subdivided, at which time the appropriate one-hundred-/two-hundred-foot buffer must be established.
I. 
Fencing and gates. A chain-link fence at least six feet in height must be erected or maintained along Route 206 and Lackawanna Road where public access can easily be made. All means of ingress and egress shall be controlled by substantial gates of similar height, which shall be closed and securely locked when not in actual use. Reasonable variations in fence alignment may be made along the perimeter in order to accommodate existing natural features and terrain, thereby making erection of the fence practicable within the external boundary lines of the quarry premises. An OSHA-approved orange or yellow construction safety fence at least four feet in height and warning signs shall be installed and periodically relocated above the quarry working face to deter pedestrians.
J. 
Sign. A sign at each entrance/exit shall indicate the name and address of the licensee, and that the business being conducted on the premises is a licensed quarry operation.
K. 
Dust control.
(1) 
Where a conveyor is used for the free and uncontained discharge of material less than one inch in diameter a distance of six or more feet onto a stockpile of such material, a high-pressure water mist must be applied to the stockpile to reduce the accumulation and dissemination of dust.
(2) 
Crushing and processing of materials must be conducted by use of a wet method of dust control of by local exhaust systems of equivalent effectiveness.
(3) 
Operations shall comply with all federal, state, county and local, air and water pollution, odor and dust statutes, regulations, resolutions and ordinances.
L. 
Landscape screen. Wherever the licensed premises abuts a public street or road, a solid and continuous landscape or natural screen or earthen berm with appropriate vegetation shall be planted and maintained. The landscaping shall consist of such massed evergreen and deciduous trees and shrubs or similar natural vegetation as will provide a solid and continuous screen throughout the year. All dead or dying plants, trees and/or shrubs shall be replaced on a regular basis with a suitable live plant, tree or shrub.
M. 
Stockpiling of material is prohibited in any area which has been reclaimed.
N. 
Production of asphalt, concrete or cement is not permitted.
O. 
A copy of the following shall be maintained at the quarry office and available at all times for review by the quarry inspector: Sussex County Soil Erosion and Sediment Control Plan, records of truck trips, blasting records, NJDEP and other permits, notices of violation and penalty assessments relative to operation of the quarry.
P. 
The Township Engineer shall make periodic inspections, not less than once per quarter, to evaluate the applicant's performance with respect to the conditions of the license. The Township Engineer shall submit a report of his/her findings to the Township Council within 14 days of each inspection.
Q. 
Notice of blasting: Written or verbal notice shall be given at least 24 hours and one hour prior to the proposed detonation to the Township Clerk, Township Police Department and the Township Superintendent of Schools on each occasion when blasting is to be conducted. In addition, verbal notification shall be given at least 24 hours and one hour prior to detonation to any resident within 500 feet of the quarry property line who has filed a written request to be notified with the quarry operator. A copy of any written claim of damages due to blasting shall be filed with the Township Clerk within 10 days of its receipt by the quarry operator, and the results of the inspection(s) of the claim shall be filed within 30 days.
R. 
Removal of vegetation: No trees or other vegetation shall be removed from the quarry property unless designated for removal in the license application.
S. 
Strobe lights: Strobe lights shall be used on all quarry equipment instead of backup alarms to the maximum extent practical and permitted by law.
T. 
Upon each application for a license, the Township and licensee shall review issues incidental to quarrying, such as noise, blast monitoring, ground vibration limitations for blasting, sound mitigation, as well as the handling of any citizen complaints that may be received, and any agreement to address or abate the conditions shall be incorporated into a separate written agreement. The Council may include compliance with such agreement as a condition of approval of the license.
A. 
The Township Engineer or Planner may enforce the provisions of this chapter, and each may, in his or her discretion, issue a written order of abatement prior to issuance of a violation, pursuant to which any alleged violation must be abated within 10 days. The written order of abatement shall be served by hand delivery to the quarry premises or by regular and certified mail.
B. 
If the enforcement officer issues a violation, the matter shall be heard in the Municipal Court. A person or entity which pleads or is found guilty of violation of any provision of this chapter shall pay a fine not to exceed $1,000 for each violation. Each day that a violation continues shall be considered a separate and distinct violation.
C. 
The enforcing officer shall make a report to the Township Council of any violation of the provisions of this chapter.
A. 
The Township Council may suspend or revoke any quarry license if it finds that there has been a repeated or significant violation of a material term or provision of this chapter or the license or an applicable statute of the State of New Jersey. Before suspending or revoking a license, the Township Council shall give the licensee 10 days' written notice specifying the grounds upon which the license is proposed to be suspended or revoked and an opportunity to be heard; and
B. 
A license may be suspended or revoked when the licensee who is an owner of the property upon which the quarry operation is or will be conducted has failed to pay the taxes due on the property for at least three consecutive quarters. Upon payment of the delinquent taxes or assessments, the license shall be restored.