Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #517, § 1; Ord. #860, § 1; Ord. #1515, 12-27-2001, § 1, amended; Ord. #1638, 5-27-2003, amended]
It is the intent of this section to license and regulate quarries for the protection of persons and property; for the preservation of the public health, safety and welfare of the Township of Bernards and its inhabitants; and to insure that quarrying operations shall be conducted in such a manner as to create a minimum of annoyance from noise, blasting and dust to nearby owners or occupants of property; to provide for the safety of persons, particularly children; to insure that quarried areas shall be suitably and reasonably rehabilitated after quarrying operations have been completed or otherwise terminated; to protect the environment by minimizing air pollution, prevent surface and subsurface water pollution; and further to alleviate to the extent practicable the adverse effects of truck traffic.
[Ord. #517, § 2; Ord. #741, § 1; Ord. #790, § 1; Ord. #860, § 1; Ord. #1515, 12-27-2001, § 1, amended Ord. #1638, 5-27-2003, amended]
As used in this section:
LICENSEE
Shall mean the holder of a quarry license issued pursuant to this section.
MAINTENANCE
Shall mean the repair or reconstruction of equipment on the quarry property. "Maintenance" shall include the operation of equipment which has been repaired or reconstructed where such operation is solely for testing and is accomplished without the introduction of stone or other quarry material into the equipment and without the processing of any quarry product.
PERSON
Shall mean and include any natural person, firm, partnership, association, corporation, company or organization of any kind.
QUARRY
Shall mean and include a place where stone, slate, or other natural mineral resources are blasted, excavated, crushed, washed or graded, for use on or off of such place. "Quarry" shall also mean to perform the act of quarrying.
QUARRY OPERATOR
Shall mean the person that conducts the quarrying operations.
QUARRY OWNER
Shall mean the person who owns the quarry property on which quarrying operations are conducted.
QUARRY PROPERTY
Shall mean and include all real property upon which a quarry is located, as well as all real property contiguous thereto in the same ownership.
QUARRYING
Shall mean any of the following:
A. 
The operation of a quarry; or
B. 
The business of conducting a quarry; or
C. 
The sale or shipping of excavated material from a quarry located in the township; or
D. 
The operation, including warm-up, of equipment used in the operation of a quarry.
[Ord. #517, § 3; Ord. #790, § 2; Ord. #860, § 1; Ord. #1638, 5-27-2003, amended]
It shall be unlawful for any person to conduct the business of quarrying within the township without first having obtained a license in accordance with the requirements of this section. A property owner may excavate stone or slate from his property without a license where such excavation or removal is an isolated or casual incident if the property owner receives advance permission from the Township Engineer.
[Ord. #517, § 4; Ord. #741, § 1; Ord. #860, § 1; Ord. #1515, 12-27-2001, § 1, amended; Ord. #1638, 5-27-2003, amended]
Applications and accompanying documents for licenses required by this section shall be submitted in paper form, and in digital form which is suitable for entry into township CAD and GIS systems. The application shall be signed and verified by the applicant, and shall set forth or be accompanied by the following information:
a. 
The name, business address and residence address of the applicant, if an individual; the name, residence and business address of each partner, if a partnership; the corporate name, date and state of incorporation, and name, business address and residence address of each officer and stockholder, if a corporation; and the name, business address and residence address of each plant officer, plant manager and plant engineer. If a corporation is not incorporated in the State of New Jersey, the applicant shall state whether the corporation is authorized to do business in the State of New Jersey. If a corporation has any stockholder which is a partnership, the applicant shall state the name, business address and residence address of each partner of each stockholder. If a corporation has any stockholder which is a corporation, the applicant shall state the name, residence address and business address of each officer of each stockholder.
b. 
The name, business address and residence address of each owner of the quarry property. If the applicant is not the sole owner, written consent of each owner must be furnished.
c. 
Three prints and one reverse sepia of a plot plan encompassing the requirements set forth in Paragraph d below and a detailed narrative as required by Paragraph e below. Plot plans will also be submitted in digital form, suitable for entry into township CAD and GIS systems.
d. 
A plot plan of the quarry property, prepared by an engineer or land surveyor licensed in the State of New Jersey, showing the entire tract and including the following:
1. 
The submission shall be at a scale of one inch equals 100 feet, except that if a larger scale is required to show specific areas and details, supplemental maps shall be included at the larger scale. If one sheet is not sufficient to contain the entire property and surrounding area as required by this paragraph, the map shall be divided into sections shown on separate sheets of equal size, with reference on each sheet to the adjoining sheets.
2. 
A key map showing the quarry property and its relation to the surrounding areas at the scale of one inch equals not less than 2,000 feet.
3. 
Title block showing:
(a) 
Name of quarry, municipality and county.
(b) 
Name and address of operation.
(c) 
Scale.
(d) 
Date of preparation.
(e) 
Name, address, signature and license number of the preparers.
4. 
Graphic scale.
5. 
Revision box.
6. 
All boundary lines with lengths of courses to 100th of a foot and bearing to one half minutes, the error of closure not to exceed one to 10,000. The boundary lines shall be in the New Jersey Coordinate System.
7. 
Any municipal boundaries within 200 feet of the quarry property and the names of adjoining municipalities.
8. 
Zone boundaries.
9. 
Existing block and lot number(s) of the quarry property as they appear on the Municipal Tax Map.
10. 
Block and lot numbers and names and addresses of the owners of record of all properties within 200 feet of the quarry property as shown on the most recent tax list prepared by the Tax Assessor.
11. 
Acreage of the quarry property to the nearest tenth of an acre.
12. 
The names, locations and widths of all existing or recorded streets, watercourses and drainage rights-of-way intersecting the quarry property or within 500 feet of the quarry property as shall be shown on the Municipal Tax Map.
13. 
All streets, existing or proposed, within 500 feet of the quarry property, as shown on the Official Map, the Master Plan or the Municipal Tax Map.
14. 
The location of all buildings, railroads, railroad rights-of-way, bridges, culverts, drainage, utility poles, high tension towers, and watercourses within 500 feet of the quarry property.
15. 
All easements or rights-of-way, whether public or private, within 500 feet of the quarry property. The purpose of the easements or rights-of-way shall be stated.
16. 
All public property within 500 feet of the quarry property. The uses of the public property shall be stated.
17. 
For the quarry property itself, the information required in Subparagraphs d14 and 15 above.
18. 
A copy of each restrictive covenant of every nature, existing by deed or otherwise, affecting the quarry property.
19. 
The location of wooded areas within the quarry property and within 500 feet of the perimeter of the quarry property.
20. 
Existing contours, at two-foot intervals for slope of less than 30% and at ten-foot interval for slopes of greater than 30% for the quarry property and the area within 500 feet of the perimeter of the quarry property. All elevations shall be based upon USC & GS data.
21. 
Location of all existing structures and their uses.
22. 
Location of all internal roadways.
23. 
Location of all parking areas showing parking bays, aisles, etc.
24. 
Location of all noise suppression devices.
25. 
Location of all loading areas showing size and access.
26. 
Location and size of all signs.
27. 
Location of all existing fencing, fencing to be constructed during the twelve-month license period and future fencing.
28. 
Location, direction of illumination, power, and type of exterior lighting, including when the lighting will be used.
29. 
Existing and proposed buffer areas, including detailed screening and landscaping plans.
30. 
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.
31. 
Plans and computations for handling stormwater discharge from the quarry property based upon a twenty-five-year design storm and the method(s) to be used to prevent additional runoff from occurring.
32. 
A soil sedimentation and erosion control plan for the quarry property.
33. 
The anticipated ultimate limits of the quarry operation.
34. 
The contours to be created by the quarry operation during the twelve-month license period and during the next three-year period.
35. 
Confirmation of any prior estimate of the remaining life of quarrying operations, or a new estimate with supporting data and analysis.
36. 
Designation of any vegetation, including trees, to be altered or removed from the quarry during the twelve-month license period and in the future. Areas of vegetation, rather than individual trees or other forms of vegetation, may be designated as long as the vegetation contained in the areas are reasonably described.
37. 
The area of public roads adjacent to the exits which must be kept free of accumulations of dust from the quarry pursuant to Subsection 4-9.9.
38. 
The application shall include a statement confirming that the most recently approved rehabilitation plan is still valid, and that operations during the license year will be compatible with it.
39. 
The quarry operator shall continue to seek and implement ways for reducing any detrimental impacts that quarrying may have on the public. It shall report on its progress in each license application.
40. 
The application shall include a detailed plan and report setting forth methods to prevent, control and ensure that contaminated or environmentally unsound fill material is not imported into and onto the quarry property.
[Ord. #2001,[1] § 1, 2-26-2008, added]
[1]
Editor's Note: This ordinance also provided that its provisions shall apply retroactively to 1-1-2008, including the increase in escrow fees and quarry license requirements for 2008.
e. 
An environmental impact statement shall be submitted covering in detail the following areas:
1. 
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:
(a) 
Blasting;
(b) 
Crushing;
(c) 
Operation of quarry owned or operated vehicles on-site;
(d) 
Loading of trucks;
(e) 
Loading of railroad cars;
(f) 
Maintenance operations;
(g) 
Administrative operations.
2. 
Materials to be quarried, anticipated sales (by unit) and previous year's sales (by unit).
3. 
Total traffic generated by the quarry, including, but not limited to, passenger vehicle arrivals and departures, truck arrivals and departures, and rail arrivals and departures, all by the time of day and points in ingress and egress.
4. 
An expert report that the noise limits set forth in this section are not exceeded, including a complete detailed report of all efforts being taken to reduce both the noise and vibration created by blasting.
5. 
Documentary confirmation that state water quality requirements are met and a description of efforts being undertaken to provide that water quality will not be decreased and that the quantity of stormwater runoff will not be increased.
6. 
Methods (including plans) to insure that erosion will not occur and that sediment will not be transported by stormwater runoff.
7. 
Summary of all complaints, verbal or written, received during the preceding 12 months and the action taken concerning each complaint.
8. 
A written report describing the location of all noise suppression devices, detailing the devices and the anticipated effect.
9. 
Documentary confirmation that state air emissions requirements are met and a description of efforts being undertaken to provide that dust emissions to adjacent properties are controlled, including a complete detailed report of all sources of dust from quarrying, and a plan to control dust consistent with applicable state requirements, which includes a description of how dust emanating from stockpiles, roads, equipment, operation 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 by complying with the aforementioned plan to control dust.
10. 
Documentary confirmation that quarrying operations are consistent with NJDEP regulations concerning water quality and quantity, and a description of efforts being taken to provide that water quality will not be polluted or degraded and that the quantity of any stormwater runoff off-tract will not be increased and stormwater quality will not be degraded.
11. 
A report from a qualified hydrogeologist that quarrying operations are consistent with NJDEP regulations concerning water quality of streams, watercourses and wetlands on the quarry property and adjacent to the quarry property and a description of efforts being taken to provide that all streams, watercourses and wetlands on the property and adjacent to the quarry are protected from pollution, siltation, and environmentally unacceptable runoff.
12. 
A report from a licensed professional engineer that quarrying operations are consistent with NJDEP 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.
13. 
A full description of on-site changes anticipated during the next 12 months on a site plan with a description in narrative form describing quarrying and reclamation activities.
14. 
Section 4-9.11 herein shall govern any violations of this section.
[Ord. #517, § 5; Ord. #741, § 1; Ord. #860, § 1; Ord. #1117; Ord. #1515, 12-27-2001, § 1, amended; Ord. #1638, 5-27-2003, amended]
a. 
Rehabilitation Plan.
1. 
Purpose. Rehabilitation may begin while quarrying is conducted in accordance with the most recently approved and still valid rehabilitation plan, and it shall be completed after quarry operations cease. The purpose of rehabilitation is to return the quarry property to conditions, that are permitted by the Township Zoning Ordinance, that do not endanger the health and safety of the public, and that do not endanger natural resources such as groundwater and soil erosion. The purpose of the rehabilitation plan (also known in this section as the "plan") is to describe these conditions, how and when they will be met, and the costs to meet them.
2. 
Initial Rehabilitation Plan. Prior to approval of an initial license application, a plan for rehabilitation of the quarry property, including the data required under Subsection 4-9.4, shall be submitted as part of the application and referred to the Planning Board for review and making a report to the Township Committee. If the quarry owner and quarry operator are different persons, as defined in this section, then both shall join in the application for the rehabilitation plan, and they shall be jointly responsible for the implementation of the approved plan. The Planning Board shall schedule a public hearing on the plan for rehabilitation no more than 60 days after receipt of the plan. The applicant shall give notice as provided in Subsection 21-6.6.c of the Revised Land Use Ordinances of the Township of Bernards. The Planning Board shall review the rehabilitation plan to ensure consistency with each and every provision of Subsections 4-9.4 and 4-9.5, including environmental, health, safety and other factors effecting the public welfare. The Planning Board shall conduct the hearing and follow regular practices used for development applications. These shall include testimony under oath and the opportunity for members of the public to question witnesses and submit testimony. Members of the Township Committee who are also members of the Planning Board may participate in this hearing as members of the Planning Board. The Planning Board shall pay particular attention to the evidence and testimony supporting the feasibility of the plan. In the course of the hearing, the Planning Board may recommend changes in the plan, and the applicant may agree to these and amend the plan accordingly. The Planning Board shall submit a report to the Township Committee within 45 days after completion of the hearing on the plan. The report will include its findings and recommendations. These will include but not be limited to deficiencies it may find in the plan and recommendations for changes in the plan. If the Planning Board determines that a final decision on a rehabilitation plan should be postponed, the Planning Board may recommend to the Township Committee that an interim rehabilitation plan be accepted. Any interim plan shall include the posting of security for rehabilitation in accordance with Subsection 4-9.6.
3. 
Alternative or Revised Rehabilitation Plan. The applicant shall submit an alternative or revised rehabilitation plan within 60 days of application submittal, if the quarry or property owner has submitted a land use development application that would, if approved, result in a change or revision to the last approved and still valid rehabilitation plan. An alternative or revised rehabilitation plan shall be reviewed by the Planning Board and approved by the Township Committee in the same manner as an initial rehabilitation plan.
The Planning Board and Township Committee may retain a qualified hydrogeologist or other licensed professional with experience and expertise in quarry rehabilitation to assist in review of the rehabilitation plan. The fee for such experts shall be charged to the quarry license holder pursuant to the escrow standards in Subsection 4-9.7.
4. 
Required Review and Renewal of Rehabilitation Plan. Approval of every rehabilitation plan shall expire on the third anniversary of its approval, and a revised rehabilitation plan shall be submitted not less than six months before the expiration of the rehabilitation plan. The revised rehabilitation plan shall be reviewed by the Planning Board and approved by the Township Committee in the same manner as an initial rehabilitation plan.
5. 
The Township Committee shall review the report from the Planning Board. It may then approve the rehabilitation plan, it may approve it with changes with the agreement of the applicant, or it may reject the plan and state its reasons. If it approves the plan, it will at the same time establish the security that will be required and the form it will take.
b. 
Minimum Contents of Rehabilitation Plan. Every rehabilitation plan shall include the following at a minimum:
1. 
That the quarry property be made reusable for a use or uses permitted by the township Zoning Ordinance.
2. 
That the quarry property shall be brought to a final grade by a layer of earth two feet in thickness or its original depth, whichever is less, capable of supporting vegetation, unless a different depth is approved in the rehabilitation plan. Measures to prevent erosion and earth slides shall be described in detail for both the short and long term.
3. 
That all fill be of a suitable material approved by the Township Engineer.
4. 
A grading plan based on ten-foot contour intervals.
[Ord. #2011, § 1, 5-13-2008, amended]
5. 
That the quarry owners provide adequate security for the completion of the rehabilitation, as required by Subsection 4-9.6.
6. 
A calculation shall be prepared by a licensed professional engineer to determine the existing availability of fill material to provide the cover required in Subparagraph b2 above.
7. 
A cost estimate shall be prepared by a licensed professional engineer to establish the costs associated with the proposed rehabilitation plan.
8. 
The plan shall contain an estimate for the date on which quarry operations will cease and the basis for this estimate.
9. 
Rehabilitation steps may begin during the time when quarrying is being done. The balance of the plan that remains when quarry operations cease may be carried out in a single stage, or this may be done in multiple stages to accommodate changing conditions, such as water accumulating in the pit. If so, the plan shall describe each stage. Each step in each stage of the plan shall be described in such precise detail that the feasibility of each step, and the cost for implementing each step, may be determined. The plan shall set forth the cost estimate for each step and the basis for the estimate.
10. 
The plan shall describe each projected source and sink of water and estimate the annual volume of flow into or out of the pit for each source and sink. These sources and sinks shall include but not be limited to precipitation, groundwater, including groundwater through cracks or pores in rock walls, and evaporation. The plan shall include a model, including topographic maps, that projects the filling of the pit over five-year intervals until a stable level is reached, and shall identify projected water level at each five-year interval and at the stable level.
11. 
The plan will identify and assess potential impact on water quality resulting from completed quarrying operations.
12. 
The plan shall describe the projected quality of the water in the pit for each five-year interval and at the projected final level.
13. 
The plan shall identify the potential risks to health and safety, to humans and to the natural environment, that may obtain at each projected five-year interval and at the projected final level of water in the pit, and shall describe the measures that will be taken to manage and reduce any such risks. The plan shall also identify potential risks to human health and safety that may be associated with step cuts in the quarry walls and/or cliff edges on the quarry walls, and shall describe the measures that will be taken to manage and reduce any such risks.
14. 
The plan shall evaluate risks from falling rock and shall, where appropriate, describe efforts that will be taken to reduce such risks.
15. 
The plan shall suggest appropriate final uses for the quarry property, based on conditions projected to obtain at each five-year interval and at the stable level of water in the pit.
16. 
All the above estimates and projections shall be supported by reports and testimony of expert witnesses.
17. 
The rehabilitation plan shall contain an environmental impact statement (EIS). A copy of the submitted rehabilitation plan and EIS shall be forwarded to the Environmental Commission for its review and comment. The Commission shall submit a report on its findings and recommendations to the Planning Board prior to the hearing on the plan, and members may testify at the hearing and cross examine witnesses.
18. 
The rehabilitation plan will identify any anticipated environmental remediation which may be required, and the cost estimate identified in Subparagraph 7 above will include the cost of any such remediation.
19. 
All plot plans topographic maps will also be submitted in digital form, suitable for entry into township CAD and GIS systems.[1]
[1]
Editor's Note: Former Subsection 4-9.5b20, Temporary moratorium, added 3-25-2008 by Ord. #2008, § 1, which immediately followed this paragraph, was repealed 7-15-2008 by Ord. #2024, § 1.
c. 
Schedule for Rehabilitation. The approved rehabilitation plan shall contain an estimated time line for doing the work, starting with the date of termination of quarry operations. A single stage rehabilitation plan, or the first stage of a multistage plan, must be commenced during the first year following the expiration of the last operating license.
d. 
Remedy for Delay in Rehabilitation. If the responsible person(s) do not implement the rehabilitation plan in accordance with the schedule in the approved plan, and there is a delay of more than 12 months, then the township may undertake the rehabilitation using the security provided under Subsection 4-9.6. The Township Committee may permit extensions of the rehabilitation plan where proven reasonable and appropriate.
[Ord. #517, § 6; Ord. #741, § 1; Ord. #860, § 1; Ord. #1117; Ord. #1515, 12-27-2001, § 1, amended; Ord. #1638, 5-27-2003, amended]
a. 
Estimate of Costs. The Township Engineer or other expert retained by the Township shall estimate the costs for implementing the rehabilitation plan through all its stages, or he shall review and confirm the estimates provided by the applicant.
b. 
Required Security. Prior to the approval of any new or renewal license application, the applicant shall agree in writing to rehabilitate the quarry property and shall provide security sufficient to adequately assure the ability to comply with the rehabilitation plan, all in accordance with the provisions of this chapter. This security shall be adequate to implement the rehabilitation plan at any time during the period, which starts with the date of plan approval and ends with the date that quarry operations are expected to cease. Except for the mandatory cash escrow deposit, the applicant may select one or more of the forms of security enumerated in Subparagraphs b1 through 4 below. The Township Committee must approve the form of security selected by the applicant.
1. 
A Cash Escrow Deposit with the Township. The security for rehabilitation of a quarry shall always include a minimum of $50,000 cash. Every such cash escrow account shall be deposited in the name of the township in an approved township depository; be deposited in interest-bearing investments, the interest to accrue to and become a part of the escrow account; be deposited in an account separate from any other funds; and be designated "(name of quarry) Rehabilitation Plan Escrow" or some substantially similar phrase. The township shall consult with the quarry regarding the type and location of escrow account investments prior to establishing or changing an account, but the township shall not be obliged to accept the quarry's recommendations.
2. 
A Performance Bond with Adequate Surety. The form and amount of the performance bond shall be approved by the Township Committee. The surety shall be authorized to do business in the State of New Jersey and approved by the Township Committee.
3. 
A performance bond secured by a mortgage, if acceptable to the Township Committee. The form and amount of the performance bond and mortgage shall be approved by the Township Committee.
4. 
A performance bond secured by pledge of the applicant's assets, if acceptable to the Township Committee. The form and amount of the performance bond and the form, type and extent of the pledge of assets shall be approved by the Township Committee.
c. 
Review of Security. The adequacy of the security shall be reviewed by the Township Committee every 12 months. After its review, the Township Committee may permit the security to remain unchanged, may require an increase in security, or may permit a partial release or refund in security.
d. 
Exchange of Partial Release or Refund of Security. The Township Committee may at any time permit the exchange of one form of security for another, or a partial release or refund of security, if the Township Committee is satisfied that after the exchange, partial release or refund the security will exceed the amount needed to adequately assure the ability to comply with the rehabilitation plan.
[Ord. #517, § 6; Ord. #741, § 1; Ord. #860, § 1; Ord. #1515, 12-27-2001, § 1, amended; Ord. #1638, 5-27-2003, amended]
a. 
On January 15 of each year, an annual fee of $5,000 shall be paid by the license holder to the Township to be applied toward expenses of administrative, Planning Board Review, and Board of Health review of the license application. This fee shall not be prorated and may be adjusted from time to time to approximate the reasonable cost of administration of the various provisions of this chapter. Any unexpended portion of the license fee shall be credited to the following year's annual license fee. An annual statement of account shall be provided to applicant or license holder.
b. 
A separate annual escrow fee in the amount of $150,000 is established to cover the monthly inspections, including the inspections of the importation of fill material, monthly reports, investigations of violations by the Township Engineer, special expert review of dust, blasting, noise, samplings of importation of fill material, other areas of special expert advice deemed necessary by the Township Committee or the Township Engineer, and attorneys' fees incurred by the Township for review of the license application. The license holder shall deposit the annual escrow fee by January 2 of each year, and shall replenish the escrow account as necessary within 15 days of a written replenishment request made by the Township. Any unexpended portion of the annual escrow fee shall be credited to the following year's annual escrow fee. The annual escrow fee shall be administered in accordance with the applicable provisions of N.J.S.A. 40:45D-53.2. A statement of account shall be provided to the license holder in advance of any request by the Township for the replenishment of the escrow, or any subsequent annual deposit to be made by the license holder.
[Ord. #2001,[1] § 1, 2-26-2008, amended]
[1]
Editor's Note: This ordinance also provided that its provisions shall apply retroactively to 1-1-2008, including the increase in escrow fees and quarry license requirements for 2008.
[Ord. 517, § 8; Ord. #741, § 1; Ord. #860, § 1; Ord. #1515, 12-27-2001, § 1, amended; Ord. #1638, 5-27-2003, amended; Ord. #2001,[1] § 3, 2-26-2008, amended]
The Township Engineer or his authorized representative is hereby designated as quarry inspector. The quarry inspector shall conduct inspections of the quarry property and quarry in order to determine whether operations are being conducted in accordance with the quarry license and the terms and provisions of this chapter. The Township Committee may retain environmental expert consultants to ensure that inspections and sampling of the importation of fill material into and onto the quarry property is performed so as to ensure the fill material is not environmentally contaminated. Inspections shall be conducted at least one time per month or as frequently as the quarry inspector determines is necessary. The quarry inspector shall submit written reports of all quarry inspections to the Township Committee.
[1]
Editor's Note: This ordinance also provided that its provisions shall apply retroactively to 1-1-2008, including the increase in escrow fees and quarry license requirements for 2008.
[Ord. #517, § 9; Ord. #741, § 1; Ord. #860, § 1; Ord. #1515, 12-27-2001, § 1, added; Ord. #1515, 12-27-2001, amended; Ord. #1638, 5-27-2003, amended]
a. 
Quarrying, and the sale or trucking of quarry materials, may be conducted only from Monday through Saturday between the hours of 7:00 a.m. and 5:00 p.m., prevailing time, except that office administration and maintenance of equipment, including motor vehicles, may be conducted at any time. Equipment warm-up may, during the months of April through October, begin at 6:45 a.m. Monday through Saturday, and may, during the months of November through March, begin at 6:30 a.m. Monday through Saturday. No quarrying shall be conducted on Christmas, New Year's Day, Easter, Memorial Day, July 4, Labor Day or Thanksgiving.
b. 
All drilling must be done by the wet drilling method or by any other method of equivalent effectiveness for dust control.
c. 
All roads or traveled rights-of-way within a quarry must be regularly treated with calcium chloride, or other dust arresting agent, as necessary to substantially reduce the excessive accumulation and dissemination of dust beyond the boundaries of the quarry property.
d. 
After the effective date of this section, no quarrying shall be permitted within 50 feet of the quarry property line if it results in damage to lateral support of abutting property, except that quarrying shall continue to be permitted within 50 feet of the quarry property line in those locations where such quarrying has already been undertaken and is identified in any already approved quarry license plans of the quarry property. Landscaped berms, satisfactory to the Township Engineer, shall be provided along the perimeter of the quarry property except along any railroad right-of-way. No quarrying shall be permitted which will endanger the lateral support of abutting properties.
e. 
In no case shall any quarry products, equipment or other materials, except berm and landscape screening material, be erected or stored within a distance of 100 feet of the quarry property line except along a railroad right-of-way. Storage may be made along a railroad right-of-way if the storage is screened with solid fence material, such as redwood slat chain link.
f. 
A chain link fence with a minimum height of six feet shall be erected around the perimeter of the quarry property, and all means of ingress and egress shall be controlled by substantial gates of similar height. The Township Committee may, upon reviewing a license application, reduce the area to be fenced and may allow the fence construction to take place over a period of more than one year, but less than five years. A performance bond equal to the construction cost for the fencing to be constructed during the license term shall be provided. The surety shall be authorized to do business in the State of New Jersey and approved by the Township Committee.
g. 
On each occasion when blasting is to be conducted, written or verbal notice shall be given to the office of the Township Engineer. Notice shall be given at least two hours prior to the proposed detonation unless prevailing conditions make it impossible, but in no case less than 1/2 hour. Additionally, all residents within 500 feet of any quarry property line who have in writing requested notice shall be notified verbally at least 1/2 hour prior to the proposed detonation. Blasting shall be conducted only between 10:00 a.m. and 4:00 p.m. prevailing time. Blasting shall be conducted according to the requirements and regulations of the State of New Jersey.
1. 
The applicant shall file with the Township Clerk written claims of damage due to blasting within 10 days of receipt and the results of the inspections of those claims within 30 days of the date of the claim.
2. 
The applicant or the state shall monitor each blast with seismographic equipment.
h. 
Signs shall be maintained at all entrances and exits of the quarry indicating the name and address of the licensee along with the telephone numbers where the licensee can be contacted at any time of the business day. Additionally, the township police shall be provided with a twenty-four-hour number for use in case of emergency.
i. 
Where conveyors discharge material of less than one inch in diameter onto stock piles of such material, spray bar sprinklers shall be used as needed to control dust emissions.
j. 
Wherever the quarry property abuts a public street or road or abuts any residential property, a solid continuous landscape screen shall be planted and maintained unless an alternative has been approved or required by the Township Committee. The landscape screen shall consist of massed evergreens and deciduous trees and shrubs of such species and density as will provide a substantial screen throughout the full course of the year.
k. 
The maximum amount of noise emanating from any quarry audible along the perimeter of the quarry property shall not exceed the noise standards as set forth in Subparagraph 1 below. The regulations of this section shall not be construed to exempt a quarry from state or local noise limits at any time. The regulations of this section shall not be construed to regulate noise which is required by safety equipment mandated by the state or federal government.
l. 
From 7:00 a.m. to 5:00 p.m. Monday through Saturday, the daytime noise limits as set forth by the State of New Jersey shall apply. During all other times, the nighttime noise limits of the State of New Jersey shall apply.
m. 
No vegetation, including trees, shall be cut down or removed from the quarry unless the vegetation has been designated for removal on the license application.
n. 
The public streets within 200 feet of each exit from a quarry, measured from the projected center line of the exit, shall be kept free from accumulations of dust by the licensee. If a licensee fails to remove dust from such public streets within one day's notice to any individual apparently in charge of the quarry operations during hours of operation, the licensee shall be guilty of a violation of this section and the township may remove such dust by any reasonable means and bill the cost of such removal to the licensee. Failure to pay the cost of removal within 30 days of billing shall be a further violation of this section and shall be a cause for suspension of a license pursuant to Subsection 4-9.11.
o. 
Activities not explicitly permitted in this section are not permitted.
p. 
Testing of fill material sources.
[Ord. #2001,[1] § 4, 2-26-2008, amended]
1. 
Fill material sources providing a volume of greater than 5,000 cubic yards of fill material to the quarry property must provide certified testing reports to the license holder to ensure that the fill material is free of environmental contamination. If an importer of fill material has multiple sources that in aggregate total greater than 5,000 cubic yards, then the fill material must be tested for each site. All sampling must be certified with a letter from a New Jersey licensed professional engineer, licensed geologist, or certified hazardous materials handler (CHMM). The testing must include the following analysis:
NJDEP Soil Cleanup Criteria (SCC) List
SCC Volatiles 8260B
SCC Base Neutral /Acid Extractables 8270C
PCB 8082
TCL Pesticides 8081A
PP Metals + Ba & V 7000 Series / 6020
Hexavalent Chromium 3500-Cr D / 7196A
Trivalent Chromium Calculation
Total Cyanide 9014
Corrosivity (as pH) / pH (S.U.) 150.1 / 9040B / 9045C
Phenols 9066
Geotechnical Index Testing
Grain Size with Hydrometer ASTM C422
USCS Description w/Munsell Soil Description ASTM D2488 (+ Munsell)
Moisture Content ASTM D2216
Organic Content ASTM D2974
2. 
The licensee must have all laboratory analysis performed by a New Jersey licensed analytical laboratory in good standing. Tests must be conducted at a minimum of once per 5,000 cubic yards, and for each soil type. Tests must be conducted for every 5,000 cubic yards of fill material rounded up to the nearest 5,000 cubic yards. The test results of the samples must be submitted to the Township Engineer and the licensee for review and written approval before the fill material may be delivered to the quarry property. Owners with multiple sites with an aggregate of soil greater than 5,000 cubic yards must have each site sampled for every 5,000 cubic yards rounded up to the nearest 5,000 cubic yards.
[1]
Editor's Note: This ordinance also provided that its provisions shall apply retroactively to 1-1-2008, including the increase in escrow fees and quarry license requirements for 2008.
[Ord. #517, § 10, Ord. #741, § 1; Ord. #860, § 1; Ord. #1515, 12-27-2001, § 1, amended; Ord. #1638, 5-27-2003, amended]
All license applications shall be submitted to and reviewed by the Township Engineer. The Township Engineer shall then forward a report to the Township Committee with any recommendations the Township Engineer may make. The Township Committee shall determine whether the application is in compliance with this section and, if so, shall schedule a public hearing on the license application. The public hearing on the license application shall be advertised and conducted in a manner similar to that for the adoption of ordinances. Members of the public will be permitted to ask questions and submit statements. After the close of the public hearing, the Township Committee may approve the license application and the issuance of a license, or it may disapprove the application. It shall state the reasons for its decision. The application to renew a quarry license shall be filed with the township by January 15 of each year. Each application shall be acted upon by the Township Committee within 60 days from the date of the filing of the application; but 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 Township Committee. A new quarry license shall be effective upon approval by the Township Committee. A renewal quarry license shall be effective on March 15 of the year of filing. Quarry licenses shall expire on March 15 of each year. An approval or renewal of a quarry license by the Township Committee shall not constitute approval of any item or matter that may require separate approval of the Board of Adjustment, Planning Board or any other municipal, county, state or federal body or agency. No application for a license shall be reviewed by the Township Committee if there is no approved and currently valid rehabilitation plan, unless a rehabilitation plan has been submitted and is under review. All persons to whom a license is proposed to be transferred must confirm that the licensing provisions of Section 4-9.4 herein have been complied with before a license may issue to such license transferee.
[Ord. 517, § 11; Ord. 860, § 1; Ord. #1515, 12-27-2001, § 1, amended; Ord. #1638, 5-27-2003, amended]
The Township Committee may suspend any quarry license for reasons specified in this section or if it finds that the licensee is violating a material term or provision of this section or the license, or an applicable statute of the State of New Jersey, in such a fashion as will be substantially detrimental to the health, safety or welfare of any of the inhabitants of the township. Any action by the quarry owner or operator that significantly and adversely affects the feasibility of implementing the approved and current rehabilitation plan may be cause for suspension of the quarry license. Any such suspension may remain in effect until remedial action is taken or, where appropriate, a revised rehabilitation plan is submitted and approved. Before suspending a license, the township shall give the licensee 10 days' written notice specifying the grounds upon which the license is proposed to be suspended and an opportunity to be heard. Any suspension of a license shall be stayed for a period of five business days to permit the license holder to make application to the Superior Court of New Jersey for relief.
[Ord. #517, § 12; Ord. #741, § 1; Ord. #860, § 1; Ord. #1638, 5-27-2003, amended]
a. 
This section shall be enforced on behalf of the township by the quarry inspector, who shall investigate any violation of this section which he knows of or which comes to his attention by complaint of any person. If a violation is found to exist, or have existed, the quarry inspector shall have the authority to prosecute a complaint in Municipal Court.
b. 
Any person who violates any provision of this section or who fails to comply with any of the requirements of this section shall for each such violation or offense be liable to the penalty stated in Chapter III, Section 3-1 et seq. The minimum penalty for any violation or offense under this section shall be $100.
c. 
As an additional remedy, the violation of any provision of this section which causes discomfort or annoyance to reasonable persons of normal sensitivities or which endangers the comfort, health, safety or peace of residents in the area is subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
d. 
Nothing in this subsection shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injuries to persons or property and to maintain any action or other appropriate proceeding therefor.
[Ord. #517, § 14; Ord. #741, § 1; Ord. #860, § 1; Ord. #1638, 5-27-2003, amended]
Nothing in this section shall be construed as repealing any provision of any other township ordinance which, by its terms, regulates or controls quarrying or its incidental activities either directly or indirectly, or which furthers the general purposes of this section in any way. If any regulation in this section differs from the same or similar regulation of any other township ordinance, the more restrictive provision shall be deemed to control.
[Ord. #2025, § 1, 7-15-2008, added]
Notwithstanding any other requirements of Section 4-9, as of July 21, 2008, at 12:00 a.m., the importation of fill material onto quarry property within the Township is expressly prohibited. Neither a quarry owner, nor a quarry operator, nor any other person or entity shall permit the importation of fill material onto quarry property within the Township. The Township Committee reserves the right to rescind or modify the prohibition against importation of fill for reasons within its general police powers, including the right to adopt a resolution temporarily lifting the prohibition in order to permit limited fill importation in conjunction with quarry rehabilitation activities specifically approved by the Planning Board and Township Committee.