[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:
Shall mean the holder of a quarry license issued pursuant
to this section.
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.
Shall mean and include any natural person, firm, partnership,
association, corporation, company or organization of any kind.
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.
Shall mean the person that conducts the quarrying operations.
Shall mean the person who owns the quarry property on which
quarrying operations are conducted.
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.
Shall mean any of the following:
[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.
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:
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.
[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.
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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.
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.
