[HISTORY: Adopted by the Municipal Council
of the City of Clifton 1-22-85 by Ord. No. 4956-85. Amendments noted
where applicable.]
It is the intent of this chapter to license
and regulate quarries so as to provide for the preservation of the
public health, safety and welfare of the residents and property living
and located in the City of Clifton; to ensure that all quarrying operations
shall be conducted with a minimum of annoyance from noise and dust
to nearby owners and occupants of property and in a manner which protects
the safety of persons, particularly children; 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:
Any person engaged in and controlling the business of conducting
a quarry.
A place where stone, shale, slate, bank-run material, sand
or gravel is excavated, removed, crushed, washed, graded or otherwise
processed.
Those aspects of the business of conducting a quarry as related
directly to the excavation and processing of stone, rock, shale, slate,
bank-run material, sand or gravel, and the removal thereof from any
quarry premises, or other related activities.
The reconditioning of the area of land affected by quarrying
operations to restore same to a productive use after termination of
quarrying operations, consistent with the Master Plan adopted by the
Planning Board of the City of Clifton, the Zoning Ordinance of the
City of Clifton and the Soil Removal and Excavation Ordinance of the
City of Clifton.
A written proposal, approved as set forth in this chapter
which sets forth a plan for reclamation of the area of land affected
by quarrying operations, including land use objectives, specifications
for grading, manner and type of vegetation and such maps and other
supporting documents as may be required by the Quarry Inspector. The
plan shall be prepared by a licensed professional engineer and land
surveyor licensed in the State of New Jersey, unless otherwise provided
by statute.
It shall be unlawful for any person to conduct
the business of quarrying within the City without first having obtained
a license therefor in accordance with this chapter.
Applications for licenses required by this chapter
shall be made to the City Clerk upon forms provided by the Clerk and
shall be signed and verified by the applicant, setting forth or accompanied
by the following information.
A.
The name and address of the applicant, if an individual;
the name, residence and business address of each partner, if a partnership;
or the name, date and state under which organized, if a corporation.
A corporate applicant shall indicate the names of directors, principal
officers and local managing representatives, together with their residence
and business addresses, and a designation of the person upon whom
service of process can be made. If the applicant is a foreign corporation,
whether the same is authorized to do business in the State of New
Jersey shall be indicated.
B.
A legal description of the premises where the business
is to be conducted and a map or maps of the premises prepared by a
professional engineer and land surveyor licensed in the State of New
Jersey, which shall depict and show the entire tract involved; permanent
(concrete or metal) markers at the beginning and ending of each course,
delineating the boundaries of the property and any municipal boundary
line traversing through the property or any portion thereof; all roads
or buildings on the tract or within 200 feet thereof; existing and
proposed final contours of the land involved and adjoining lands [contours
to be created by the quarrying operation shall be shown at two-foot
intervals for grades up to 10% and five-foot intervals for grades
10% or greater]; and all wooded areas, brooks, streams or bodies of
water on the tract involved and within 200 feet thereof.
C.
A statement as to the ownership of the tract involved
and when such ownership was acquired, the interest of the applicant,
its officers, directors or stockholders in the quarry property and
any interest of said persons in adjoining property. In the event the
applicant is not the owner, the written consent of the owner must
be furnished.
D.
Plans and specifications supported by maps and diagrams, where necessary, indicating places where quarrying is to be conducted; property boundary line markers, as provided in Subsection B; all entrances or exits to the tracts involved; fences, including location, height and type, gates or buildings, including outside dimensions and precise locations, either erected or to be erected; equipment used or to be used in the operation, with the location of such equipment; and a narrative describing the method of operation.
E.
The nature, location and phasing of a screening plan,
to minimize the visibility of quarry operations to neighboring residents
and persons utilizing adjacent roadways.
(1)
The owner or operator shall provide and/or maintain
effective visual screening of the quarry operation. In those areas
of the quarry where fully effective visual screening is not feasible,
the owner or operator shall make every reasonable effort, through
screening, to minimize the visual impact of quarry operations to neighboring
residents. The design for such screening/buffer strip shall utilize
existing land contours, artificially created berms, natural vegetation
on the site and plant material not presently on the site, all of the
above to be supplied and/or maintained by the owner or operator. Elements
of the screening/buffer strip design to be submitted shall be as follows:
(a)
In those areas where natural contours of the
land provide effective visual screening, the design shall generally
describe existing plant material and, if necessary, indicate methods
of preventing erosion through the planting of ground cover material.
(b)
In those areas where existing land contours
do not in themselves provide adequate screening, the design shall
indicate the use of berms or plantings to provide effective visual
screening or, where effective visual screening is not feasible, to
minimize the visual impact of quarry operations.
(2)
The owner or operator shall adequately maintain the
screening/buffer strip at all times as a continuing obligation and
as a condition of renewal of the license.
F.
The hours during which the quarry normally will be
operated consistent with this chapter.
G.
Certificates of insurance attached to the application
evidencing liability insurance coverage in amounts of not less than
$5,000,000 for personal injury, including death, for each person or
each occurrence and $2,000,000 for property damage.
H.
Information describing public and private roads to
be used for access to the site by the public and any limitations that
there might be with respect to the adequacy of the pavement. Such
information shall include a certification by a professional engineer
of the adequacy of these road for traffic by trucks whose sizes shall
be identified in said report.
I.
A consent executed by the appropriate person which
consents to the entry upon the premises by the Quarry Inspector for
the purpose of inspection.
A.
Prior to approval of any application, a reclamation
plan shall be submitted to the City Clerk. The reclamation plan shall
not only show the ultimate use of the site and the plans therefor
but shall also indicate measures which will be taken during the course
of quarrying operations which will lead to the accomplishment of the
reclamation of the site. The reclamation plan shall demonstrate the
foregoing by including the following:
(2)
Provisions for grading of all rock slopes to a topography
not to exceed 30º off the vertical slope.
(3)
Provisions indicating that, after the effective date
of this chapter, ultimate rock quarry faces sloped in excess of 30º
off the vertical slope 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 benches, and all benches shall
be drained adequately. Sufficient stabilization or sloping shall be
provided consistent with the quality or nature of the material on
the site. Interim or finished slopes shall not exceed the angle of
repose for the material involved, and slopes shall be such that the
material shall be stabilized.
(4)
Where topsoil will be removed, provisions for setting
aside and retaining on the premises sufficient arable soil so as to
be available to be distributed over those portions of the premises
which the ultimate reclamation plan indicates reasonably require such
arable soil. The reclamation plan shall provide that when arable soil
is required to be distributed, it shall be to a minimum depth of four
inches or such depth as may be required so as to support vegetation.
Where final contours are of such slope as to make the replacement
of topsoil impractical, the reclamation plan shall provide that all
such slopes (except quarry faces in excess of 30º) shall be planted
with rootable plant ground cover material in sufficient number and
of sufficient size to minimize erosion.
(5)
Provisions demonstrating a method whereby a reasonable
portion of the areas of the site now being used or which shall hereafter
be used for quarrying operations shall be reclaimed prior to the opening
of new areas. To the extent practicable, the reclamation plan shall
make provisions for simultaneous quarrying and reclamation.
(6)
Provisions showing adequate drainage during quarrying
operations and after the termination of same.
(7)
Provisions showing adequate lateral support for slopes
and grades abutting streets and neighboring lands during quarrying
operations and after the termination of same.
(8)
Provisions which indicate that the current and continued
operation of the quarry will permit not only the preservation of land
values but also allow appropriate residential use of the quarry premises
and surrounding areas when quarrying operations have been terminated.
(9)
Wherever quarrying has, prior to the adoption of this
chapter, reduced the quarried area below the grade of the lowest adjoining
property or road, provisions for the reclamation and future use of
said below-grade areas.
(10)
Provisions for completion and maintenance of the fencing
required to be placed around the perimeter of the area which is to
be quarried. The reclamation plan shall indicate, in detail, the schedule
for erection of such fencing and what provisions are to be made for
its maintenance and repair.
(11)
Provisions for the completion of all reclamation within
a period of one year after the termination of quarrying operations.
(12)
Such other facts that may bear upon or relate to the
coordinated adjustment and harmonious physical development of the
City and quarry.
B.
The reclamation plan shall remain in effect until
such time as quarrying operations are terminated. Nothing herein shall
require that an entire reclamation plan be submitted annually; however,
reclamation plans shall be amended or revised annually upon application
for renewal as quarrying operations proceed.
A.
The license application containing all the data required
as set forth, the reclamation plan and all other data required to
be submitted by the applicant hereunder shall be delivered by the
City Clerk to the Quarry Inspector, as well as to any independent
experts that may be retained by the City for the purpose of reviewing
the aforesaid plans and data.
B.
If the aforesaid plans and data comply with the requirements
of this chapter, that fact shall be certified by the City Engineer
and any independent experts to the Quarry Inspector.
C.
The Quarry Inspector shall receive the reports and
complete his own examination of the documents. If, upon such examination,
the Quarry Inspector is satisfied that the documents comply with the
requirements of this chapter, a certification to that effect shall
be forwarded to the City Clerk, who shall certify the application
for a public hearing at the next regular meeting of the Municipal
Council, provided that the date of such meeting shall be at least
15 days following such certification.
D.
The City Clerk shall notify the applicant of the time
and date of said public hearing within three days after certification
is approved. The applicant, upon receipt of such notification, shall
notify or cause to be notified, by personal service or by mail, at
least five days prior to the public hearing, all property owners of
adjoining property; of property directly across the street from the
quarry premises; of property within 200 feet of the extreme limits
of the quarry property, as their names appear on the municipal tax
records. Prior to serving such notice, the applicant shall receive
a list of the property owners involved from the City Engineering Department.
E.
When the City Clerk has received such certification
and the Municipal Council has, after public hearing, approved the
application and has been advised that the applicant has posted a performance
bond as established herein and that the license fee called for hereunder
has been paid, as well as all real estate taxes, assessments or fees,
the Clerk shall issue the license.
F.
If the City Engineer, independent expert or Quarry
Inspector finds that the submitted items fail to meet the requirements
of this chapter, he shall prepare a report detailing such deficiencies
and shall either deliver a copy of said report personally to the applicant
or mail a copy of said report to the applicant by certified mail,
return receipt requested. The applicant shall have 45 days from the
date when the report is delivered to him or mailed to him to file
with the City Clerk such corrected supplemental or additional plans
or data as may be necessary to remedy the defects noted. After receipt
of such data, the City Clerk shall transmit same to the City Engineer,
Quarry Inspector and independent expert, who shall review same, and
if they find that the plans and data filed comply with the requirements
of this chapter, they shall report same to the Quarry Inspector, who
shall certify such fact to the City Clerk and the license shall be
issued upon compliance (including the holding of a public hearing
and Municipal Council approval) with the procedure set forth hereinabove.
If the plans and data shall still fail to meet the requirements of
this chapter, such fact shall be certified to the applicant. Any further
filing by the applicant or any filing by the applicant after the expiration
of the forty-five-day period referred to above shall be proceeded
upon as in the case of a new application for a license.
A.
Upon application for the renewal of the license, the
applicant shall not be required to resubmit the site plan, screening
plan, reclamation plan or other data as set forth herein, but shall,
in writing, apply for said renewal and shall in said application set
forth:
(1)
Those changes or differences which have taken place
or occurred since its last application. Where necessary, modified
site plans, screening plans, reclamation plans and the like shall
accompany said application.
(2)
Those changes in performances or maintenance guaranties
required by actual performances or changed conditions. No changes
or additions shall be regarded as being effective to amend the operating
plans, screening plans, reclamation plans or other items set forth
in previously approved license applications unless the Quarry Inspector
specifically approves such changes and certifies approval of such
changes to the City Clerk. The Quarry Inspector shall review all such
proposed changes with the City Clerk and any City-appointed independent
expert.
(3)
All reclamation, screening and similar operations
which have been completed during the past year, if not set forth in
any other documents or statement required herein.
B.
The applicant shall file a maintenance and performance
bond in the amount determined by the City Engineer as set forth hereafter
and shall also file a certificate signed by the City Tax Collector
certifying that all municipal taxes and other municipal liens due
to date have, in fact, been paid.
C.
In the event of a dispute as to the amount of the
performance and maintenance bonds or reclamation work and maintenance
required by the approved site plan for the ensuing year, nothing herein
shall be construed to limit the right of the applicant to contest,
by legal proceedings, any determinations made by the City Engineer
or other municipal agency.
D.
The applicant for the renewal of the license shall
be referred by the City Clerk to the City Engineer, Quarry Inspector
and any independent expert selected by the City, who shall review
the renewal application to determine whether the documents and other
items comply with the requirements and standards of this chapter.
If this is found to be a fact, such fact shall be certified to the
City Clerk. The procedure used shall be the same as that used in the
case of a new license. Upon receiving such a certification and being
advised of the payment of the appropriate fees and the filing of the
proper bonds, the City Clerk shall issue to the applicant a renewal
of the license.
E.
Notice that an application for renewal of the license
has been delivered to the City Clerk shall be posted on the bulletin
board in City Hall, and a notice to a similar effect shall be placed
by the applicant for the license in the official newspaper of the
municipality within 10 days of the date of filing same.
Prior to the issuance of any license or the
renewal of a license, the applicant shall submit a performance and
maintenance bond with adequate surety to assure completion of all
screening and reclamation of the site of operation which is required
to be performed under this chapter during the ensuing year and the
maintenance of such items as have already been completed. The form
of the bond shall be subject to approval by the City Counsel and shall
be in such amount as may be approved by the City Engineer. The amount
shall be sufficient to guarantee the completion of fencing, screening
and such portion of the reclamation plan intended to be completed
during the ensuing year and the maintenance of such work as may already
have been completed. The surety thereon shall be a recognized surety
company authorized to do business in the State of New Jersey. At the
request of the applicant, the amount of the performance or maintenance
guaranty shall be adjusted annually, provided that the basis therefor
is substantiated by said applicant. The guaranties shall be renewed
annually during the period that quarrying operations are conducted
and until completion of reclamation and shall, at all times, be sufficient
to cover the costs of performance and maintenance guaranties.
Each initial application shall be accompanied
by a fee of $1,000, which shall be deemed to be the sum needed to
reimburse the City for the cost of the engineering examination for
the initial application, and the applicant shall further deposit the
sum of $2,000, which shall be deemed to be the sum needed to reimburse
the City for the cost of inspection as provided herein. Each renewal
application shall be accompanied by a fee of $500 to reimburse the
City for the cost of examining the application. In addition, the applicant
shall further deposit the sum of $2,000 to cover the cost of inspections
to be made throughout the year by the Quarry Inspector. If the application
is referred to an independent expert for a report and if the cost
of said report exceeds the application fees set forth above, then
in such event the applicant, upon being notified by the City Treasurer
of such additional cost, shall pay the same within 14 days of said
notification.
The City Engineer is hereby designated as the
City Quarry Inspector. In his capacity as Quarry Inspector, he shall
conduct at least a quarterly inspection of the licensed premises in
order to determine whether operations are being conducted in accordance
with the application therefor and to evaluate performance of the licensee
with regard to the reclamation procedures. The Quarry Inspector may
inspect more often than stated above, if required. The Quarry Inspector
shall submit written reports of such inspections to the City Manager.
The Quarry Inspector shall be the enforcing officer of this chapter
and shall investigate any and all alleged violations thereof. The
City may, if it wishes, engage the services of an independent expert
to make the inspections called for in this chapter. If the cost to
the City for the services of said expert exceeds the amount deposited
by the licensee to cover the cost of said inspections, the City shall
bill the licensee for excess costs. The licensee, upon being so notified,
shall pay such excess costs within 14 days of said notification.
A.
Unless otherwise regulated by state or federal regulations:
(1)
Quarrying and related operations shall be conducted
for a period not in excess of 10 gross hours per day, starting at
7:00 a.m. and ending at 5:00 p.m., Monday through Friday, and starting
at 9:00 a.m. and ending at 5:00 p.m. on Saturday. There shall be no
trucking of any material from the quarry prior to starting time and
after 4:30 p.m. on any day when the quarry is open for operation.
(2)
Quarrying or related operations shall not be conducted
on Sunday, except for necessary operations of an emergent nature;
provided, however, that same will not detrimentally affect the health,
safety and welfare of the community, more particularly of those inhabitants
residing in the neighborhood of the quarry.
[Amended 7-2-85 by Ord. No. 4989-85]
(3)
Nothing contained herein shall be deemed to prevent
the emergency maintenance or repair of equipment.
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 the licensed
premises must be treated with water in order to prevent the dissemination
of dust. Water must be applied whenever necessary.
D.
Quarrying which will reduce the quarried area below
the grade of the lowest adjoining property or road is prohibited.
No quarrying shall be permitted which will endanger the lateral support
of abutting properties or roads. In the event that quarrying or excavation
should result in face slopes in excess of 30º, a minimum leveled
(or natural) buffer area of 50 feet shall be provided between any
quarry boundary line and the commencement of the slope.
E.
In no case shall any quarry products, equipment or
other materials be deposited or stored on any property, public or
private, other than the licensed premises. No buildings, equipment,
quarry products or other materials shall be erected or stored within
a distance of 50 feet of any quarry boundary line.
F.
A stockade, chain-link or existing fence of a minimum
height of six feet shall be erected around the perimeter of the area
being quarried and that has been quarried, and all means of ingress
and egress shall be controlled by substantial gates of similar height,
which gates shall be closed and securely locked when not in actual
use. Reasonable variations of fence alignment may be made in order
to accommodate existing natural features and terrain, thereby making
erection of the fence practicable within the boundary lines of the
quarry premises. Installation of fences shall be completed in segments
of 1/3 over three years. The operator of the quarry shall be relieved
of the requirements of this section of this chapter if abutting property
owners refuse to grant permission to the operator to go upon their
land to carry out its requirements. The operator shall establish such
refusal by filing with the Quarry Inspector proof of communication
with said abutting owners as well as proof of either their affirmative
denial of access or their refusal to respond to such communication.
If such property owners grant permission for such work in the future,
the operator of the quarry shall honor its obligations under this
section at that time. The exception established hereunder shall also
apply to the requirements set forth in this chapter, which require
the operator to erect signs, screening and trees on said abutting
property.
G.
Blasting and the use of explosives shall be in conformity
with New Jersey statutes and regulations and federal regulations where
applicable. The licenses shall notify the Quarry Inspector of any
contemplated blasting, specifying the intensity and force of each
said contemplated blast not less than one hour prior to said scheduled
blasting. The licensee shall provide the Quarry Inspector with a certified
quarterly report of all blasting done during the previous quarter
within 30 days of the termination date of said quarter. Said report
shall contain the date and time of each blast, the intensity and force
thereof, with supporting documentary evidence, and a map or sketch
showing the site location of the explosive used for each blast.
[Amended 7-2-85 by Ord. No. 4989-85]
H.
Signs shall be maintained at all entrances or exits of the quarried premises, indicating the name and address of the licensee and that the business being conducted is a licensed quarry operation. Signs shall also be placed at no greater than two-hundred-foot intervals on the perimeter fence, warning of the potential hazard of climbing the fence. The operator shall be excused from complying with this chapter if abutting landowners deny it permission to erect said signs. Denial shall be proven as set forth in Subsection F above.
I.
Where conveyors discharge material of less than one
inch in diameter onto stockpiles of such material and where the free
and uncontained fall of material being stockpiled from the conveyor
to the highest point of the stockpile shall exceed a distance of six
feet, a high-pressure water-mist spray must be directed onto the material
as it falls from the conveyor to the stockpile in such manner as to
reduce the accumulation and dissemination of dust.
J.
Wherever the licensed premises abuts a public street,
a solid continuous landscape screen shall be planted and maintained.
The landscaping shall consist of massed evergreen and deciduous trees
and shrubs of such species or density as will provide a solid and
continuous screen throughout the full course of the year. This provision
shall not apply where the natural contours of the land provide adequate
visual screening so that a person of average height traversing said
street would not be able to see the quarry operation.
K.
All crushing and processing of quarry materials shall
be conducted by the use of wet-method of dust control or by local
exhaust systems of equivalent effectiveness.
L.
Provisions shall be made for adequate drainage, soil
and sediment control, point- and non-point-source water pollution,
as in accord with control of the best management standards set by
the Environmental Protection Agency, during quarrying operations and
after the termination of same.
M.
Provisions shall be made for the prompt removal from
the streets of Clifton of any debris which has either fallen from
any truck removing material from the quarry site or has been washed
out of the quarry either as a result of natural events or quarry operation.
Licenses shall expire on December 31 of the
year and shall be renewed annually upon filing an application therefor
in accordance with the standards outlined above. Initial licenses
issued during a calendar year shall expire on December 31 of the same
year. Where the approval of or certification by any state or federal
regulatory agencies or departments is required, such approvals or
certifications shall be filed with the City Clerk prior to his issuing
any license or renewal thereof.
[Amended 7-2-85 by Ord. No. 4989-85]
This chapter shall be enforced by the Quarry Inspector, who shall investigate any alleged or potential violation of this chapter coming to his attention, whether by complaint or arising from his own personal knowledge, and report the same to the Municipal Council. If a violation is found to exist, he shall serve a written notice by certified mail or personal service upon the owner or person designated to accept service of process, but if the owner or person so designated cannot be served, then posting a notice of the violation in a prominent place upon the premises shall be adequate notice of the violation. The notice shall require the violation to be abated within a period of 10 days from the date of service thereof or within such lesser period of time as the Quarry Inspector shall deem reasonable in cases where the danger to public health, safety and general welfare is so imminent as to require more immediate abatement. If the violation is not abated within the time specified, the Quarry Inspector shall prosecute a complaint to terminate the violation in Municipal Court and shall report the violation to the City Manager for possible action under § 361-14 of this chapter.
Upon 10 days' notice and after giving the licensee
an opportunity to be heard, the City Manager may revoke or suspend
any license issued under this chapter if it is found that the licensee
is violating the terms or provisions of this chapter. The decision
of the City Manager to revoke or suspend may be appealed to the Municipal
Council, who shall conduct a de novo hearing based on the record presented
to the City Manager. Appeals from the decision of the City Manager
shall be filed with the City Clerk within 10 days after said decision
is delivered or mailed to the licensee.
