This chapter shall be known as the "Pit and
Quarry Regulatory Ordinance of the Borough of Glen Gardner."
All owners, lessees, operators, managers, person,
persons or corporations having control of any sand bank, pit or quarry
within the said borough be and they are hereby ordered, directed and
required to receive from the Office of the Borough Clerk a pit and
quarry license annually on or before the first day of July of each
year.
[Amended 5-16-1978; 11-16-2015 by Ord. No. 2015-12]
An annual inspection of all licensed quarry
operations shall be conducted by the Borough Engineer or his or her
representative prior to the issuance or renewal of any license pursuant
to this chapter. The Borough Engineer or his or her representative
may also conduct at any time an inspection of licensed premises for
compliance with the standards of this chapter and applicable state
laws and regulations. Access to the licensed premises for the purposes
of such inspections shall be permitted by the licensee. The Borough
Engineer or his or her representative shall file a written report
of all inspections with the Borough Clerk and shall supply a copy
to the applicant or licensee. The purpose of the inspection shall
be to confirm compliance with all of the terms and conditions of the
approved site plan for the quarry as well as all of the terms and
conditions of this chapter.
It shall be unlawful for any person to make,
cause or permit to be made or caused upon any premises owned, occupied
or controlled by him or her in this municipality any unnecessary noises
or sounds by means of the human voice, machinery or by other means
or methods which are physically annoying to persons or which are harsh
or unusual in their use, time and place and which may be injurious
to the lives, health, peace and comfort of inhabitants of adjacent
property in the municipality. The determination of this section shall
be based upon inspection by the Engineer or the Health Officer of
the municipality or a representative of the Hunterdon County Department
of Health after proper investigation.
It shall be unlawful for any quarry operator
in this municipality to cause undue dust, smoke or smog or cause particles
to enter the air that in any way shall be injurious to the persons
in the community or which shall cause or threaten to cause pollution
to the air or water of the municipality. Determination of undue pollution
of the air or water of the municipality shall be the responsibility
of the health officer based on standards established under N.J.S.A.
34:6-98.4a or by such other standards of health and welfare as established
by agencies of the State of New Jersey and which in the opinion of
the health officer are injurious to the health and well-being of the
citizens of the community.
After 10 days' notice and an opportunity to
be heard, the Borough Council may revoke or suspend any license issued
hereunder, if it finds that the licensee is violating the terms of
this chapter or any state law.
Any violation of the provisions of this chapter
shall be punishable by a fine not exceeding $1,000, imprisonment for
a term not to exceed 90 days and/or a period of community service
not to exceed 90 days. Each day that the violation continues to exist
shall constitute a separate offense.