It is the intent of this chapter to license and regulate quarries
for the protection of persons and property and for the preservation
of the public health, safety and welfare of the Township and its inhabitants
and to ensure that quarrying operations shall be conducted in such
manner as to create a minimum of annoyance from noise and dust to
nearby owners or occupants of property, provide for the safety of
persons, particularly children, protect the environment and natural
resources, and ensure that the quarried area shall be safely and reasonably
rehabilitated for alternative use after quarrying operations have
been completed or otherwise terminated.
As used in this chapter, the following terms shall have the
meanings indicated:
MLUL
The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., as
may be amended from time to time.
OPERATOR
Any person engaged in and controlling the business of conducting
a quarry.
OWNER
The legal owner of the quarry property.
QUARRY
A place where stone, shale, slate, bank-run material, sand
or gravel is commercially excavated, removed, crushed, washed, graded
or otherwise processed.
QUARRY PROPERTY
All lots used for quarrying. If any portion of a lot is used
for quarrying, the lot in its entirety shall be deemed "quarry property."
QUARRYING
Those aspects of the business of conducting a quarry as relate
directly to the excavation and processing of stone, shale, slate,
bank-run material, sand or gravel, and the removal thereof from quarry
property and other related activities.
RECLAMATION
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.
RECLAMATION PLAN
A written proposal approved by the Planning Board for reclamation
of the area of land affected by quarrying operations, including land
use objectives, specifications for grading, manner and type of vegetation,
such safety devices as shall be used at the site, and such maps and
other supporting documents as may be required by the Planning Board;
the plan shall be signed and sealed 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 Township without first having obtained a license
therefor in accordance with this chapter.
Applications for licenses required by this chapter shall be
made upon forms provided by the Township Clerk and shall be signed
by the applicant, setting forth or accompanied by the following information:
A. General requirements.
(1) The original application along with two copies, including all information
required in this section, shall be submitted to the Township Clerk
by January 31 of the calendar year the current license will expire
or 180 days prior to the anticipated start of operations for initial
applications. Upon approval, the quarry license shall be valid for
a ten-year period.
(2) Any change in the ownership or the operator of an existing licensed
premises will require submittal of an initial license application
unless the new owner and/or operator of the quarry certifies that
no changes in the terms and conditions of the then-current license
are sought, and that the quarry will continue to be operated in accordance
with all of the terms and conditions of the current license for the
premises. For purposes of this section, it shall not be considered
a "change in the ownership" of a quarry if the controlling ownership
interest therein does not change.
B. Initial license.
(1) The name and address of the applicant, if an individual; the name,
residence and business address of each partner, if a partnership;
the name, date and state under which organized, if a corporation,
and if a foreign corporation, whether the same is authorized to do
business in the State of New Jersey. A corporate applicant shall also
indicate the names of directors, principal officers and local representatives,
their residences and business addresses, and designation of a person
upon whom service of process can be made. In the event the applicant
is not the owner, a written consent of the owner must be furnished
together with a copy of the quarry lease, agreement, or permit from
the owner to the applicant. All applicants shall consent to entry
upon the premises by the quarry inspector for the purpose of inspection.
(2) A legal description of the quarry property, including copies of the
deed(s), where the business is to be conducted.
(3) Maps, as described below. The maps required by this subsection may be included in the reclamation plan required by §
272-5. Required maps include the following:
(a)
An index map showing the quarry property and its general relation
to the surrounding areas at the scale of one inch equals not less
than 500 feet.
(b)
A plot plan of the quarry property, prepared, signed and sealed
by an engineer or land surveyor licensed in the State of New Jersey,
showing the entire quarry property and other properties at least 200
feet therefrom, and including the following:
[1]
The plot plan shall be at a scale of one inch equals 100 feet.
If a larger scale is required to show specific areas and details,
supplemental maps shall be included at a larger scale, consistent
on all of the additional maps. If one sheet is not sufficient to contain
the entire property and surrounding area as required by this subsection,
the map shall be divided into sections, and shown on separate sheets
of equal size, with a basic index map and references on each sheet
to the adjoining sheets.
[2]
Title block showing:
[a] Name of quarry, municipality and county;
[b] Name and address of operation;
[d] Date and initials of preparation; and
[e] Name, address, signature and license number of
the preparers.
[4]
Revision box, showing date and initials for each revision.
[5]
All boundary lines with lengths of courses to hundredths of
a foot and bearing to one-half minute, with the error of closure not
to exceed one to 10,000. The boundary lines shall be in the New Jersey
State Plane Coordinate System, NAD 83, and shall show true and magnetic
North arrows.
[6]
Any municipal boundaries and the names of adjoining municipalities
within 200 feet of the quarry property.
[7]
Zone boundaries on the quarry property and other property within
200 feet of the quarry property.
[8]
Existing block and lot number(s) of the quarry property as they
appear on the most recent Township Tax Map. The boundary lines of
any leased premises, if such premises are only a portion of the entire
tract of the owner.
[9]
Acreage of each quarry property lot to the nearest tenth of
an acre, as well as the total acreage held in all of the quarry properties.
[10]
Block and lot numbers and names and addresses of the owners
of record of all adjacent properties within 200 feet as shown on the
most recent tax list prepared by the Tax Assessor.
[11]
The names, locations and widths of all existing, proposed, or
recorded streets, roads, buildings, railroads, railroad rights-of-way,
high-voltage utility poles, high-tension towers, bridges, culverts,
watercourses, and drainage rights-of-way intersecting the quarry property
or within 200 feet of the quarry property as shown on the most recent
Township Tax Map.
[12]
All easements or rights-of-way, whether public or private, on
the quarry property and within 200 feet of the quarry property as
shown on the most recent Township Tax Map. The purpose of the easements
or rights-of-way as reflected in the legal instruments establishing
the easements or rights-of-way shall be stated.
[13]
The location of the fifty-foot setback lines from the boundaries
of the quarry property and the location from the setback lines of
any quarried rock slopes, any buildings, equipment, quarry products
or other material erected or stored on the quarry property.
[14]
The location of all wooded areas and existing and proposed buffer
areas within the quarry property. Designation of any vegetation, including
trees, to be altered or removed during the upcoming license period
shall be indicated along with the reason.
[15]
Existing topographic contours, including all slopes and benches
within the quarry property (all elevations shall be based upon USC&GS
data):
[a] At two-foot intervals for slopes of less than 30%
(with contours highlighted at ten-foot intervals); and
[b] At ten-foot intervals for slopes of greater than
30% (with contours highlighted at fifty-foot intervals).
[16]
Location of places on the quarry property where quarrying is
to be conducted during the upcoming license period.
[17]
The anticipated ultimate limits of the quarry operation.
[18]
Proposed final ultimate contours of the land involved and adjoining
lands.
[19]
Location of all actual or proposed stream encroachments and
crossings, watercourses, drainage patterns, culverts, bridges, and
detention ponds within the quarry property.
[20]
Location of all existing structures and their uses within the
quarry property.
[21]
Location of all internal roadways, railroads, railroad rights-of-way,
parking areas showing parking bays, aisles, and driveways, high-tension
utility poles, and high-tension towers within the quarry property.
[22]
Location of all loading areas showing size and access within
the quarry property.
[23]
Location of all existing fencing, fencing planned to be constructed
during the upcoming license period, and future fencing and buildings
within the quarry property.
[24]
Location, direction of illumination, power, and type of exterior
lighting, including when the lighting will be used within the quarry
property.
[25]
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.
(4) Information describing roads and bridges to be used for access to
the quarry, including a description of the adequacy of those roads
for heavy truck traffic and any limitations that there might be with
respect to the adequacy of pavement, road shoulders, bridges, and
culverts; however, if the roads and bridges are state or county roads,
such descriptive information need not be provided.
(5) A copy of each restrictive covenant of every nature, easement or
interest of third parties, existing by deed or otherwise, affecting
the quarry property.
(6) Where the proposed quarrying operations involve any stream encroachment
or stream crossing during the upcoming license period, a description
and location of any encroachments or stream crossings shall be indicated
along with the anticipated date of application to the regulatory agencies.
(7) An aerial photo of the quarry property, in sufficient detail to clearly
show the perimeter of quarried areas, benches, improvements, stockpiled
materials, internal roadways, portable equipment, parking areas, and
other major features. The quarry boundaries, buffer zones, and property
limits shall be marked.
(8) A statement confirming that the most recently approved reclamation
plan is still valid, and that operations during the upcoming license
period will be compatible with it.
(9) A narrative describing the method of operation and the equipment
to be used in the operation and any anticipated changes in the location
and type of equipment (crushers or screening units).
(10)
The nature, location and phasing, including an estimated schedule for installation, of a screening plan to minimize the visibility of quarry operations to neighboring residents and persons utilizing adjacent roadways. The screening plan may be shown in the reclamation plan required by §
272-5. 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 site and plant material not presently on 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, augmented by the planting of evergreen trees to provide
four-season visual and noise barriers, and, if necessary, indicate
methods of preventing erosion through 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
with plantings, including evergreen trees, to provide effective visual
and noise screening; or, where effective visual screening is not feasible,
to minimize the visual impact of quarry operations.
(11)
An Environmental Impact Statement shall be submitted covering
in detail the following areas:
(a)
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:
[3]
Operation of quarry-owned or -operated vehicles on-site;
[4]
Operation of asphalt plants;
[5]
Operation of recycling operation;
[6]
Operation of loading trucks; and
(b)
Total traffic generated by the site, including but not limited
to passenger vehicles and truck arrivals and departures, all by the
time of day and points of ingress and egress.
(c)
A report prepared by a qualified expert that the noise limits
as established by law are not exceeded, including a complete detailed
report of all efforts being taken to reduce both the noise and vibration
created by blasting and related quarrying operations.
(d)
Methods and quantitative analysis to ensure that dust limits
established by law are met, including a complete detailed report of
all sources of dust from quarrying and a plan to control dust using
the best available practices and best available technology, including
a description of how dust emanating from stockpiles, roads, equipment,
operations 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. Copies of the approved Dust Control Plan
required by the State's NJPDES Permitting Program and the Dust
Management Plan required by the state's Air Permitting Program
may be submitted to satisfy this requirement.
(e)
Documentary confirmation that quarrying operations are consistent
with state regulations concerning water quality and quantity, including
for all streams, watercourses and wetlands on the quarry property,
and a description of efforts being taken to provide that water quality
will not be polluted or degraded and are protected from pollution,
siltation and environmentally unacceptable runoff. A copy of the Stormwater
Pollution Prevention Plan required by the state's NJPDES Permitting
Program may be submitted to satisfy this requirement.
(f)
Methods, including plans, to ensure that erosion will not occur
and that sediment will not be transported by stormwater runoff. Copies
of the approved Soil Erosion and Sediment Control Plan required by
the county and the Stormwater Pollution Prevention Plan required by
the state's NJPDES Permitting Program may be submitted to satisfy
this requirement.
(g)
A report from a licensed professional engineer that quarrying
operations are consistent with state 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. A
copy of the approved Emissions Monitoring Plan required by the state's
Air Permitting Program may be submitted to satisfy this requirement.
(h)
A full description of on-site changes anticipated during the
upcoming license period on a site plan with a description in narrative
form describing quarrying and the incidental activities associated
therewith and any reclamation activities.
(i)
A report on the licensee's activities since the last license
application on means undertaken by licensee to reduce noise, dust,
traffic or other environmental impacts from quarrying or quarrying-related
activities upon the public and properties within 200 feet of the quarry.
(j)
A copy of all required permit approvals issued by any state,
county or local regulatory agency for the quarry operations shall
be submitted. In addition, if additional permit approvals will be
required during the upcoming license period, then a description of
this shall be indicated and a copy of permit applications shall be
submitted.
(12)
The quarry's normal hours of operation, consistent with
this chapter.
(13)
The number of blasts tentatively anticipated during the license
year and their approximate scheduling.
(14)
Applicant shall provide proof of insurance, evidencing comprehensive
coverage (on- and off-site coverage), including the acts of independent
subcontractors or agents, including limits, coverage, and terms, not
less than outlined below:
(a)
Comprehensive general liability. Coverage to be provided, including
all premises, operations, products/completed operations, broad-form
property damage, personal injury, coverage for explosion, collapse,
and underground ("XCU" to be included), limits of liability for property
damage and bodily injury in the amount of $1,000,000 per occurrence
and $2,000,000 annual aggregate. The coverage is to be endorsed to
include per-project and per-location aggregate extension, and an endorsement
adding the Township of Delaware as an additional insured.
(b)
Automobile liability providing coverage for "any auto" that
is or could be the responsibility of the applicant. Coverage shall
provide for the inclusion of a contractual liability endorsement.
Limits of liability for property damage and bodily injury in the amount
of $1,000,000 each occurrence.
(c)
Workers' compensation coverage to provide coverage for all workers
of applicant, providing statutory coverage as required by the State
of New Jersey. Employers' liability limits of not less than $500,000
each accident, $500,000 disease policy limit, and $500,000 disease,
each employee.
(d)
Umbrella excess liability. Coverage to provide a follow form endorsement providing excess liability limits over Subsection
B(14)(a),
(b), and
(c) above. Limits of liability for property damage and bodily injury in the amount of $5,000,000 per occurrence and $5,000,000 annual aggregate. The coverage is to be endorsed to include per-project and per-location aggregate extension, and an endorsement adding the Township of Delaware as an additional insured.
(e)
General conditions:
[1]
All coverage must be provided by companies licensed to do business
in the state of New Jersey, with a minimum rating equivalent to an
A.M. Best rating of A-.
[2]
All policies above shall provide for a waiver of subrogation
in favor of the Township of Delaware.
[3]
All carriers shall agree to notify the Township of Delaware,
in no less than 10 days, of any change of the policies.
(15)
Information describing all written or electronic e-mail complaints
of which the applicant has knowledge filed with the applicant or the
New Jersey Department of Labor as to quarry operations during the
preceding license year. The applicant shall indicate all actions taken
in response to these complaints, including the outcome of any insurance
claims. In addition, information describing any permit violations
or enforcement documents issued by any state, county or local regulatory
agency for the quarry operations shall be submitted along with the
actions taken to correct any violations.
(16)
Certification of proof from the Township Tax Collector that
no taxes or assessments for local improvements are due or delinquent
on the quarry property, or any portion thereof.
C. Renewal license. Applications for the renewal of any license required by this chapter shall be made on a renewal application form. The renewal application shall contain all information required in this subsection. The renewal application may include copies of documents submitted in connection with earlier applications provided the information is still current and valid. The renewal application shall also contain the information required under §
272-8 concerning reclamation activity, if any, expected to be completed during the upcoming license period, and the performance bond (§
272-9), if required. When the license is to be renewed for a year during which the Township advises the applicant that the Township intends a comprehensive reexamination of its Master Plan, the applicant shall also submit 12 copies of its reclamation plan (§
272-5) with its renewal application.
(1) The name and address of the applicant, if an individual; the name,
residence and business address of each partner, if a partnership;
the name, date and state under which organized, if a corporation,
and if a foreign corporation, whether the same is authorized to do
business in the State of New Jersey. A corporate applicant shall also
indicate the names of directors, principal officers and local representatives,
their residences and business addresses, and designation of a person
upon whom service of process can be made. In the event the applicant
is not the owner, a written consent of the owner must be furnished
together with a copy of the quarry lease, agreement, or permit from
the owner to the applicant. All applicants shall consent to entry
upon the premises by the quarry inspector for the purpose of inspection.
(2) A legal description of the premises, including copies of the deed(s),
where the business is to be conducted.
(3) Maps, as described below. The maps required by this subsection may be included in the reclamation plan required by §
272-5. Required maps include the following:
(a)
An index map showing the quarry property and its general relation
to the surrounding areas at the scale of one inch equals not less
than 500 feet.
(b)
A plot plan of the quarry property, prepared, signed and sealed
by an engineer or land surveyor licensed in the State of New Jersey,
showing the entire tract and at least 200 feet therefrom and including
the following:
[1]
The plot plan shall be at a scale of one inch equals 100 feet.
If a larger scale is required to show specific areas and details,
supplemental maps shall be included at a larger scale, consistent
on all of the additional maps. If one sheet is not sufficient to contain
the entire property and surrounding area as required by this subsection,
the map shall be divided into sections, and shown on separate sheets
of equal size, with a basic index map and references on each sheet
to the adjoining sheets.
[2]
Title block showing:
[a] Name of quarry, municipality and county'
[b] Name and address of operation;
[d] Date and initials of preparation; and
[e] Name, address, signature and license number of
the preparers.
[4]
Revision box, showing date and initials for each revision.
[5]
All boundary lines with lengths of courses to hundredths of
a foot and bearing to one-half minute, with the error of closure not
to exceed one to 10,000. The boundary lines shall be in the New Jersey
State Plane Coordinate System, NAD 83, and shall show true and magnetic
North arrows.
[6]
Any municipal boundaries and the names of adjoining municipalities
within 200 feet of the quarry property.
[7]
Zone boundaries on the quarry property and within 200 feet.
[8]
Existing block and lot number(s) of the quarry property as they
appear on the most recent Municipal Tax Map. The boundary lines of
any leased premises, if such premises are only a portion of the entire
tract of the owner.
[9]
Acreage of each quarry property lot to the nearest tenth of
an acre, as well as the total acreage held in all of the quarry properties.
[10]
Block and lot numbers and names and addresses of the owners
of record of all adjacent properties within 200 feet as shown on the
most recent tax list prepared by the Tax Assessor.
[11]
The names, locations and widths of all existing, proposed, or
recorded streets, roads, buildings, railroads, railroad rights-of-way,
high-voltage utility poles, high-tension towers, bridges, culverts,
watercourses, and drainage rights-of-way intersecting the quarry property
or within 200 feet of the quarry property as shown on the most recent
Municipal Tax Map.
[12]
All easements or rights-of-way, whether public or private, on
the quarry property and within 200 feet of the quarry property as
shown on the most recent Municipal Tax Map. The purpose of the easements
or rights-of-way as reflected in the legal instruments establishing
the easements or rights-of-way shall be stated.
[13]
The location of the fifty-foot setback lines from the boundaries
of the quarry property and the location from the setback lines of
any quarried rock slopes, any buildings, equipment, quarry products
or other material erected or stored on the quarry property.
[14]
The location of all wooded areas and existing and proposed buffer
areas within the quarry property. Designation of any vegetation, including
trees, to be altered or removed during the upcoming license period
shall be indicated, along with the reason.
[15]
Existing topographic contours, including all slopes and benches
within the area that has been quarried (all elevations shall be based
upon USC&GS data):
[a] At two-foot intervals for slopes of less than 30%
(with contours highlighted at ten-foot intervals); and
[b] At ten-foot intervals for slopes of greater than
30% (with contours highlighted at fifty-foot intervals).
[16]
Location of places on the quarry property where quarrying is
to be conducted during the upcoming license period.
[17]
The anticipated ultimate limits of the quarry operation.
[18]
Proposed final ultimate contours of the land involved and adjoining
lands.
[19]
Location of all actual or proposed stream encroachments and
crossings, watercourses, drainage patterns, culverts, bridges, and
detention ponds within the quarry property.
[20]
Location of all existing structures and their uses within the
quarry property.
[21]
Location of all internal roadways, railroads, railroad rights-of-way,
parking areas showing parking bays, aisles and driveways, high-tension
utility poles, and high-tension towers within the quarry property.
[22]
Location of all loading areas showing size and access within
the quarry property.
[23]
Location of all existing fencing, fencing planned to be constructed
during the upcoming license period, and future fencing and buildings
within the quarry property.
[24]
Location, direction of illumination, power, and type of exterior
lighting, including when the lighting will be used within the quarry
property.
[25]
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.
(4) Information describing roads and bridges to be used for access to
the site, including a description of the adequacy of those roads for
heavy truck traffic and any limitations that there might be with respect
to the adequacy of pavement, road shoulders, bridges, and culverts;
however, if the roads and bridges are state or county roads, such
descriptive information need not be provided.
(5) A copy of each restrictive covenant of every nature, easement or
interest of third parties, existing by deed or otherwise, affecting
the quarry property.
(6) Where the proposed quarrying operations involve any stream encroachment
or stream crossing during the upcoming license period, a description
and location of any encroachments or stream crossings shall be indicated
along with the anticipated date of application to the regulatory agencies.
(7) An aerial photo of the quarry property, in sufficient detail to clearly
show the perimeter of quarried areas, benches, improvements, stockpiled
materials, internal roadways, portable equipment, parking areas, and
other major features. The quarry boundaries, buffer zones, and property
limits shall be marked.
(8) A statement confirming that the most recently approved reclamation
plan is still valid, and that operations during the upcoming license
period will be compatible with it.
(9) A narrative describing the method of operation and the equipment
to be used in the operation and any anticipated changes in the location
or type of equipment (crushers or screening units) from the last license
application.
(10)
The nature, location and phasing, including an estimated schedule for installation, of a screening plan to minimize the visibility of quarry operations to neighboring residents and persons utilizing adjacent roadways. The screening plan may be shown in the reclamation plan required by §
272-5. 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 site and plant material not presently on 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, augmented by the planting of evergreen trees to provide
four-season visual and noise barriers, and, if necessary, indicate
methods of preventing erosion through 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
with plantings, including evergreen trees, to provide effective visual
and noise screening; or, where effective visual screening is not feasible,
to minimize the visual impact of quarry operations.
(11)
An Environmental Impact Statement shall be submitted covering
in detail the following areas:
(a)
Methods and quantitative analysis to ensure that dust limits
established by law are met, including a complete detailed report of
all sources of dust from quarrying and a plan to control dust using
the best available practices and best available technology, including
a description of how dust emanating from stockpiles, roads, equipment,
operations 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. Copies of the approved Dust Control Plan
required by the state's NJPDES Permitting Program and the Dust
Management Plan required by the state's Air Permitting Program
may be submitted to satisfy this requirement.
(b)
Documentary confirmation that quarrying operations are consistent
with state regulations concerning water quality and quantity, including
for all streams, watercourses and wetlands on the quarry property,
and a description of efforts being taken to provide that water quality
will not be polluted or degraded and are protected from pollution,
siltation and environmentally unacceptable runoff. A copy of the Stormwater
Pollution Prevention Plan required by the state's NJPDES Permitting
program may be submitted to satisfy this requirement.
(c)
Methods, including plans, to ensure that erosion will not occur
and that sediment will not be transported by stormwater runoff. Copies
of the approved Soil Erosion and Sediment Control Plan required by
the county and the Stormwater Pollution Prevention Plan required by
the state's NJPDES Permitting Program may be submitted to satisfy
this requirement.
(d)
A report from a licensed professional engineer that quarrying
operations are consistent with state 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. A
copy of the approved Emissions Monitoring Plan required by the state's
Air Permitting Program may be submitted to satisfy this requirement.
(e)
A full description of on-site changes anticipated during the
upcoming license renewal period on a site plan with a description
in narrative form describing quarrying and the incidental activities
associated therewith and any reclamation activities.
(f)
A report on the licensee's activities since the last license
application on means undertaken by licensee to reduce noise, dust,
traffic or other environmental impacts that quarrying and quarrying-related
activities may have on the public and properties within 200 feet of
the quarry.
(g)
A copy of all required permit approvals issued by any state,
county or local regulatory agency for the quarry operations shall
be submitted. In addition, if additional permit approvals will be
required during the upcoming license period, then a description of
this shall be indicated and a copy of permit applications shall be
submitted.
(12)
The hours during which the quarry normally will be operated
consistent with this chapter.
(13)
The number of blasts tentatively anticipated during the license
year and their approximate scheduling.
(14)
Applicant shall provide proof of insurance, evidencing comprehensive
coverage (on- and off-site coverage), including the acts of independent
subcontractors or agents, including limits, coverage, and terms, not
less than outlined below:
(a)
Comprehensive general liability. Coverage to be provided, including
all premises, operations, products/completed operations, broad-form
property damage, personal injury, coverage for explosion, collapse,
and underground ("XCU" to be included), limits of liability for property
damage and bodily injury in the amount of $1,000,000 per occurrence
and $2,000,000 annual aggregate. The coverage is to be endorsed to
include per-project and per-location aggregate extension, and an endorsement
adding the Township of Delaware as an additional insured.
(b)
Automobile liability providing coverage for "any auto" that
is or could be the responsibility of the applicant. Coverage shall
provide for the inclusion of a contractual liability endorsement.
Limits of liability for property damage and bodily injury in the amount
of $1,000,000 each occurrence.
(c)
Workers' compensation coverage to provide coverage for all workers
of applicant, providing statutory coverage as required by the State
of New Jersey. Employers' liability limits of not less than $500,000
each accident, $500,000 disease policy limit, and $500,000 disease,
each employee.
(d)
Umbrella excess liability. Coverage to provide a follow form endorsement providing excess liability limits over Subsection
C(14)(a),
(b), and
(c) above. Limits of liability for property damage and bodily injury in the amount of $5,000,000 per occurrence and $5,000,000 annual aggregate. The coverage is to be endorsed to include per-project and per-location aggregate extension, and an endorsement adding the Township of Delaware as an additional insured.
(e)
General conditions.
[1]
All coverage must be provided by companies licensed to do business
in the state of New Jersey, with a minimum rating equivalent to an
A.M. Best rating of A-.
[2]
All policies above shall provide for a waiver of subrogation
in favor of the Township of Delaware.
[3]
All carriers shall agree to notify the Township of Delaware,
in no less than 10 days, of any change of the policies.
(15)
Information describing all written or electronic e-mail complaints
of which the applicant has knowledge filed with the applicant or the
New Jersey Department of Labor as to quarry operations during the
preceding license year. The applicant shall indicate all actions taken
in response to these complaints, including the outcome of any insurance
claims. In addition, information describing any permit violations
or enforcement documents issued by any state, county or local regulatory
agency for the quarry operations shall be submitted along with the
actions taken to correct any violations.
(16)
Certification of proof from the Township Tax Collector that
no taxes or assessments for local improvements are due or delinquent
on the quarry property, or any portion thereof.
By January 31 of each calendar year, the holder of a current
license shall submit the following information to the Township Clerk:
A. The location(s) of any vegetation, including trees, to be altered
or removed during the upcoming year, with the exception of any vegetation
to be removed for normal maintenance, shall be indicated along with
the reason.
B. The location of places where quarrying is to be conducted, including
removal of overburden soil, during the upcoming year.
C. The location and schedule for installation of any screening and/or
berms required to be installed in the upcoming year.
D. A summary of all permits and approvals issued by any state, county
or local regulatory agency for the quarry operations that will be
expiring during the upcoming year shall be submitted. The summary
shall include the type of permit and/or approval and the reference
number and the date the permit and/or approval will expire. A copy
of all permits and/or approvals that are renewed during the year shall
be submitted to the Township Clerk within 30 days following the issuance
of the permit and/or approval. In addition, if additional permits
and/or approvals will be required during the upcoming year, then a
description of the type of permit, reason and anticipated date of
application shall be submitted. A copy of all new permits and/or approvals
that are issued during the year shall be submitted to the Township
Clerk within 30 days following the issuance of the permit and/or approval.
E. A summary of any anticipated changes in the location or type of significant
operating equipment (crushers, screening units, magazines) during
the upcoming year. A map shall also be included indicating the proposed
changes to any locations of such equipment.
F. Copies of any inspection reports that are issued by any federal,
state, county, or local regulatory agencies during the preceding year
shall be submitted.
G. Information describing any permit violations or enforcement documents
issued by any federal, state, county or local regulatory agency for
the quarry operations during the preceding year shall be submitted,
along with the actions taken to correct any violations. Copies of
the enforcement documents shall also be submitted.
H. Information describing any written or electronic e-mail complaints
of which the holder of the current license has knowledge of that were
filed with the quarry operator or with any federal, state, county
or local regulatory agency as to quarry operations during the preceding
year shall be submitted. The current license holder shall indicate
all actions taken in response to these complaints, including the outcome
of any insurance claims.
I. A report on the license holder's activities since the last license
application on means undertaken by license holder to reduce noise,
dust, traffic, and other environmental impacts that quarrying and
quarrying-related activities may have on the public and properties
within 200 feet of the quarry.
J. Applicant shall provide proof of insurance, evidencing comprehensive
coverage (on and off-site coverage), including the acts of independent
subcontractors or agents, including limits, coverage, and terms, not
less than outlined below:
(1) Comprehensive general liability. Coverage to be provided, including
all premises, operations, products/completed operations, broad-form
property damage, personal injury, coverage for explosion, collapse,
and underground ("XCU" to be included), limits of liability for property
damage and bodily injury in the amount of $1,000,000 per occurrence
and $2,000,000 annual aggregate. The coverage is to be endorsed to
include per-project and per-location aggregate extension, and an endorsement
adding the Township of Delaware as an additional insured.
(2) Automobile liability providing coverage for "any auto" that is or
could be the responsibility of the applicant. Coverage shall provide
for the inclusion of a contractual liability endorsement. limits of
liability for property damage and bodily injury in the amount of $1,000,000
each occurrence.
(3) Workers' compensation coverage to provide coverage for all workers
of applicant, providing statutory coverage as required by the State
of New Jersey. Employers' liability limits of not less than $500,000
each accident, $500,000 disease policy limit, and $500,000 disease,
each employee.
(4) Umbrella excess liability. Coverage to provide a follow form endorsement providing excess liability limits over Subsection
J(1),
(2), and
(3) above. Limits of liability for property damage and bodily injury in the amount of $5,000,000 per occurrence and $5,000,000 annual aggregate. The coverage is to be endorsed to include per-project and per-location aggregate extension, and an endorsement adding the Township of Delaware as an additional insured.
(5) General conditions.
(a)
All coverage must be provided by companies licensed to do business
in the state of New Jersey, with a minimum rating equivalent to an
A.M. Best Rating of A-.
(b)
All policies above shall provide for a waiver of subrogation
in favor of the Township of Delaware.
(c)
All carriers shall agree to notify the Township of Delaware,
in no less than 10 days, of any change of the policies.
To the extent required by §
272-8, the applicant shall submit a performance bond with adequate surety to assure reclamation of the site of operations pursuant to the provisions of §
272-8 above for the ensuing year in accordance with the following standards:
A. The surety thereon shall be a recognized surety company authorized
to do business in the State of New Jersey and approved by the Township
Committee.
B. The form of the performance bonds shall be subject to approval by
the Township Committee and shall be in such amount as may be approved
by the Township Committee and subject to the recommendation of the
Township Engineer as to the amount sufficient to guarantee the excess
cost of completion of such portion of the reclamation plan intended
to be completed during the ensuing year.
C. Semiannual inspections shall be made by the quarry inspector to evaluate
performance of the applicant with respect to reclamation procedures.
A report of his findings shall be submitted to the Township Committee.
D. At the request of the applicant and subject to the recommendation
of the Township Engineer, the amount of the performance bond shall
be adjusted, provided the basis therefor is substantiated by said
applicant.
The office of Quarry Inspector is hereby created and established.
The Quarry Inspector shall be the Township Engineer and shall receive
such compensation for the time he/she reasonably devotes to the work
involved therein as he/she receives for comparable engineering or
inspection work for the Township. The duties of the Quarry Inspector
shall be to conduct a periodic inspection of the licensed premises
in order to determine whether operations are being conducted in accordance
with the application therefor and the terms and provisions of this
chapter, as well as other regulations. Such inspections shall be no
fewer than semiannual and more frequent if, in opinion of the Township
Committee, the public interest requires it. The licensee will be notified
by the Township of any action to consider more frequent inspections.
The Quarry Inspector shall also submit written reports of such inspections
as required by the Township Committee and be placed on file. Any such
reports shall also be furnished to the licensee.
All license applications shall be reviewed by the Quarry Inspector
and certified as to whether they comply with the requirements of this
chapter. Licenses shall be valid for a ten-year period and expire
on July 31 of each ten-year period and be renewed every 10 years upon
filing an application therefor in accordance with the standards outlined
above. Initial licenses issued after July 31 of a calendar year shall
expire on July 31 of the following ten-year period. A quarry presently
in operation may, upon filing a renewal application for license as
provided above, continue in operation pending action upon said application
by the Township Committee. Where the approval of or certification
by county, state or federal regulatory agencies or departments is
required, such approvals or certifications shall be attached to the
application before action by the Township Clerk.
After 10 days' notice and an opportunity to be heard, the
Township Committee may revoke or suspend any license issued under
this chapter if it finds that the licensee is violating the terms
or provisions of this chapter.
This chapter shall be enforced by the Township Engineer of the
Township, who shall investigate any violation thereof coming to his/her
attention, whether by complaint or arising from his own personal knowledge.
If a violation is found to exist, he/she shall serve a written notice
by certified mail or personal service upon the owner or person so
designated to accept service of process, but if the owner or person
so designated cannot be served, then upon the person in charge of
the licensed premises. If an owner or person so designated or person
in charge 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 Township Engineer 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 Township Engineer shall
notify the Township Committee and prosecute a complaint to terminate
the violation in municipal court.