The purpose of this chapter is to specify the minimum requirements necessary to secure a permit for the operation of a quarry as defined in §
213-2. This chapter establishes the rules and regulations needed to ensure the protection of the public health, safety and welfare of the Township of Pohatcong and its inhabitants. The intent is to ensure that quarry operations will be performed in a manner that is protective of public health and the environment with minimal nuisance from noise or dust emissions and to ensure that sites used for quarry operations will be reasonably rehabilitated upon termination of quarry operations.
For purposes of this chapter, certain words as used herein shall
be defined as follows:
PERSON
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
PROCESSING
Crushing, grinding, mixing, screening, stockpiling, loading
and all other procedures necessary to prepare the stone, shale, slate
or other natural mineral resources of the quarry for removal from
the quarry premises.
QUARRY
A type of open-air mine where natural earth materials such
as rock, building stone, sand, and/or gravels are extracted for off-site
uses.
QUARRYING
The business of the extraction, processing and transportation
of natural earth materials for financial gain used for construction
and/or land development.
RECLAMATION
The deliberate reconditioning of the area of land affected
by quarrying operations to restore the land to conditions suitable
for other uses upon termination of quarrying operations.
RECLAMATION PLAN
A written proposal 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 signed and sealed by a licensed professional
engineer as may be required pursuant to this chapter.
It shall be unlawful for any person to conduct the business
of quarrying within the Township of Pohatcong without first having
obtained a permit therefor in accordance with this chapter.
The Township Engineer or his authorized representative is hereby
designated as Quarry Inspector, whose duty shall be to conduct a yearly
inspection of the permitted premises in order to determine whether
operations are being conducted in accordance with the application
therefor and the terms and provisions of this chapter. The Quarry
Inspector shall also submit written reports of such inspections to
the Township Council. The Quarry Inspector is further designated as
the enforcing officer of this chapter and shall investigate any and
all alleged violations thereof.
After 10 days' notice and an opportunity to be heard, the
Township Council may suspend any permit issued under this chapter
if it finds that the permittee is violating a material term or provision
hereof or any applicable statute of the State of New Jersey in such
fashion as will be substantially detrimental to the health, safety
or welfare of any of the inhabitants of the Township.
This chapter shall be enforced by the Township Engineer, who
shall investigate any violation of this chapter coming to his attention,
whether by complaint or arising from his own personal knowledge. If
a violation is found to exist, he shall serve a written notice, by
certified mail or personal service, upon the owner or other party
in charge of the permitted premises, which notice shall require said
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 said person fails to abate said violation
within the time specified, the Township Engineer shall notify the
Township Council and prosecute a complaint in Municipal Court to terminate
said violation.
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a penalty in accordance with Ch.
153, General Penalty. Each day that a violation or offense continues shall constitute a separate violation hereof.