Township of Union, NJ
Hunterdon County
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Table of Contents
Table of Contents
[Ord. No. 87-6 § 1]
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 insure that quarrying operations shall be conducted in such manner as to create a minimum of annoyance from noise and dust to nearby property owners or occupants of property, provide for the safety of persons, particularly children; and further to insure that the quarried area shall be suitable and reasonably rehabilitated after quarrying operations have been completed or otherwise terminated.
[Ord. No. 87-6 § 1]
As used in this chapter:
OPERATOR
Shall mean any person engaged in and controlling the business of conducting a quarry.
QUARRY
Shall mean a place where stone, shale, slate, bank run material, sand, gravel, soil or earth is commercially excavated, removed, crushed, washed, graded or otherwise processed.
QUARRY BOUNDARIES
Shall be the boundary lines of the premises licensed under this chapter.
QUARRYING
Shall mean 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, gravel, soil or earth and the removal thereof from quarry premises and other related activities.
RECLAMATION
Shall mean the reconditioning of the area of land affected by quarrying operations to restore same to a productive, attractive and environmentally safe use after termination of quarrying operations.
RECLAMATION PLAN
Shall mean a written proposal approved by the Planning Board of the Township 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 prepared by a licensed professional engineer and land surveyor licensed in the State of New Jersey, unless otherwise provided by Statute.
SMALL QUARRY OPERATOR
Shall mean an operator who as part of its license application proposes to extract, and extracts less than 4,000 tons of marketable quarry products in a license year and who extracts less than 15,000 tons over a period of five license years from each licensed quarry.
[Ord. No. 87-6 § 1]
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.
[Ord. No. 87-6 § 1; Ord. No. 2017-10]
Applications for licenses required by this chapter shall be made upon forms provided by the Municipal 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; the name, date and State under which organized, if a corporation; and, if a foreign corporation, whether same is authorized to do business in the State of New Jersey. A corporate applicant shall indicate the names of directors, principal officers and local representatives, their residences and business addresses, and make a designation of a person upon whom service of process can be made. All applicants shall consent to entry upon the premises by the Quarry Inspector for the purpose of inspection.
b. 
A current legal description of the premises where the business is to be conducted and a map of the premises prepared by a licensed professional engineer and land surveyor licensed in the State of New Jersey showing: the entire tract involved; all roads or buildings on the tract or within 500 feet thereof; existing and proposed final contours of the land involved and adjoining lands; contours to be created by the quarrying operation at two foot intervals for grades up to 10% and five foot intervals for grades 10% or greater; all wooded areas, brooks, streams or bodies of water on the tract involved and within 500 feet therefrom; and all actual or proposed stream encroachments and crossings.
The map shall also include fifty-foot set-back lines from each quarry boundary and the location and distance from the setback lines of any quarried rock slope, and any building, equipment, quarry products or other material erected or stored on the quarry site.
Where the proposed quarrying operations involve any stream encroachment or stream crossing, the applicant shall submit a written approval or waiver of such encroachment and/or crossing by the New Jersey Department of Environmental Protection, dated within 30 days of the license application, or dated within 30 days of a license renewal application if the stream encroachment or stream crossing is to occur within the period covered by such renewal application.
c. 
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 of any interest of those persons in adjoining property. 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. The map submitted in such case shall show the boundary lines of the leased premises if such premises are only a portion of the entire tract of the owner, and these shall be the quarry boundaries.
d. 
Plans and specifications indicating places where quarrying is to be conducted, all entrances or exits to the tract involved, fences (including location, height and type), gates or buildings erected or to be erected (including outside dimensions and precise location), equipment used or to be used in the operation and 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. The owner or operator shall provide and/or maintain effective visual screening of quarry operations. 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:
1. 
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 planting of ground cover material.
2. 
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.
f. 
The hours during which the quarry normally will be operated consistent with this chapter.
g. 
Certificate of insurance attached to the application or, in the case of an initial application, a certificate of availability of insurance evidencing on-site and off-site comprehensive general liability coverage (including coverage for subcontractors/independent contractors) in amounts of not less than $2,000,000 combined single limit, including bodily injury, death, and property damage. In addition, the certificate shall evidence Commercial Pollution Legal Liability Insurance with policy limits of $1,000,000/$2,000,000, Coverage A. On-Site Clean Up of Pollution Conditions; Coverage B. Legal Liability for Pollution Conditions; Automobile Insurance with a policy limit of $1,000,000; Workers Compensation and Employers Liability with a limit of $1,000,000; and Umbrella Insurance with a limit of $5,000,000. All such insurance certificates shall contain an endorsement naming the Township of Union as an additional insured, utilizing form CG 20 12 05 09 - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations, Commercial General Liability, or equivalent. In addition, the applicant shall supply a signed indemnification and hold harmless agreement to the Township of Union in a form acceptable to the Township Attorney, indemnifying and holding the Township of Union harmless from any and all liability or claims in connection with the applicant's quarrying operations.
[Ord. No. 2017-10]
h. 
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.
[Ord. No. 87-6 § 1]
Prior to approval of any application, a plan for reclamation of the site shall be submitted to the Municipal Clerk. This plan, which shall include the data required under subsection 20-1.4b, shall show the ultimate plans for the quarry site after quarrying operations have terminated. It shall contain the following minimal provisions for the safety of the public and for the preservation of land values, both of the quarry site and of surrounding areas. It shall also indicate measures to be taken during the quarrying operations which will progressively fulfill these provisions and the overall reclamation plan.
a. 
The material involved in all ultimate slopes shall be stabilized and no ultimate slope shall exceed the angle of repose for the material(s) of which it is comprised. All slopes must be constructed in such a way as to retain a top layer of topsoil of not less than six inches in thickness. Ultimate rock quarry faces may be sloped in excess of 45° if the following four conditions are met:
1. 
The slopes are benched with benches no less than 20 feet in width and at heights which the Planning Board finds will provide sufficiently safe conditions;
2. 
Competent engineering evidence is produced to show that the material(s) in the face will remain stable at such ultimate angle;
3. 
No portion of any slope shall be less than 30° from the vertical; and
4. 
A statement of safety precautions to be provided relative to such slopes is submitted and found sufficient by the Planning Board.
b. 
All ultimate slopes and benches shall be drained in such manner as to minimize the chances of erosion or sedimentation and all ultimate slopes and benches shall be planted with rootable plant ground cover material in sufficient number and size to prevent erosion and sedimentation. Adequate access ways shall be provided to all benches.
c. 
All ultimate slopes shall set back a minimum of 50 feet from property lines of the licensed premises.
d. 
Arable soil capable of supporting vegetation shall be retained or brought upon the premises in sufficient quantity to be distributed to a minimum depth of six inches over those portions of the premises which the reclamation plan requires to be covered with such arable soil.
e. 
To the extent practicable, the area where quarrying operations has already occurred on the site shall be reclaimed prior to the opening of a new on-site quarrying area, and reclamation procedures shall be carried on concurrently with quarrying operations.
f. 
Adequate drainage shall exist both during quarrying operations and after they have been terminated.
g. 
Adequate lateral support slopes and grades abutting streets and adjoining lands shall exist both during quarrying operations and after they have been terminated.
h. 
Quarrying which will reduce the quarried area below the grade of the lowest adjoining property or road is prohibited.
The reclamation plan shall remain in effect until such time as quarrying operations are terminated, and until the reclamation has been completed in accordance with the reclamation plan as most recently updated and approved. Reclamation plans shall be updated and amended or revised annually for presentation with the application for license renewal.
Each reclamation plan must contain provisions that it can and will be complete within a period of one year after termination of quarrying operations.
[Ord. No. 87-6 § 1]
The Planning Board shall review the site plan, the screening plan, the reclamation plan and such other data as is submitted therewith, and, within 90 days after the filing of the proper application documents, recommend to the Municipal Clerk the grant or denial of the license. Its recommendation shall be based upon a finding that the applicant has complied with each of the pertinent provisions of this chapter and that the reclamation plan is calculated to leave the quarried premises in a condition which, under the particular circumstances, is in the best interest of the Township. The Planning Board shall consult with the Township Engineer and shall have full power and authority to make such other investigation as shall be pertinent to the preparation of its recommendation.
a. 
Initial Application.
1. 
In the event that the Planning Board shall recommend the grant of the license in accordance with the site plan, screening plan, reclamation plan, and other data submitted by the applicant, and upon posting of a performance bond as herein-below established and upon payment of a license fee, the Municipal Clerk shall issue the license forthwith.
2. 
In the event that the Planning Board shall recommend the denial of the license, the Municipal Clerk shall not act except to so inform the Township Committee and set the matter down for hearing as hereinbelow provided.
3. 
Nothing herein contained shall be deemed to preclude the applicant's changing the site plan or binding itself to conform to the specific recommendations of the Planning Board and, in the event of such conforming change or guarantee, the Municipal Clerk shall issue the license forthwith.
b. 
Renewal of License. Upon application for renewal, the applicant shall be required to resubmit a site plan and shall in writing:
1. 
Indicate those changes or differences which have taken place or occurred since its last application.
2. 
Set forth those changes in performance or maintenance guarantees required by actual performance or changed conditions. No changes or additions shall be made to the operating plans, screening plans, reclamation plans or other operations set forth in previously approved licenses unless the Planning Board specifically approves such changes.
3. 
Set forth fully all reclamation, screening, and similar operations which have been completed during the past year.
4. 
File performance and maintenance bonds in the amount determined by the Township Engineer to be sufficient to cover the cost of the reclamation work required by the initially approved site plan, as officially amended, to be performed during the ensuing year and maintenance of improvements during the ensuing year.
5. 
In the event of a dispute as to the amount of the performance and maintenance bonds or the 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 Township Engineer or other municipal agency.
c. 
Action by Township Committee. In the event the Planning Board shall recommend a denial of the grant of a license or a renewal thereof, the Planning Board shall inform the Township Committee, which shall set the matter down for an advertised public hearing within 60 days of the date of the negative recommendation, which hearing shall be held by the Township Committee.
The applicant, upon notice of the date of hearing, shall notify all persons within 200 feet of the quarry within the time and in the manner provided by subsections 7.1(a), (b), (c), (d), (e) and (f) of the Municipal Land Use Law, N.J.S.A. 1975 c. 219 et seq.
The Township Committee shall, upon such hearing, give the applicant an opportunity to be heard and shall determine the matter no later than at its next regular meeting.
[Ord. No. 87-6 § 1]
Prior to approval of any application for a license, the applicant shall submit a performance bond with adequate surety or other performance guarantee in a form acceptable to the Township Attorney and Engineer to assure screening and reclamation of the site of operations pursuant to the provisions of subsection 20-1.5 above for the ensuing year in accordance with the following standards:
a. 
The form of the performance bond 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 completion of fencing, screening, and such portion of the reclamation plan intended to be completed during the ensuing year.
b. 
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.
c. 
Periodic inspections shall be made by the Quarry Inspector to evaluate performance of the applicant with respect to reclamation procedures. A report of his/her findings shall be submitted to the Township Committee.
d. 
At the request of the applicant, the amount of the performance guarantee shall be adjusted annually provided the basis therefor is substantiated by the applicant.
e. 
The performance guarantee shall be renewed annually during the period that quarrying operations are conducted and until completion of reclamation and shall be sufficient to cover costs of performance and maintenance guarantees during the ensuing year as required by subsection 20-1.6.
[Ord. No. 87-6 § 1]
Each application shall be accompanied by a deposit of $2,000 payable to the Township to establish an escrow deposit account in favor of the quarry applicant, to be administered in the manner prescribed by the current Land Use Code of the Township of Union. It is intended that each applicant or licensee shall bear the reasonable costs of:
a. 
The engineering and other professional examination of the initial application and of all renewal applications,
b. 
All inspections of the quarry premises as provided in this chapter, and
c. 
An overhead factor of 10% of such direct costs; provided that such costs in total shall not exceed $3,500 in any license year.
The Township Engineer and other professionals shall submit periodic bills to the Township for services rendered respecting each quarry. Thereupon, the Township Administrative Officer shall debit the respective quarry deposit account for an amount equal to the Township Engineer's/professional's bills plus 10% thereof and send a debit memo and copy of the Engineer's/professional's bills to the applicant or licensee. When a debit exhausts the deposit account held in favor of an applicant or licensee, the Township Administrative Officer shall request the applicant or licensee to make an additional deposit sufficient to create a credit balance. Failure to make such deposit after demand therefor shall constitute grounds for the Planning Board to refuse to recommend the initial license or a renewal thereof or for the Township Committee to revoke or suspend a license issued under this chapter.
In addition to the foregoing, the applicant shall pay an annual quarry license fee of $250 payable prior to the issuance of the quarry license and of each annual renewal thereof.
In the case of a small quarry operator,
a.
Each initial application shall be accompanied by a deposit of $1,000.
b.
The engineering costs and overhead for which the licensee shall be responsible shall not exceed $1,500 in any license year; and
c.
The annual quarry license fee shall be $100.
[Ord. No. 87-6 § 1]
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. Such inspections shall be no fewer than annual and more frequent if, in the opinion of the Township Committee, the size and nature of the quarry operation justifies it. The Quarry Inspector shall also submit written reports of such inspections as may be required by the Township Committee and placed on file.
[Ord. No. 87-6 § 1]
a. 
Unless otherwise regulated by State or Federal regulation:
1. 
Quarrying and related operations shall be conducted for a period not in excess of 9 1/2 gross hours per day, starting at 7:00 a.m. ending 4:30 p.m.
2. 
Quarrying or related operations shall not be conducted on Sundays, except for emergency equipment maintenance.
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 in order to prevent the dissemination of dust.
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. 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 chain-link fence of a minimum height of six feet, with normal barbed wire protection added to the top, 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 one-third segments over three years but not less than 2,000 linear feet per year.
g. 
Blasting and the use of explosives shall be in conformity with the New Jersey Statutes and regulations and Federal regulations where applicable. The licensee shall notify the Office of the Municipal Clerk at least 24 hours in advance of any scheduled blasting time.
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 maintained at no greater than 200-foot intervals on the perimeter fence, warning of the potential hazard of climbing over the fence.
i. 
Where conveyors discharge materials of less than one inch in diameter onto stockpiles of such material, and where the free and uncontained fall of the 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 on the material as it falls from the conveyor to the stockpile in such manner as to reduce the accumulation and dissemination of dust.
j. 
Whenever the licensed premises abuts a public street or road, a solid and continuous landscape screen shall be planted and maintained. The landscaping shall be designed by a licensed landscape architect and shall consist of massed evergreen and deciduous trees and shrubs of such species and spacing as will provide within five years of their planting date a solid and continuous screen throughout the full course of the year. The licensee shall at all times adequately maintain this landscape screen as well as all other visual screening shown upon the licensee's approved license applications as a continuing obligation and as a condition of renewal of the license.
k. 
All crushing and processing of quarry materials shall be conducted by 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 and air pollution to best management practices as defined by the Federal Environmental Protection Agency and the State Department of Environmental Protection, during quarrying operations and after termination of same. Tracking pads shall be installed at all quarry exits to the satisfaction of the Township Engineer. All tracking pads must be adequately maintained at all times.
m. 
The licensee shall be responsible for the prompt removal of any trash, unused machinery or vehicles or graffiti placed in the quarry, and shall maintain the licensed premises at all times in a reasonably neat and orderly condition.
[Ord. No. 87-6 § 1]
All license applications shall be reviewed by the Quarry Inspector and shall be certified as to whether they comply with the requirements of this chapter. Licenses shall expire on December 31 of each year and 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. A quarry presently in operation may, upon filing an initial application for license as provided above, continue operation pending action upon the application by the Township Committee. Where the approval of or certification by State or Federal regulatory agencies or departments is required, such approvals or certifications shall be attached to the application before action by the Municipal Clerk.
[Ord. No. 87-6 § 1]
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.
[Ord. No. 87-6 § 1]
This chapter shall be enforced by the Zoning Officer of the Township, who shall investigate any violation thereof coming to his/her attention, whether by complaint, or arising from his/her own personal knowledge. If a violation is found to exist, he/she shall serve 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 upon the party 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 Zoning Officer 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 Zoning Officer shall notify the Township Committee and prosecute a complaint to terminate the violation in Municipal Court.
All initial applications shall be made within three months of the effective date of this section for the next calendar year of operations. In the interim, all existing quarrying operations shall be deemed not to be in violation of this chapter.
[Ord. No. 87-6 § 1]
a. 
Any operator of a quarry or any agent, servant or employee of such operator or any person directly or indirectly connected with a quarrying operation who shall violate any provisions of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day such violation continues shall be determined a separate offense. Further, the Zoning Officer of the Township or any other interested party as defined in N.J.S.A. 40:55D-4, may, in addition to the other remedies provided in this chapter, institute appropriate actions or proceedings to restrain, correct, or abate violations of this chapter.
b. 
The penalties set forth in paragraph a above shall be in addition to any suspension or revocation which may be imposed pursuant to subsection 20-1.12.