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Borough of Bernardsville, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #770 § 1]
It is the intent of this chapter to:
a. 
License and regulate quarries for the protection of persons and property and for the preservation of the public health, safety and welfare of the Borough and its inhabitants;
b. 
Insure that quarrying operations shall be conducted in such a manner as to create a minimum of annoyance from noise and dust to nearby owners or occupants of property;
c. 
Provide for the safety of persons, particularly children;
d. 
Insure that the quarried area shall be suitably and reasonably rehabilitated after quarrying operations have been completed or otherwise terminated;
e. 
Protect the environment by minimizing air pollution, prevent surface and subsurface water pollution; and
f. 
Alleviate to the extent practicable the adverse effects of truck traffic congestion.
[Ord. #770 § 2]
As used in this chapter:
PERSON
Shall mean and include any person, firm, partnership, association, corporation, company or organization of any kind.
QUARRY
Shall mean and include a place where stone, slate, or other natural mineral resources are blasted, excavated, crushed, washed or graded.
QUARRYING
Shall mean and include the business of conducting a quarry, including the sale and shipping of excavated material.
[Ord. #770 § 3]
It shall be unlawful for any person to conduct the business of quarrying within the Borough without first having obtained a license in accordance with the requirements of this chapter.
[Ord. #770 § 4]
Applications for licenses required by this chapter shall be upon forms provided by the Borough Clerk and shall be signed, 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 of incorporation, name and address of all officers and stockholders, if a corporation; and if a corporation not incorporated in the State of New Jersey, whether the same is authorized to do business in the State of New Jersey; the name and address of all plant officers, plant manager and plant engineer; the name and address of all partners if any stockholder is a partnership; and the name and address of all officers if a stockholder is a corporation.
b. 
Data relative to the ownership of the property involved. In the event the applicant is not the owner, written consent of the owner must be furnished.
c. 
Three copies of prints and one original of a plot plan encompassing the requirements as set forth in paragraph d below along with a detailed narrative as required in paragraph e below shall be submitted with the license application.
d. 
A plot plan of the premises prepared by an engineer or land surveyor licensed in the State of New Jersey showing the entire tract and encompassing the following:
1. 
The submission shall be at a scale of one inch equals 100 feet, except that if a large scale is required to show specific areas and details, supplemental maps shall be included at the larger scale. If one sheet is not sufficient to contain the entire property and surrounding area as required herein, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.
2. 
A key map showing the entire tract and its relation to the surrounding areas at the scale of one inch equals not less than 2,000 feet.
3. 
Title block.
(a) 
Name of quarry, municipality and county.
(b) 
Name and address of operation.
(c) 
Scale.
(d) 
Date of preparation.
(e) 
Name, address, signature and license number of the preparer.
4. 
Graphic scale.
5. 
Revision box.
6. 
All boundary lines with lengths of courses to 100th of a foot and bearing to 1/2 minutes, the error of closure not to exceed one to 10,000. The boundary lines shall be in the New Jersey Coordinate System.
7. 
Any municipal limits within 200 feet of the property and the names of adjoining municipalities.
8. 
Zone boundaries.
9. 
Existing block and lot number(s) of the property as they appear on the municipal Tax Map.
10. 
Block and lot number and name and address of the owner or owners of record and all property owners within 200 feet of the extreme limits of the property as shown on the most recent tax list prepared by the Tax Collector.
11. 
Acreage of the property to the nearest tenth of an acre.
12. 
The names, location and width of all existing or recorded streets, water courses and drainage rights-of-way intersecting the property, adjacent to the property and within 500 feet of the extreme limits of the property as shall be shown on the Tax Map of the Borough.
13. 
All streets existing or proposed as shown on the official map or the master plan within 500 feet of the extreme limits of the property as shall be shown on the Tax Map of the Borough.
14. 
The location of all buildings, railroads, railroad right-of-way, bridges, culverts, drainage, utility poles, high tension towers, and water courses within 500 feet of the extreme limits of the property as shall be shown on the Tax Map of the Borough.
15. 
All existing easements or right-of-way, whether public or private, with the limits and purpose of the easements rights being stated on the plat, within 500 feet of the extreme limits of the property as shall be shown on the Tax Map of the Borough.
16. 
All public property within 500 feet of the extreme limits of the property with the uses designated.
17. 
For the property itself, the information required in subparagraphs 14 and 15 above.
18. 
A copy of all restrictive covenants of every nature existing by deed or otherwise affecting the property.
19. 
The location of wooded areas within the property and within 500 feet of the extreme limits of the property.
20. 
Existing contours of two-foot intervals for slope of less than 30% and a ten-foot interval for slopes of greater than 30% for the property and the area within 500 feet of the extreme limits of the property. Spot elevations of all adjacent properties, state highway, railroad and driveway entrance. All elevations shall be based upon USC & CS data.
21. 
Location of all existing structures and their uses.
22. 
Location of all internal roadways.
23. 
Location of all parking areas showing parking bays, aisles, etc.
24. 
Location of all noise suppression devices, along with details and a written report describing the facilities and the anticipated effect.
25. 
Location of all loading areas showing size and access.
26. 
Location and size of all signs.
27. 
Location of all existing fencing; fencing to be constructed during the twelve-month license period and future fencing.
28. 
Location, direction of illumination, power, and type of exterior lighting, including when the lighting will be used.
29. 
Existing and proposed buffer areas (shall be marked in the field), detailed screening and landscaping plans.
30. 
All means of vehicular ingress and egress to and from the site onto public streets, showing the design and location of driveways and curb cuts, including any necessary devices to prevent a hazardous traffic situation.
31. 
Plans and computations for handling storm water discharge from the property based upon a 100-year design storm and the method(s) to be used to prevent additional runoff from occurring.
32. 
A soil sedimentation and erosion control plan for the property.
33. 
The anticipated ultimate limits of the quarry operation.
34. 
The contours to be created by the quarry operation during both the next 12 months and for the anticipated life of the quarry.
35. 
An annual aerial photograph of the site in sufficient detail to show clearly perimeter of quarried material, benches, improvements, stockpiled material, internal roadways, portable equipment, parking areas and similar features. The photo shall be marked to show quarry boundaries and buffer zones.
e. 
An Environmental Impact Statement shall be submitted covering in detail the following areas:
1. 
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:
(a) 
Blasting.
(b) 
Crushing.
(c) 
Operation of quarry owned or operated vehicles on-site.
(d) 
Operation of blacktop plant.
(e) 
Operation of concrete plant.
(f) 
Operation of loading trucks.
(g) 
Operation of loading of railroad cars.
(h) 
Maintenance operations.
2. 
Materials to be quarried, anticipated sales (by unit) and previous year's sales (by unit) of quarried material, blacktop material and concrete material.
3. 
Total traffic generated by the site including, but not limited to, passenger vehicle arrivals and departures, truck arrivals and departures, and rail arrivals and departures, all by the time of day and entrance.
4. 
Methods and quantitative analysis to insure that noise limits as established by the Board of Health are not exceeded, including a complete detailed report of all efforts being taken to reduce both the noise and vibration created by blasting.
5. 
Methods and analysis to insure that potable water quality and quantity will not be polluted or decreased and that the quantity of storm water runoff will not be increased. Water quality shall be subject to approval by the Board of Health.
6. 
Methods (including plans) to insure that erosion will not occur and that sediment will not be transported by storm water runoff.
7. 
Methods to insure that air pollution from blacktop plant, concrete plant, and quarry operations will be minimized.
8. 
Full description of on-site changes anticipated during the next 12 months and projected date of submission of site plan application. Said description shall be in narrative form describing both quarrying and the incidental activities associated therewith. The narrative shall be binding upon the applicant and a substantial deviation from the narrative shall constitute a violation of this chapter.
9. 
Summary of all complaints, both verbal and written, received and action taken concerning those complaints during the preceding 12 months.
10. 
Additional information as required to fully document the operation of the quarry.
[Ord. #770 § 5]
a. 
Prior to approval of the initial application, a plan for rehabilitation of the site incorporating the data required under subsection 19-2.2d shall be submitted with the application and referred to the Planning Board for report. The Planning Board shall make its report within a period of 45 days after referral. The applicant shall insure that after quarry operations are terminated, the site shall be made reusable for a use permitted in the particular zone affected in accordance with applicable standards of the Zoning Ordinance of the Borough. In no case shall slopes of steeper than two feet horizontal to one foot vertical be left after such termination. Nothing in this paragraph shall preclude the applicant from submitting alternative plans for rehabilitation of the site and revisions of same from time to time. The alternative plans and revisions shall be reviewed by the Borough Engineer and the Borough Council and approved by the Planning Board. Regardless of changes or revisions, the rehabilitation plan shall be reviewed at least once every five years. After the quarry operation is terminated, the area shall be brought to a final grade by a layer of earth two feet in thickness or its original depth, whichever is less, capable of supporting vegetation, unless an alternate depth is approved by the Planning Board. Fill shall be of a suitable material approved by the Borough Engineer.
b. 
If in the opinion of the Planning Board, it is deter-mined desirable to postpone a final decision on an approved reclamation plan, the Planning Board may recommend to the Borough Council that an alternative of the requirement for an approved reclamation plan as described in this subsection be accepted by the Borough Council on an interim basis. Such an alternative may take the form of the alternate surety as set forth in subsection 19-2.4b.
[Ord. #770 § 6]
a. 
Prior to the approval of any application, the applicant shall submit a performance bond with adequate surety to assure the rehabilitation of the site of operations in accordance with the provisions of subsection 19-2.3. The amount of the performance bond shall be fixed by the Borough Council annually and shall be based upon the reasonable cost of restoration in accordance with the provisions of this chapter. The surety thereon shall be a recognized surety company authorized to do business in the State of New Jersey and approved by the Borough Council. In the alternative, the applicant may pledge his own assets to assure the site rehabilitation and the Borough Council may accept such pledge if satisfied that adequate security is provided.
b. 
Should the Borough Council, the Planning Board and the applicant agree, an alternate to the bonding of the reclamation plan or the pledge of assets may be adopted. Such an alternate will be the establishment of an escrow account. The escrow account shall be funded annually in the amount of $50,000.
[Ord. #770 § 7]
Each application shall be accompanied by a fee of $12,000 to be applied toward expenses of administrative review, Planning Board review, consulting engineer's review, Board of Health review, periodic testing and inspections. This fee shall not be pro-rated and may be adjusted from time to time to approximate the cost of administration of the various provisions of this chapter.
[Ord. #770 § 10]
a. 
All license applications shall be reviewed by the Borough Engineer and forwarded to the Borough Council along with the Engineer's recommendations. The Borough Council shall determine whether the application is in compliance with this chapter and, if so, shall issue a license to operate the quarry in the manner set forth in the application. The application shall be filed with the Borough no later than November 1 annually. The application shall be acted upon by the Borough Council no later than December 15 annually, or 45 days from the date of the filing of the application, whichever is later; but if not acted upon by such date, the existing license shall continue in full force and effect until so acted upon by the Borough Council.
b. 
If approved by the Borough Council the license shall be renewed annually as of January 1 of each year and shall expire on December 31 of the same year. An initial license issued during the calendar year shall expire on December 31 of the same year.
c. 
An approval or renewal of a license by the Borough Council under this subsection shall not constitute approval of any item or matter that may require separate approval of the Board of Adjustment, Planning Board or any other Municipal, County, State or Federal body or agency.
[Ord. #770 § 11]
After giving the licensee 10 days' written notice specifying the grounds upon which the license is proposed to be suspended and an opportunity to be heard, the Borough Council may suspend any license issued under this chapter if it finds that the licensee is violating a material term or provision hereof or an applicable statute of the State of New Jersey in such a fashion as will be substantially detrimental to the health, safety or welfare of any of the inhabitants of the Borough.
[Ord. #770 § 8]
The Borough Engineer or his authorized representative is hereby designated as Quarry Inspector, whose duty shall be to conduct inspections of the licensed premises in order to determine whether operations are being conducted in accordance with the application, terms and provisions of this chapter. These inspections shall be conducted at a minimum of one per month or as frequently as necessary as determined by the Borough Engineer or his authorized representative. The Quarry Inspector shall also submit written reports of all inspections to the Borough Council. The Quarry Inspector, or his authorized representative, is further designated as the enforcing officer of this chapter and shall investigate any and all alleged violations.
[Ord. #770 § 9; Ord. #92-938 § 1]
Quarrying may be conducted only from Monday through Saturday between the hours of 6:00 a.m. and 6:30 p.m. prevailing time, with the exception that office administration and maintenance for equipment other than motor vehicles may be conducted at any time. Maintenance of on-site motor vehicles may be conducted until 7:00 p.m.
a. 
Quarrying shall not be conducted for a period of time in excess of nine gross hours per day.
b. 
The sale of quarry materials, and the trucking of same shall be permitted Monday through Saturday between the hours of 7:00 a.m. and 5:00 p.m. prevailing time.
c. 
No quarrying shall be conducted on Christmas, New Years, Easter, Memorial Day, July 4, Labor Day or Thanksgiving.
[Ord. #770 § 9]
All drilling must be done by the wet drilling method or by any other method of equivalent effectiveness for dust control.
[Ord. #770 § 9]
All roads or traveled right-of-way within the licensed premises must be regularly treated with calcium chloride, or other dust arresting agent, as necessary to substantially reduce the excessive accumulation and dissemination of dust beyond the property boundaries of the quarry.
[Ord. #770 § 9]
a. 
No quarrying shall be permitted outside those areas specifically identified in a certain final judgment entitled Somerset Crushed Stone, Inc. et als. vs. Borough of Bernardsville, Superior Court of New Jersey, Docket No. L-1716-59 P.W., dated April 24, 1963. Landscaped berms shall be required to the satisfaction of the Borough Engineer, along all non-quarry owned property except the railroad right-of-way. In no event shall quarrying be permitted within 50 feet of the property line. No quarrying shall be permitted which will endanger the lateral support of abutting properties.
b. 
No quarrying shall be permitted which will reduce the quarried area below the lowest grade of adjoining properties, roads or railroad line, nor shall any quarrying be permitted which will endanger the lateral support of abutting properties. In the event quarrying or excavation should result in face slopes in excess of 45°, a minimum leveled (or natural) buffer area of 50 feet shall be provided between any quarry boundary line and the commencement of the slope.
c. 
In no case shall any quarry products, equipment or other materials, except berm and landscape screening material, be erected or stored within a distance of 100 feet of any non-quarry boundary line except along railroad right-of-way. Storage may be made along the railroad right-of-way where the quarry does not own on both sides of the right-of-way; provided that the storage is screened with solid fence material such as redwood slat or chain link.
[Ord. #770 § 9]
A chain link fence with a minimum height of six feet shall be erected around the perimeter of the operation and all means of ingress and egress shall be controlled by the substantial gates of similar height.
[Ord. #770 § 9]
On each occasion when blasting is to be conducted written or verbal notice shall be conveyed to the office of the Borough Clerk at least two hours prior to the proposed detonation unless prevailing conditions make it impossible, but in no case less than one-half hour. Additionally, all residents within 500 feet of any property line of any land owned by the applicant and who request the same in writing, shall be notified verbally at least 1/2 hour prior to the proposed detonation. All blasting shall be limited to the hours between 10:00 a.m. and 4:00 p.m. prevailing time, where possible, and shall not be more frequent than once per week. Such blasting shall be conducted to the requirements and regulations of the State of New Jersey and shall be conducted so that no damaging ground vibrations, ground motion, acceleration or ground velocity are propagated to the location of any residence or other off-site structure.
a. 
A copy of any written claims of damage due to blasting shall be filed with the Borough Clerk within 10 days along with the result of the inspection of those claims within 30 days of the date of the claim.
b. 
The applicant or the State shall monitor each blast with seismographic equipment.
[Ord. #770 § 9]
Signs shall be maintained at all entrances or exits of the quarry premises indicating the name and address of the licensee along with the telephone number(s) where the licensee can be contacted at any time of the business day. Additionally, the Borough police shall be provided with a twenty-four-hour number for use in the event of an emergency.
[Ord. #770 § 9]
Where conveyors discharge material of less than one inch in diameter onto stock piles of such material, spray bar sprinklers shall be used as needed to control dust emissions.
[Ord. #770 § 9]
Wherever the licensed premises abuts a public street or road, or existing residential property, a solid and continuous landscape screen shall be planted and maintained unless an alternative is approved and/or required by the Borough Council. Such landscaping shall consist of massed evergreens and deciduous trees and shrubs of such species and density as will provide a substantial screen throughout the full course of the year.
a. 
The maximum amount of noise emanating from any quarry audible along any boundary line of the quarry shall not exceed the noise standards as set forth in paragraph b below. For the purpose of this section, the quarry premises shall be assumed to include the railroad right-of-way for those areas where the licensee owns land on at least one side of the right-of-way.
b. 
From the period of 7:00 a.m. to 5:00 p.m. Monday through Saturday, the daytime noise limits as set forth by the more restrictive standards of either the Board of Health or the State of New Jersey shall apply. During all other time periods, the nighttime noise limits of the more restrictive of the Board of Health or State of New Jersey shall apply.
[Ord. #770 § 9]
[Ord. #770 § 9]
Airborne discharges from the blacktop plant shall comply with the more restrictive standard of either the Board of Health or the State of New Jersey.
[Ord. #770 § 9]
Where a more restrictive regulation is not imposed by this section, the standards established by the State of New Jersey shall apply.
[Ord. #770 § 12]
a. 
This chapter shall be enforced on behalf of the Borough by the Borough Engineer, or his authorized representative, who shall investigate any violation of this chapter coming to his attention, whether by complaint by an interested person or arising from his own personal knowledge. If a violation is found to exist, or have existed, the Borough Engineer, or his authorized representative, shall have the authority to prosecute a complaint in Municipal Court.
b. 
Any person who violates any provision of this chapter or who otherwise fails to comply with any of the requirements of this chapter shall, upon conviction, for each violation or offense be liable to a fine of not less than $100 nor more than $1,000 for each violation or offense and every day in which a violation or offense of any provision of this chapter exists shall constitute a separate violation.
c. 
As an additional remedy, the violation of any provisions of this chapter which causes discomfort or annoyance to reasonable persons of normal sensitivities or which endangers the comfort, health, safety or peace of residents in the area may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
d. 
Nothing in this section shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injuries to persons or property and to maintain any action or other appropriate proceeding therefor.
[Ord. #770 § 13]
Nothing in this chapter shall be construed as repealing any provision or provisions of any other municipal ordinance or ordinances which, by its terms, regulate or control quarrying or its incidental activities either directly or indirectly, or which further the general purposes of this chapter in any way. In the event any regulation provided in this chapter shall vary from the same or similar regulation of any other municipal ordinance, the more restrictive provisions of such ordinances shall be deemed to control.