[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:
Shall mean and include any person, firm, partnership, association,
corporation, company or organization of any kind.
Shall mean and include a place where stone, slate, or other
natural mineral resources are blasted, excavated, crushed, washed
or graded.
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.
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:
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.
[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.
