[Ord. 10/4/83, § 1]
This chapter shall be known and may be cited as the Lafayette
Township Quarry Chapter.
[Ord. 10/4/83, § 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 of Lafayette
and its inhabitants and to 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, to
provide for the safety of persons, particularly children, and further,
to insure that quarried areas shall be suitably and reasonably rehabilitated
after quarrying operations have been completed, or otherwise terminated.
[Ord. 10/4/83, § 1; Ord. 3/20/84, § 1]
The words defined in this subsection shall mean and include
the following, when used in this chapter:
a.
APPROVED PLAN — Shall mean a plan for the removal of material
by quarrying, reviewed by the planning board, and approved by the
township committee, pursuant to the provisions of this chapter.
b.
ARABLE SOIL — Shall mean soil that, when dry, contains not
less than four percent by weight of organic matter and the balance
of which is mineral matter.
c.
PERMIT — Shall mean a quarrying permit.
d.
PERSON — Shall mean and include any person, firm, partnership,
association, corporation, company or organization of any kind.
e.
QUARRY — Shall mean a place where stone, slate, shale or other
consolidated material is excavated and may include crushing, washing
or grading of such excavated material on the same site.
f.
QUARRYING — Shall mean the excavation of consolidated material
and shall include, but not be limited to, the crushing, washing or
grading of such material on site, as well as, the transport, loading,
or hauling of material for on-site processing and the transport, loading
or weighing of finished products to customers. Quarrying shall also
include allowing access to the site to customers of the quarry.
[Amended 11-3-2021 by Ord. No. 2021-24]
g.
TOPSOIL — Shall mean the arable soil within eight inches of
the surface.
[Ord. 10/4/83, § 1]
No person shall operate a quarrying business in contravention
of this chapter. A permit must be obtained in accordance with the
requirements of this chapter by filing an application as hereinafter
set forth.
[Ord. 10/4/83, § 1]
Where quarrying operations have been in existence as nonconforming
uses prior to the adoption of this chapter, the owner or operator
shall, within six months of the adoption of this chapter, obtain a
permit, in accordance with the requirements of this chapter, by filing
an application as hereinafter set forth.
[Ord. 10/4/83, § 1]
The applicant shall file with the township clerk, all necessary papers for all approvals required to operate the quarry. Unless the application is made pursuant to subsection 10A-1.5 above, the application, in addition to the permit required hereunder, shall contain applications for site plan approval and all necessary variances. The township clerk shall then forward said applications to the appropriate hearing agency pursuant to N.J.S.A. 40:55D-26(b) . In the event that application is made pursuant to subsection 10A-1.5, the township clerk shall forward a copy of the quarry permit application to the planning board for its review and comment. Action on the quarry permit application shall await favorable action of the hearing agency.
[Ord. 10/4/83, § 1; Ord. 3/20/84, § 2; Ord. 5/15/84, § 1]
Seven copies of the application shall be provided along with
seven copies of plats prepared by an engineer or surveyor, licensed
by the State of New Jersey to prepare such map or maps and drawn to
a scale of not less than one inch = 50 feet, in accordance with N.J.A.C.
13: 40-7. 1 et seq. Such map or maps and the accompanying material
shall show:
a.
An aerial photograph of the site;
b.
All existing structures, roads, and drainage within 200 feet of the
property;
c.
Location of topsoil storage areas;
d.
Methods of controlling the silting and pollution of downstream properties;
e.
Approximate elevation of the water table, if within eight feet of
the proposed final contour, or a certification that the water table
is not within eight feet of the proposed final contour;
f.
The boundary of the entire tract by metes and bounds;
g.
Any information concerning ownership of the subject tract involved
and any interest of the applicant, officers, directors, or stockholders
have in adjoining property:
h.
Detailed plans indicating the location where the quarrying will be
conducted, showing existing contour lines at five foot intervals,
and indicating proposed contour lines, at five foot intervals, after
the removal of the quarry material. The plan shall also show such
items as all entrances and/or exits to the tract, fences and/or gates
to be erected, equipment used or to be used in the operation, proposed
buffering and/or screening of the operation, other elements necessary
or contemplated with respect to the operation and a detailed narrative
describing the methods of operation;
i.
The hours of operation;
j.
A certificate of liability insurance in an amount not less than $1,000,000
for personal injury, including death (for each person or each occurrence),
and $300,000 for property damage;
l.
The total
number of cubic yards to be removed, under the permit, and the time
within which the proposed operation shall be completed;
m.
Any other information that may be requested either by the township
clerk or the hearing agency;
n.
A plan for rehabilitation of the site taking into consideration the above information and the factors set forth in subsection 10A-1.8.
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The application shall also indicate the total number of cubic
yards to be removed and the time within which the proposed operation
shall be completed, which shall generally be less than seven years.
Any total project not capable of completion within seven years shall
be split into sections, each of which shall be completed within seven
years.
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[Ord. 10/4/83, § 1]
In considering and reviewing the application and arriving at
recommendations and decisions, the hearing agency shall give particular
consideration to the following factors:
a.
Soil erosion by water and wind;
b.
Surface water drainage;
c.
Soil fertility;
d.
Lateral support of abutting streets and lands;
e.
Land values and uses;
f.
Contours - both existing and proposed;
g.
Existing contours and topographic character of the land prior to
the removal of any quarry material and the proposed contours resulting
subsequent to the removal of quarry material in accordance with the
application;
h.
Whether the proposed removal of quarry material is necessary and
incidental to the development of the property for its intended use
or whether the proposed removal constitutes merely a commercial activity;
i.
The proposed reuse plan, including a timetable for implementation,
shall be in accordance with the existing zoning and master plan recommendations
for the area. Such reuse plan shall not be binding upon the township
or the applicant but shall be used to illustrate that the final site
topography, access, and relationship to the surrounding areas permit
a viable and realistic reuse of the quarry site.
[Ord. 10/4/83, § 1; Ord. 5/15/84, § 5, § 6]
The hearing agency, upon completing its review of the quarry
permit application, and all other necessary approvals, shall forward
to the township clerk its report and recommendations with respect
to issuance of the quarry permit, together with its action on all
other necessary applications. In the event that the actions of the
reviewing agency are favorable, the township clerk shall, within 35
days of the receipt of such reports, issue a quarry permit. In the
event that the hearing agency has denied any relief sought, or recommends
against the issuance of the quarry permit, the township clerk shall
deny the application for the quarry permit.
The hearing agency shall make its report and recommendations to the township clerk in accordance with the requirements of the applicable time periods for such review, as required by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and appropriate extensions thereunder. In the event that the application has been made pursuant to subsection 10A-1.5, the planning board shall make its report and recommendations to the township clerk within 95 days of the date such application is filed with the township clerk.
The permit shall show the total number of yards of quarrying
material authorized to be removed as calculated by the township engineer
based upon the information submitted with the application, and also
the term of the permit which shall be for a term not to exceed seven
years and shall coincide with the term of the final site plan approval
granted, pursuant to N.J.S.A. 40:55D-50.
In the event that the application has been made pursuant to subsection 10A-1.5, since no site plan is required, pursuant to subsection 10A-1.7, paragraph k, a plan shall be submitted of sufficient detail to permit the hearing agency to make a recommendation to the township clerk, in accordance with the requirements of subsections 10A-1.7 and 10A1.8 and Chapter 15 shall be used as a guideline to aid the applicant in the preparation of this plan.
[Ord. 5/15/84, § 7]
a.
Upon expiration of the period for which a permit was issued as hereinabove
provided, if the quarry operation has not been completed and if the
licensee desires to complete the operation in accordance with the
plan as previously approved, the licensee shall file an application
with the township clerk for extension of the permit for an additional
period not to exceed seven years, which application shall be accompanied
by a copy of the plan as originally approved, a statement of applicant's
engineer showing that all quarrying has been done in accordance with
the approved plan, and a filing fee of $500. Upon receipt of such
application the township committee shall cause an inspection of the
site to be made by the township engineer who shall submit a report
of his findings as to licensee's compliance with the chapter and approved
plan which report shall also set forth any special conditions or requirements
that the township engineer deems necessary in the public interest,
which the township committee may impose as conditions to the issuance
of the extended permit. The township committee may also request reports
from the planning board, environmental commission, board of health
and police department as to any previous problems resulting from the
quarrying operation or as to any particular areas of concern resulting
from the continuation of the operation.
b.
After considering the report of the township engineer, and any other
reports received, the township committee may issue an extended permit
for a period not to exceed seven years. Any such extended permit may
be further extended by submitting an application and following the
same procedures as hereinabove set forth.
c.
Upon expiration of a quarry permit, or of an extended permit without
application having been made for a further extension prior to the
expiration of such permit, such permit or extended permit shall become
null and void.
[Ord. 10/4/83, § 1]
In the event that the application for a quarry permit is denied,
an appeal may be taken to the township committee. Such appeal shall
be filed with the township clerk and a copy thereof served on the
hearing agency within 20 days of the date of denial. The appellant,
within five days of the service of the notice of appeal, shall arrange
for a transcript of the proceedings before the hearing agency and
submit proof to the township clerk of such arrangement. The township
committee shall hear and decide the appeal within 95 days of the receipt
of said transcript. Failure of the township committee to hold a hearing
and/or conclude its review within the time period specified shall
constitute a decision affirming the action of the township clerk.
Upon receipt of the transcripts, the township clerk shall notify
the appellant and the hearing agency, at least ten days prior to said
date, the date of the hearing before the township committee. The review
of the action taken shall be limited to the record below and parties
may submit oral or written argument on said record at such meeting.
The township committee shall provide for a verbatim recording
and transcripts of such meeting, which cost shall be borne by the
appellant. The township committee may reverse, remand or affirm, wholly
or in part, or may modify the final decision of the township clerk,
based on the recommendations of the hearing agency.
[Ord. 10/4/83, § 1]
Once a permit is issued by the township clerk allowing for the
operation of a quarry in an area specified by the permit, the owner
or person in charge shall conduct the operation in that area in such
a manner as to insure that the area is properly leveled off, cleared
of debris, and graded to conform with the contour lines and grades,
as shown on the approved plan and contained in the permit.
[Ord. 10/4/83, § 1]
No quarry shall be operated in violation of any regulations
contained in this section once a permit is granted.
[Ord. 10/4/83, § 1]
Arable soil within six inches of the surface shall not be removed
from the licensed owner's premises, but upon completion of operation
or as otherwise specified by the hearing agency, shall be respread
on the surface as uniformly as possible over a layer of two feet in
thickness or its original depth, whichever is less. The arable soil
shall be seeded with winter rye or other suitable planting. If the
soil within six inches of the surface is not arable soil, sufficient
arable soil must be added to the site to insure a minimum arable soil
thickness of not less than six inches. Such soil must be respread
promptly following the completion of the operation in such area. Provisions
shall be made for adequate drainage following arable soil replacement
and for suitable erosion control. No arable soil shall be removed
from the site.
[Ord. 10/4/83, § 1]
Quarry material shall not be deposited, thrown, or placed upon
adjoining property or public roads. Any quarry material, resulting
from the operation, accumulating on any adjoining property or public
road shall be removed immediately upon notice by the quarry inspector
to the permittee of the accumulation.
[Ord. 10/4/83, § 1]
Any quarry operation shall be conducted in strict accordance
with any Federal, State, or county law, or other ordinances of the
township, and the terms and conditions of any permit granted for the
operation.
[Ord. 10/4/83, § 1;
amended 10-5-2021 by Ord. No. 2021-21]
Operations shall be reasonably conducted so as to avoid creation of a nuisance as defined in section 13-5 of the Lafayette General Ordinances, which would unreasonably affect adjoining property owners or the Township.
[Ord. 10/4/83, § 1; Ord. 3/20/84, § 3]
Upon completion of an operation or excavation from an area delineated on an approved plan and/or permit, the area shall be cleared of debris, and graded to conform to the contours and grades as approved by the hearing agency. A final plat shall be submitted complying with all the requirements set forth in subsections 10A-1.7 and 10A-2.10.
[Ord. 10/4/83, § 1]
Quarry material shall not be removed except in accordance with
the approved site plan, where applicable, and the permit, which may,
upon application, be amended from time to time by the hearing agency.
[Ord. 10/4/83, § 1]
No quarrying shall 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 degrees, a minimum level
(or natural) buffer area of 50 feet shall be provided between any
quarry boundary line and the commencement of said slope.
[Ord. 10/4/83, § 1; Ord. 3/20/84, § 4; Ord. 5/15/84, §§ 2—4]
The following are additional requirements which must be complied
with by any quarry operating within the township:
a.
A chain link fence, a minimum of six feet in height, or other effective
safety measures as approved by the hearing agency, shall be erected
where found by the same hearing agency to be needed for the safety
of persons and also at all places of ingress and egress.
b.
Access to the quarry shall not use any established minor residential
access streets.
c.
A vegetative buffer shall be provided in order to screen the quarry
and all its accompanying buildings and processing equipment from the
view of adjoining residential areas. The vegetative buffer may consist
of massed evergreen and/or deciduous trees, or shrubs of such species
of density as will provide adequate buffering through the entire year.
No quarrying shall be done within 150 feet of any property line. A
buffer strip 50 feet in width, consisting of land maintained in its
natural state, shall be retained along all public roads, except at
points of ingress or egress to the property, and said buffer strips
shall be maintained in their natural condition until completion of
the quarrying operation on the site after which completion and restoration
of the site in accordance with the provisions of this chapter said
buffer areas along public roads may be removed in accordance with
a plan approved by the planning board and township committee.
In addition to the effective buffering of the residential area,
landscaping shall be provided in order to lessen the impact of the
entire operation on all adjoining properties and roadways.
d.
All crushing, drilling and processing of quarry materials must be
conducted by use of a wet method of dust control or by local exhaust
systems of equivalent effectiveness.
e.
Signs shall be maintained at all entrances or exits of the quarry
premises indicating the name and address of the permittee and that
the business being conducted is a permitted quarry operation. No sign
shall exceed 12 square feet in area.
f.
Where conveyors discharge material on to stock piles of such material,
the following requirements shall be observed: the free and uncontained
fall of the material being stockpiled from the conveyor to the highest
point of the stockpile shall not exceed a distance of six feet unless
a wet method of dust control or local exhaust system of equivocal
effectiveness is utilized. In no event shall a conveyor exceed 35
feet in height at its highest point.
g.
All roads within the excavation site must be either appropriately
designed or treated so as to insure the reduction of dust dissemination.
One such method encouraged by the township is the use of three-quarter
inch or five-eighths inch crushed stone; however, the permittee may
propose other methods to the township engineer for his approval.
[Ord. 10/4/83, § 1]
No trash, garbage, junk or debris may be stored in any permitted
area, and no safety hazards will be permitted, either during or after
the completion of operations. All burning of combustible debris resulting
from the quarry operation shall be subject to the regulations established
by the Lafayette Township Fire Department or any regulations of a
higher authority in effect, and be undertaken so as not to create
a smoke, nuisance or air pollution safety hazard.
[Ord. 10/4/83, § 1; Ord. 3/20/84, § 5]
The office of quarry inspector is hereby created and established.
The quarry inspector shall be appointed by the township committee
for a term of one year expiring on December 31, for the year for which
appointed. The quarry inspector shall receive such compensation as
the township committee shall fix by ordinance. The duties of the quarry
inspector shall include:
a.
Inspections of Permitted Quarries. In order to determine whether
the operations are being conducted in accordance with the permit and
application, in addition to the terms and provisions of this chapter
and all other applicable laws.
b.
The submission of written reports detailing the findings of the inspections
and any other additional information required by the township committee.
c.
Acting as the enforcing officer of this chapter and investigating
any and all alleged violations.
[Ord. 10/4/83, § 1]
After ten days notice and an opportunity to be heard, the township
committee may revoke or suspend any permit issued under this chapter
if it finds that the permittee is violating any of the terms or provisions
of the chapter or any applicable statute of the State of New Jersey.
[Ord. 10/4/83, § 1]
This chapter shall be enforced by the quarry inspector, pursuant to his responsibilities contained in subsection 10A-2.12. In addition to those powers specifically enumerated above, the quarry inspector shall have the authority to 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 written notice, by certified mail or personal service, upon the owner or other party in charge of the permitted quarry. The notice shall require the violation to be abated within a ten day period from the date of service or within a lesser period determined by the township engineer, which he shall deem reasonable in cases where the danger to public health, safety and welfare is so imminent as to require immediate abatement. Failure to abate, within the time specified, shall enable the township committee to prosecute a complaint to terminate the violation in municipal court.
[Ord. 10/4/83, § 1]
In addition to the revocation or suspension penalty provided
above, any person violating a provision of this chapter or otherwise
failing to comply with any of the requirements of this chapter shall
be subject to a fine of not more than $500 or imprisonment for not
more than 90 days or both for each such violation or offense. Each
day that violation or offense continues shall constitute a separate
violation.
[Ord. 10/4/83, § 1; Ord. 3/20/84, § 6; amended11-3-2021 by Ord. No. 2021-24 ]
Quarrying activities as defined by Section 10A-1.3(f) shall be conducted only from Monday through Saturday and shall not begin until 7:00 a.m. nor continue past 6:00 p.m. and shall not exceed ten hours in any one day, except when approved by the governing body of the Township of Lafayette. Applications for limited expansion of these hours during emergencies or other extraordinary projects shall be submitted to the Township Engineer 60 days in advance of the anticipated date exception to the hours of operation are requested and proposed to begin. The governing body of the Township of Lafayette may waive the 60-day requirement in emergencies provided the governing body can address the request at a special meeting as per Section 2-1.4(b). There shall be no operation of any kind or character on Sundays, except in emergencies authorized by the Township Committee. Blasting shall occur only in a manner permitted by State law and regulation.
[Ord. 10/4/83, § 1]
Following the completion of work in any specific area, all respreading of arable soil and reseeding, where applicable, as required by subsection 10A-2.3, shall be completed within 60 days thereafter; except that if the completion of work in area occurs during the winter months, when it would not be practicable to respread topsoil and reseed it, such work shall be completed within such additional time as specified by the hearing agency.
[Ord. 10/4/83, § 1]
The hearing agency may modify or waive any of the conditions
or regulations when the applicant shows undue hardship by reason of
topography, grade or other special conditions, or when such modifications
would clearly be in the public interest.
[Ord. 10/4/83, § 1]
Upon application for a permit, pursuant to the provisions of
this chapter, the applicant shall pay a fee covering the cost of initial
review of the proposed quarry operation of $300. Furthermore, the
applicant shall deposit the sum of $800 with the township to be applied
toward the cost of inspections as provided herein. At the end of each
year, the applicant shall reimburse the township for any additional
amount expended by it for such inspections, or, if there is a surplus
left in the account, the applicant shall be entitled to a credit or
refund.
a.
If the permit is for removal of less than 10,000 cubic yards, within
a maximum period of five years, the application fee shall be $100.
b.
If the
permit is for the removal of more than 10,000 cubic yards, within
a period of five years, the application fee shall be $500.
c.
The permittee shall, on or before December 31, of each year, during
the continuance of the term of the permit, pay to the township to
cover the costs of the routine periodic spot field checks and the
annual review of the quarry operation, the following fees, or where
deemed appropriate, a maintenance bond or deposit in an amount set
by the township engineer:
1.
Where
the permit is for less than 2,000 cubic yards per year, the sum of
$50.
2.
Where
the permit is for the removal of more than 2,000 cubic yards per year,
the sum of $350.
3.
In the
event the required annual permit renewal fees are not paid by January
31 of the licensed year for which the fee is due, the township clerk
shall notify the delinquent permittee that:
(a)
The permit has expired and no further quarry operations shall be
conducted under the expired permit until the required fees are paid
and further; that
(b)
If the required annual permit renewal fees are not paid by February
28 of the licensed year for which the fee is due, that said delinquency
is grounds for revocation of the permit; and that
(c)
The permit will be revoked without further notice to the permittee
on account of nonpayment of the required fees if said fees are not
received on or before March 31 of the licensed year for which the
fee is due.
[Ord. 10/4/83, § 1; Ord. 3/20/84, § 7]
In addition to the fees specified in subsection 10A-3.1, a permittee shall reimburse the township for any and all costs or expenses necessitated as a result of or resulting from any violation of any provision of this chapter including specifically all engineering fees, attorney's fees and costs incurred by the township in prosecuting any complaint in the municipal court or in any other court of competent jurisdiction for violation of the provisions of this chapter or code, as well as any costs or fees incurred by the township in conducting a hearing or hearings for revocation or suspension of any permit or obtaining injunctive or other relief in the superior court or any appellate court.
[Ord. 10/4/83, § 1]
Before any work is done for which a permit is required, and
during the period covered by the permit, the applicant shall file
and maintain a bond in a form and with surety approved by the township
attorney in such amount as recommended by hearing agency based on
the opinion of the township engineer and shall be sufficient to insure
the faithful performance of the work to be undertaken, such as, but
not limited to the following, removal of debris, construction of infrastructures,
the respreading of arable soil, seeding, including trees and other
vegetation, etc., pursuant to the conditions of the permit and the
terms thereof.
[Ord. 10/4/83, § 1]
The amount of any performance bond or guarantee may be reduced
by the governing body by resolution when portions of the improvements
or works have been completed, upon recommendation of the township
engineer.
[Ord. 10/4/83, § 1]
When all required performance has been completed, the obligor
shall notify the township committee, in writing, by certified or registered
mail of the completion thereof and shall send a copy thereof to the
township engineer. The township committee shall authorize the township
engineer to inspect the site to determine that all requirements of
the approved plan have been met. The township engineer shall, thereupon,
file a report in writing with the township committee which shall be
detailed and shall indicate either approval, partial approval or rejection.
If the work covered by the bond or performance guarantee or any portion
thereof shall not be approved, or shall be rejected by the township
engineer, the report shall contain a statement of reasons for such
nonapproval or rejection. Where the rejection indicates partial approval
of the improvements or works, it shall indicate the costs of the work
for which approval is rejected. The township committee shall accept
or reject the work, grant partial approval, or withhold approval,
on the basis of such report and shall notify the obligor in writing
by certified mail or registered mail of the contents of the report
and the action of the township committee with relation thereto not
later than 90 days after receipt of notice from the obligor of the
completion of the work. Where partial approval is granted, the obligor
shall be released from all liability pursuant to his performance guaranty
bond except for that portion adequately sufficient to secure the work
not yet approved.
[Ord. 10/4/83, § 1; Ord. 3/20/84, § 8]
After reasonable notice and an opportunity to be heard before
the township committee, the permit of any person may be revoked or
suspended for such period as the township committee may determine
for any violation of the terms hereof or the terms and conditions
of any approved plan and permit granted hereunder.
[Ord. 10/4/83, § 1; Ord. 3/20/84, § 8]
In addition to an action on the bond or guarantee or the revocation of license provided for herein, any person who violates this chapter, or any director or officer who permits or participates in a violation of this chapter or the conditions of the permit shall, upon conviction thereof, be subject to the penalties provided for in section 3-1 of this Code.
