[Ord. No. 01-02 § I]
It is the intent of this chapter to license and regulate the
operation of quarries within the Township of Sparta to provide for
the protection of persons and property, to provide for a safe post
quarrying condition, to preserve the public health and safety of the
inhabitants of the Township, to ensure that quarrying operations are
conducted in such a manner as to mitigate impacts from conditions,
such as, but not limited to, noise, dust, traffic, vibration, and
odors, to owners and occupants of nearby properties in accordance
with applicable law and regulation, and to ensure that the quarried
area shall be suitably and reasonably rehabilitated to a safe and
environmentally sound condition after quarrying operations have been
completed or otherwise terminated.
[Ord. No. 01-02 § II]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean person, firm, partnership, association, corporation,
company, limited liability entity, or organization of any kind that
seeks a license to quarry within the Township of Sparta.
Shall mean any applicant that is engaged in and/or manages
or controls, or who or which will be engaged in and/or will control,
the operation of a quarry.
Shall mean the person, entity, firm, partnership, association,
corporation, limited liability entity or organization of any kind
who or which owns or controls the property upon which the quarry operation
is being or is to be conducted.
Shall mean the crushing, washing, sorting, milling, drying,
mixing, and blending of quarry produced products, separately or with
other materials or chemicals to create a new product, material or
substance and the packaging and shipping of processed quarry products
or other processing of excavated materials on site which takes place
in an enclosed building or conveyor.
Shall mean a place where stone, shale, rock, ore, slate or other mineral is excavated and removed from rock deposits including drilling, coring and blasting and loaded and transported, crushed or screened in preparation for processing, but shall not include the mining of sand and soil-type material. The removal of such soil from quarry property is regulated pursuant to subsection 18-4.7c8 entitled "Soil Removal Operations" of the Comprehensive Land Management.
Shall mean the business of operating a quarry, including,
but not limited to, excavation, drilling, blasting, crushing (other
than crushing as part of processing which takes place in an enclosed
building or conveyor), screening of stone, rock, ore, shale, slate
or other natural mineral resources, the movement of excavated materials
in preparation for processing, the operation, including warm-up and
maintenance of equipment used in the operation of a quarry exclusive
of vehicles maintained in a garaged area and the removal and storage
of overburden.
Shall mean reconditioning of land affected by quarrying operations to restore it to a reasonably safe and environmentally sound condition consistent with Chapter 18, the Comprehensive Land Management Code, of the Sparta Township Code as may be amended or supplemented from time to time, suitable for development of one or more productive permitted uses after termination of quarrying and processing operations, in whole or in part.
Shall mean a plan filed by the applicant and approved by
the Township at the time of the initial license application for reclamation
of the land affected by quarrying operations during each license period
in accordance with the requirements of this chapter.
[Ord. No. 01-02 § III]
It shall be unlawful for any person to conduct the operation
of a quarry within the Township without first obtaining a license
to do so in accordance with this chapter.
[Ord. No. 01-02 § IV]
An original and 10 copies of the application for a license required
by this chapter shall be submitted by the applicant to the Township
in such form as required by the Township Clerk. The application shall
be signed and verified by the applicant or owner and shall set forth
or be accompanied by information required by this chapter. An application
for any quarry existing within the Township as of the date this chapter
is enacted must be submitted to the Township within six months following
the effective date of the chapter. License renewal applications shall
be submitted every three years thereafter. License renewal applications
shall contain the same information required for an original license
as specified in this chapter.
Applications for licenses shall include the following information:
a.
The name, business address and telephone number of the applicant,
if an individual; the name, business address and telephone number
of each partner, if a partnership; the corporate name, business address
and telephone number, date and state of incorporation, and name, business
address of each officer and stockholder with an interest of 10% or
greater, if a corporation; and the name, business address and telephone
number of each plant officer or manager. If a corporation is not incorporated
in the State of New Jersey, the applicant shall state whether the
corporation is authorized to conduct business in the State of New
Jersey. If a corporation has any stockholder with an interest of 10%
or greater, which is a partnership, the applicant shall state the
name and business address of each partner with an interest of 10%
or greater of each stockholder. If a corporation has any stockholder
with an interest of 10% or greater which is a corporation, the applicant
shall state the name and business address of each stockholder with
an interest of 10% or greater.
b.
The name and business address of each owner of the quarry property.
If the applicant is not the sole property owner, written, notarized
consent of each owner or proof of legal authority granted by the owner
to operate the quarry (such as a lease) must be furnished. The application
must also identify the zone or zones in which the property is located
pursuant to the Township's Comprehensive Land Management Code
and Zone Map.
c.
An Operations Map of the extraction property prepared by an engineer
or land surveyor licensed in the State of New Jersey, showing the
entire tract property and including the following:
1.
The map shall be at a scale of one inch equals 100 feet. Any exceptions
to this scale shall be requested by the applicant in writing to the
Township Engineer for consideration. If one sheet is not sufficient
to contain the entire property and surrounding area as required by
this chapter, the map shall be divided into sections shown on separate
sheets of equal size and scale, with reference on each sheet to the
adjoining sheets.
2.
A key map showing the quarry property and its relation to the surrounding
areas at the scale of one inch equals not less than 2,000 feet.
4.
Graphic and numeric scale.
5.
Revision box.
6.
All boundary lines with lengths of courses to the 100th of a foot
and bearing to 1/2 minute.
7.
Zone boundaries.
8.
Existing block and lot number(s) of the quarry property as they appear
on the Township tax map.
9.
Existing block and lot numbers and name(s) and address(es) of the
owners of record of all properties within 500 feet of the quarry property
boundaries as shown on the most recent tax list prepared by the Tax
Assessor.
10.
Acreage of the quarry property to the nearest 0.10 of an acre.
11.
The names, locations and widths of all existing, recorded or proposed
streets; water courses, streams, wetlands, flood plains and drainage
rights-of-way intersecting the quarry property on and within 500 feet
of the quarry property boundaries to the extent reflected in the public
records.
12.
A copy of each restrictive deed covenant of every nature, existing
by deed or otherwise, affecting the quarry property.
13.
Existing contours at five-foot intervals (ten-foot intervals for
slopes of greater than 30%) for the extraction property and surrounding
area to a distance of 200 feet from the boundary of the quarry property.
Elevations must be based upon United States Geological Survey (USGS)
datum. Applicant to specify NAD 1927 or NAD 1983.
14.
Location of all permanently affixed equipment or structures excluding
rolling stock.
15.
Location of all internal roadways and parking areas.
16.
Location and type of all stockpile areas. Include location, type
and coverage of all stationary dust control devices.
17.
Exterior limit of all extraction or extraction related activities
and earth disturbance.
18.
Location of existing fencing and fencing proposed to be constructed
during the license period.
19.
Location, direction of illumination, wattage and type of exterior
lighting.
20.
Location and type of all proposed buffer areas.
21.
Location of all topsoil piles.
22.
All means of vehicular ingress and egress to and from the quarry
property onto public streets showing the location and design of driveways
and curb cuts, including any installed traffic control devices.
23.
Plans for storm water management facilities as required by NJDEP
and the Sussex County Conservation District.
24.
Plans for soil and erosion control facilities in accordance with
Sussex County Conservation District standards.
25.
The location and depth where extraction is anticipated to occur during
the license period.
d.
Other Requirements. A listing of licenses, permits or other approvals
required by any municipality, County, State or Federal entity necessary
to lawfully operate the quarry.
e.
Policies of insurance naming Sparta Township as an insured party
shall be attached to the application evidencing liability coverage
in an amount not less than $1,000,000 for injuries, including accidental
death, and an aggregate amount of at least $3,000,000 for one accident
involving more than one person; and an amount not less than $1,000,000
for property damages on account of any one accident and in an amount
of not less than $1,000,000 for property damages on account of all
accidents. Certificates of insurance shall be provided to the Township
annually on the anniversary of the license issuance date.
f.
A detailed dust management plan with described equipment and practices
that will be implemented to minimize fugitive dust emissions from
the operation in accordance with NJDEP rules and regulations.
g.
A Reclamation Map of the extraction property prepared by an engineer
or land surveyor licensed in the State of New Jersey, showing the
entire tract property and including the following:
1.
The map shall be at a scale of one inch equals 100 feet. Any exceptions
to this scale shall be requested by the applicant in writing to the
Township Engineer for consideration. If one sheet is not sufficient
to contain the entire property and surrounding area as required by
this chapter, the map shall be divided into sections shown on separate
sheets of equal size and scale, with reference on each sheet to the
adjoining sheets.
2.
A key map showing the quarry property and its relation to the surrounding
areas at the scale of one inch equals not less than 2,000 feet.
4.
All boundary lines with lengths of courses to the 100th of a foot
and bearing to 1/2 minute.
5.
Existing and proposed contours at five-foot intervals (ten-foot intervals
where slopes exceed 30%) for the quarry property. All final slopes
in areas above any final water pool elevation, or within 10 vertical
feet of the surface of any pool elevation shall be no steeper than
1H:1V (45°) unless approved by the Township Engineer. Elevations
must be based upon United States Geological Survey (USGS) datum identical
to that used for the Operations Map.
6.
Location of all permanently affixed equipment or structures that
will permanently remain on the property.
7.
Location of all internal roadways and/or parking areas that will
permanently remain on the property.
8.
Plans for storm water management facilities as required by NJDEP
and the Sussex County Conservation District to facilitate final reclamation
and any facilities that will permanently remain on the property.
9.
Plans for soil and erosion control facilities in accordance with
Sussex County Conservation District standards to facilitate final
reclamation and any facilities that will permanently remain on the
property.
10.
Location and type of vegetative cover that will be planted on regraded
areas. The vegetative locations should be keyed to the Reclamation
Plan Narrative as required by this ordinance.
h.
Reclamation Plan. The applicant shall submit a narrative description
of the proposed reclamation plan. The narrative should address areas
already affected by the operation plus areas proposed to be affected
during the license period. Provisions shall be included in the reclamation
plan to complete all reclamation activities within one year following
cessation of quarry operations or such longer period as may be provided
in the approved reclamation plan. The reclamation plan shall include
provisions for simultaneous extraction and reclamation where consistent
with the Operation Plan. The reclamation plan shall meet the following
standards:
1.
Areas where the final highwall is characterized by in-situ bedrock
shall be graded so that no slope is steeper than 45° (1H:1V) measured
from the horizontal.
2.
Areas where the final highwall or backfill material is characterized
as soil, sand, gravel or similar granular material and slopes steeper
than 26.6° (2H:1V) are proposed, the reclamation plan shall include
a stability analysis prepared by an experienced engineer licensed
in the State of New Jersey that demonstrates a minimum factor of safety
for the backfill material of at least 1.5. In no instance shall slopes
be steeper than 45°, except as set forth in H,3 below, or, unless
approved by the Township Engineer.
3.
In areas where the final reclamation plan consists of permanently
pooled or ponded water, slopes steeper than 45° will be acceptable
with the exception of shoreline areas where the water depth is less
than 10 feet deep. In these shallow areas, the maximum slope shall
conform to the requirements specified in the previous two paragraphs.
4.
All final grades exposed to the atmosphere (i.e., not under water)
shall be covered by a layer of soil in sufficient depth and quality
to successfully and permanently sustain the vegetation proposed by
the applicant. The plan shall include a demonstration that a suitable
volume of soil material is available, either on site or from accessible
borrow areas, to complete the reclamation plan.
5.
The final reclamation plan shall include a post-closure storm water
management plan. This plan must include plans and computations for
handling storm water discharge from the property based upon a 100-year
design storm.
6.
The proposed revegetation plan shall be prepared to be consistent
with the types of vegetation that existed on the property prior to
the commencement of licensed quarrying operations. In areas where
quarrying operations were conducted prior to the enactment of this
chapter, the revegetation plan shall be developed to be compatible
with adjacent vegetative cover types. Revegetation plans shall include
a description of soil preparation, soil stabilization and planting
plans that conform to Soil Conservation Service standards. The plan
shall also include a description of soil nutrient application; temporary
and permanent seed mixtures and application rates; size, type, planting
density and planting plan for woody species; and a two-year maintenance
plan. The plan must provide for complete and permanent revegetation
of all areas affected by the quarry operations.
7.
The reclamation plan shall remain in effect until regrading and revegetation
are completed to the satisfaction of Sparta Township.
8.
An aerial photograph every three years with license application of
the site in sufficient detail to clearly show the perimeter of quarried
material, benches, improvements, stockpiled material, internal roadways,
portable equipment, parking areas and similar features shall be provided.
The photo shall be marked to show quarry boundaries and buffer zones.
9.
At each license renewal period, the reclamation plan shall be updated
and the applicant shall describe the reclamation that has been accomplished
in the prior license period.
10.
Nothing in this chapter shall preclude the applicant from submitting
alternative or revised reclamation plans from time to time.
[Ord. No. 01-02 § V]
The applicant shall submit a performance bond or guarantee in
favor of the Township of Sparta in an amount sufficient to assure
reclamation of the site of quarrying operations pursuant to the reclamation
plan. The amount of the performance bond or guarantee shall be based
upon a certified estimate prepared by an engineer licensed in the
State of New Jersey that reflects the maximum reclamation cost (including
regrading, revegetation and demolition of existing structures) that
exist, or could exist, as a result of operations on the licensed property
during the license period. The performance bond or guarantee shall
be posted in accordance with the following standards:
a.
The form of the performance bond or guarantee shall be subject to
the approval of the Township Council and, if a performance bond, shall
be a performance bond from a recognized surety company authorized
to do business in the State of New Jersey and approved by the Township
Council or a letter of credit, credit or cash, or such other guarantee
as approved by the Township Council.
b.
The amount of the performance bond or guarantee shall be reviewed
and approved by the Township Council based upon information submitted
by the applicant and shall be 110% of the cost of reclamation;
c.
The performance bond or guarantee shall remain in full force and
effect during the entire period that quarrying operations are conducted
and until completion of reclamation after the termination of those
operations. The licensee shall post a maintenance bond in the amount
of 15% of the cost of reclamation to cover the period of two years
after the completion of reclamation.
[Ord. No. 01-02 § VI]
The following fees and deposits shall be submitted with each
original or renewal license application:
a.
Initial application fee deposit: $5,000.
b.
Renewal application fee deposit: $4,000.
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Said fee deposit shall be used to offset reasonable expenses
incurred by the Township in effectuating the terms of this chapter
including, but not limited to, document reviews and inspections. All
deposits shall be placed into an interest earning escrow account.
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Each payment charged to the deposit shall be pursuant to a voucher
that shall identify the personnel performing the service and for each
date the services were performed, the hours spent to the one-quarter
hour increment, the hourly rate and the expenses incurred. All vouchers
shall be submitted monthly to the Township's Chief Financial
Officer. Fees or charges shall be based on a schedule established
by resolution. Review by outside consultants may also include out-of-pocket
expenses as are reasonable. The fees for municipal staff shall not
exceed 200% of the sum of products resulting from multiplying the
hourly base salary by the number of hours spent on the review.
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The Township's Chief Financial Officer shall prepare and
send to the applicant a statement listing all deposits, interest earnings,
disbursements and cumulative balances on a quarterly basis. If the
escrow account contains insufficient funds to enable the municipality
to perform application review, the Township's Chief Financial
Officer shall notify the applicant of the insufficient balance. The
applicant shall post a deposit sufficient to balance the account within
20 days of the aforesaid notice and same shall be a condition of the
issuance of the license.
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Within 30 days after a final action on the application by the
Township, final vouchers must be submitted to the Township's
Chief Financial Officer. The Township's Chief Financial Officer
shall render a written final accounting to the applicant on the uses
to which the deposit was put within 45 days of receipt of the final
vouchers. Any balances shall be refunded with the final accounting.
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The applicant shall post sums necessary to balance the account
within 20 days of receipt of the final accounting and same shall be
a condition of the issuance of the license.
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The applicant, in writing, shall notify the Chief Financial
Officer and the Township Manager of any dispute regarding the charges
submitted by the Township within 20 days of receipt of the final accounting
or same shall be deemed approved. The Township Manager, or its designee,
shall hear the matter and render a written decision within 45 days
of written receipt of notification of dispute by the applicant.
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During the pendency of any appeal, professional review shall
continue and the application shall continue to final decision.
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[Ord. No. 01-02 § VII]
The applicant shall annually post a fee deposit of $4,000 with the Township for reasonable costs associated with services by the Township for conducting inspections. Draws made on the inspection account will be conducted in the same manner as described in Section 23-6, Application Fees, above.
[Ord. No. 01-02 § VIII]
All license applications shall be referred by the Township Clerk
to the Township Engineer, or his designated consulting engineer, the
Township Health Officer and Township Planner for review, and each
will report as to whether the application complies with the requirements
of this chapter. The Township Engineer, or his designated consulting
engineer, the Township Health Officer and Township Planner shall each
make a report and recommendation on the application to the Township
Council within 60 days. The Township Engineer, or his designated consulting
engineer, is hereby authorized as quarry inspector. In conjunction
with the Township Health Officer and Township Planner, he shall conduct
inspections of the quarry property in order to determine whether the
operations are being conducted in accordance with the quarry license
and the terms and provisions of this chapter. Inspections may be conducted
four times per year or as frequently as the quarry inspector determines
is necessary. The quarry inspector may retain such additional consultants
and experts as reasonably appropriate, subject to Council approval.
The quarry inspector shall submit written reports of all quarry inspections
to the Township Council and to the licensee.
[Ord. No. 01-02 § IX]
a.
After receiving the reports of the Township Engineer, the Township
Health Officer and the Township Planner, the Township Council, upon
14 days written advance notice to the applicant, shall at a public
meeting determine whether the application meets the requirements of
this chapter and, if so, shall issue a license to operate a quarry
in the manner set forth in the application. The applicant and other
interested parties shall have the right to be heard by the Township
Council at such public meeting.
b.
Upon each application for a license, the Township and licensee shall
review issues incidental to quarrying, such as noise, blast monitoring,
ground vibration limitations for blasting, sound mitigation, dust
and air and water pollution, as well as any citizen comments that
may be received, and any agreement to address or abate conditions
that violate this chapter shall be incorporated into a separate written
agreement. The Council may include compliance with such agreement
as a condition of approval of the license.
c.
Each application shall be acted upon by the Township Council within 60 days from the date of receipt of the reports and recommendations set forth in Section 23-8, Professional Review of Applications and Inspections, above. If not acted upon within that time, any existing license shall continue in full force and effect until the Council acts upon the renewal application.
d.
A quarry license shall be effective upon approval by the Township
Council. Approval or renewal of a quarry license by the Council shall
not constitute approval of any item or matter that may require separate
review and approval by the Planning Board, or any other Municipal,
County, State or Federal body or agency.
e.
If the Council has not acted upon the application within 180 days,
it shall be deemed to have been approved and the license granted.
[Ord. No. 01-02 § X]
Licenses shall be issued for a period of three years and may
be renewed by filing an application therefore in accordance with the
standards set forth herein. Applications to renew a quarry license
shall be filed with the Township by the applicant at least six months
prior to the license expiration date. The requirement to submit the
renewal application in a timely manner is the sole responsibility
of the licensee. A quarry presently in operation may, provided an
application for a license as provided herein is filed within the time
prescribed, continue in operation pending action upon the application
by the Township Council.
[Ord. No. 01-02 § XI]
a.
Hours of Operation.
1.
Quarrying shall not be conducted for a period of time in excess of
11 gross hours per day. Quarrying may be conducted only on Monday
through Friday between the hours of 7:00 a.m. and 6:00 p.m., prevailing
time, and between 7:00 a.m. and 2:00 p.m. prevailing time on Saturdays,
subject to paragraph a3 below.
2.
Hours of operation for processing, as defined herein, the shipping
of quarry materials, vehicle maintenance in a garaged area, or any
other non-quarrying activity conducted on the quarry property shall
not be regulated other than as other commercial/industrial uses in
the Township are regulated.
3.
Holidays. All quarrying and processing operations except shipping
are prohibited on the following holidays: (1) Memorial Day; (2) Independence
Day; and (3) Labor Day.
All quarrying and processing operations, including shipping,
are prohibited on the following holidays: (1) New Year's Day;
(2) Thanksgiving Day; and (3) Christmas Day.
b.
Drilling. Drilling must be by the wet drilling method or by a method
effective for dust control that complies with NJDEP requirements.
c.
Roads. Roads and traveled rights-of-way within the licensed quarry
premises must be treated with water or other dust inhibiting substance
to reduce the accumulation and dissemination of dust in accordance
with NJDEP requirements.
d.
Drainage. Quarrying must be performed in such a manner that complies
with all NJDEP and Sussex County Conservation District requirements.
e.
Buffers. Buffers shall be required as follows:
1.
A buffer of 100 feet between the disturbed quarry area, including
quarry roads, and any surrounding property not in common ownership
with the property being quarried;
2.
The buffer shall be left in its natural state;
3.
If the buffer area has already been cleared, it shall be landscaped
in accordance with paragraph j below, with a landscape buffer of plants,
shrubs and trees or a solid berm at least 10 feet high planted with
appropriate vegetation;
4.
Where an existing building or stockpile is closer than 100 feet to
an external property boundary a buffer of 1/2 the distance between
the building or stockpile and the boundary shall be required, which
buffer shall comply with the requirements of this chapter;
5.
Quarry products, equipment and materials may not be deposited or
stored on any public or private property or road other than the licensed
premises, except as permitted by zoning ordinance or independent approvals.
f.
Setbacks. After the date of initial license, new buildings, structures,
equipment, quarry product or other material must be 200 feet or more
from an external property line where adjoining properties are in a
residential zone; 100 feet when not adjoining a residential zone.
This restriction shall not apply to contiguous land owned or leased
by the quarry.
g.
Fencing and Gates. A chain link fence, or equivalent approved by
the Township, at least six feet in height must be erected or maintained
along all property lines. All means of ingress and egress shall be
controlled by substantial gates of similar height, which shall be
closed and securely locked unless said gate is in actual use. Reasonable
variations in fence alignment may be made along the perimeter in order
to accommodate existing natural features and terrain thereby making
erection of the fence practicable within the external boundary lines
of the quarry premises. An orange or yellow construction safety fence
at least four feet in height or similar warning fence and warning
signs or other perimeter demarcation, such as rows of large boulders
shoulder to shoulder so as to prevent access between same as may be
approved by the Township Engineer and shall be installed and periodically
relocated above the quarry working face to deter and warn pedestrians.
h.
Signs. A sign at each entrance/exit shall indicate the name and address
of the licensee, and that the business being conducted on the premises
includes a licensed quarry operation.
i.
Dust Control. Dust management practices must be employed at the quarry
at all times in compliance with NJDEP requirements. The Township will
be notified of all dust management plans submitted for approval to
NJDEP.
j.
Landscape Screen. Wherever the licensed premises abuts a public street
or road, natural landscape or buffer or earthen berm with appropriate
vegetation shall be planted and maintained. The landscaping shall
consist of such massed evergreen and deciduous trees and shrubs or
similar natural vegetation as will provide an attractive landscape
buffer throughout the year. Berms shall be inspected semi-annually
and all dead or dying plantings shall be replaced.
k.
Stockpiling. Stockpiling of materials is permitted in any area subject
to setback requirements.
l.
Asphalt, Concrete, Cement. Production of asphalt, concrete and cement
is not permitted, absent the consent of the Township Council..
m.
Plans, Permits and Notices of Violations. A copy of the Sussex County
Soil, Erosion and Sediment Control Plan, NJDEP, and other permits
and notices of violations and penalty assessments relative to operation
of the quarry shall be maintained at the quarry site and shall be
provided to the Township with the license application and continuously
updated as received by the applicant.
n.
Lateral Support. No quarrying shall be permitted which will threaten
the lateral support of abutting properties as demonstrated by stability
calculations submitted by the applicant and certified by an engineer
licensed in the State of New Jersey.
o.
Blasting. Blasting shall only be conducted between the hours of 9:00
a.m. and 6:00 p.m. Monday through Friday, in compliance with State
regulations; subject to paragraph a3 above. On each occasion when
blasting is to be conducted, written or verbal notice shall be given
to the office of the Township Clerk. Notice shall be given at least
two hours prior to the proposed detonation unless prevailing conditions
make it impossible, but in no case less than 1/2 hour. Additionally,
all residents within 500 feet of any quarry property line who have
in writing requested notice shall be notified verbally at least 1/2
hour prior to the proposed detonation. The licensee may provide a
weekly or monthly written schedule of blasting detonation to the Township
Clerk and residents entitled to notice in satisfaction of this paragraph.
The applicant shall file with the Township Clerk written claims
of damage due to blasting within 10 days of receipt and the results
of applicant's investigation of those claims within 90 days of
the date of the claim.
The applicant shall monitor each blast with seismographic equipment
and shall identify on the license plans the locations of seismographic
equipment.
p.
Warning Signals. To the maximum extent possible, and as permitted
by law and regulation, strobe lights shall be used instead of back
up alarms on all quarry equipment.
[Ord. No. 01-02 § XII]
a.
The Township Engineer, in consultation with the Township Health Officer
and Township Planner, may enforce the provisions of this chapter by
filing a complaint of a violation in the Municipal Court of the Township,
or issuing a written order of abatement prior to filing a complaint,
requiring that any alleged violation be abated within 20 days of receipt
of said notice or sooner if an imminent danger or hazard is observed.
The written order of abatement shall be served by hand delivery to
the quarry premises or by regular and certified mail. The licensee
may request an extension of the abatement notice by serving a written
notice upon the Clerk of the Township of Sparta setting forth the
reasons for an extension and identifying a date when the abatement
will be complete. Approval of such extension shall not be unreasonably
withheld, conditioned or delayed.
b.
If the enforcement officer issues a violation the matter shall be
heard in the Municipal Court of the Township of Sparta. A person or
entity that pleads or is found guilty of violation of any provision
of this chapter shall pay a fine of not less than $100 and not more
than $1,000 for each violation. Each day that a violation continues
shall be considered a separate and distinct violation in the event
the quarry fails to cure the violation pursuant to the terms of this
chapter.
c.
The enforcing officer shall render a report to the Township Council
of any violation of the provisions of this chapter and shall provide
a copy to the licensee.
d.
In addition to the foregoing, the violation of any provision of this
chapter which endangers the 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.
e.
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 therefore.
[Ord. No. 01-02 § XIII]
a.
The Township Council may suspend or revoke any quarry license if
it finds the licensee is violating a material term or provision of
this chapter or the license, or an applicable statute of the State
of New Jersey and the licensee has not abated the violation following
the review as set forth herein. Before suspending or revoking a license,
the Township Council shall give the licensee 20 days' written
notice specifying the grounds upon which the licensee is proposed
to be suspended or revoked. The licensee shall have 15 days from receipt
of said notice to request a hearing in writing by certified mail addressed
to the Township Manager or shall be deemed to have waived same. A
hearing shall be scheduled with the Township Manager, or his designee,
serving as the Hearing Officer within 60 days of receipt of the request
and a decision shall be rendered by the Hearing Officer within 10
days after the hearing has concluded.
b.
A license may be suspended or revoked in the event the taxes due
on the property upon which the quarry operation is or will be conducted,
have not been paid for at least three consecutive quarters in the
event that the licensee is the owner of the property or there is common
ownership of the quarry operation and the quarry property. Upon payment
of the delinquent taxes or assessments, the license shall be restored.
[Ord. No. 01-02 § XIV]
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 or
any other municipal ordinance, the more restrictive provisions of
such ordinances shall be deemed to control.
