[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:
APPLICANT
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.
OPERATOR
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.
OWNER
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.
PROCESSING
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.
QUARRY
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.
QUARRYING
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.
RECLAMATION
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.
RECLAMATION PLAN
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.
3. 
Title block showing:
(a) 
Quarry name, municipality and county.
(b) 
Address of operation.
(c) 
Scale.
(d) 
Date of preparation or revision(s).
(e) 
Name, address, telephone number, license number, seal and signature of the preparer.
(f) 
Map shall be clearly identified as "Operations Map."
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.
3. 
Title block showing:
(a) 
Quarry name, municipality and county.
(b) 
Address of operation.
(c) 
Scale.
(d) 
Date of preparation or revision(s).
(e) 
Name, address, telephone number, license number, seal and signature of the preparer.
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.
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.
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.
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.
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.
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.
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.
During the pendency of any appeal, professional review shall continue and the application shall continue to final decision.
[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.