[1985 Code § 29-1.1]
It is the intent of this chapter to license and regulate quarries for the protection of persons and property; for the preservation of the public health, safety and welfare of the Borough of Ringwood and its inhabitants; and to insure that such extraction operations shall be conducted in such a manner as to create a minimum of annoyance from noise, dust and other potential nuisance factors to nearby owners or occupants of property; to provide for the safety of persons, particularly children; and to insure that disturbed areas shall be progressively reclaimed during extraction operations and completely rehabilitated when extraction operations have been completed or otherwise terminated.
This chapter will promote the purposes of the Municipal Land Use Law, the State Development and Redevelopment Plan and the Borough Master Plan.
[1985 Code § 29-1.2; Ord. No. 1999-04]
As used in this chapter:
BUFFER
Shall mean land area used to separate one use from another or to shield or block noise, lights, or other nuisances.
LICENSEE
Shall mean the holder of an extraction license issued pursuant to this chapter.
MAINTENANCE
Shall mean the repair or reconstruction of equipment on the extraction property. "Maintenance" shall include the testing of equipment which has been repaired or reconstructed.
OPERATOR
Shall mean any person engaged in and controlling the business of conducting a quarry, including sand and gravel or other extraction activities.
PERSON
Shall mean any individual, firm, partnership, association, corporation, company or organization of any kind.
PROGRESSIVE RECLAMATION
Shall mean the rehabilitation, regrading and landscaping of a portion or portions of the tract simultaneously with the extraction of resources.
QUARRY
Shall mean a place where stone, rock, ore, sand, gravel, slate, shale or similar mineral resources are extracted, blasted, excavated, crushed, washed, graded, stored or otherwise processed for use on or off of such property. Quarry shall also mean to perform the act of quarrying.
QUARRY PROPERTY
Shall mean all real property upon which a quarry is located.
QUARRYING OR EXTRACTION
Shall mean the extraction or excavation or processing of rock, ore, stone, sand, gravel, slate, shale, or similar mineral resources located on the quarry property.
REHABILITATION
Shall mean the reconditioning of the area of land affected by extraction or extraction activities so as to restore same after completion of the extraction operations. "Rehabilitation", "reclamation" and "restoration" as used in this chapter are synonymous.
SOIL
Shall mean sand, clay, loam, gravel, humus, dirt or similar natural material capable of supporting vegetation.
STORAGE
Shall mean to place extraction materials aside for use when needed.
TEST
Shall mean to examine equipment or vehicles wherein the testing is accomplished without the introduction of extracted material into the equipment and without the processing of any extraction product.
TOPSOIL
Shall mean soil that in its natural state constitutes the top layer of earth and is composed of 2% or more, by weight, of organic matter and has the ability to support vegetation.
[1985 Code § 29-1.3]
a. 
License Required. It shall be unlawful for any person to conduct the business of extraction activities within the Borough without first having obtained a license in accordance with the requirements of this chapter.
b. 
Exceptions. The provisions of this chapter shall not apply to the following:
1. 
Excavations for the construction or repair of individual subsurface sewage disposal systems (septic systems) when such construction or repair is performed pursuant to a permit duly issued by the Ringwood Borough Health Department and/or Ringwood Borough Sewage Authority (RBSA).
2. 
New construction or additions pertaining to one- and two-family homes and related accessory structures, which is subject to the approval and issuance of a permit therefor by the Ringwood Borough Building Department.
3. 
The movement of less than 50 cubic yards of earth material or 500 square feet of disturbed area, whichever amount is less within a two year period, provided, however, extraction activities in furtherance of site plan or subdivision approval shall not be governed by this chapter but continued to be governed pursuant to the terms of Chapter 25, Soil and Soil Removal.
4. 
Extraction activities conducted by the North Jersey District Water Supply Commission on its property.
5. 
Desilting of a lake as part of ongoing normal lake maintenance.
[1985 Code § 29-1.4; Ord. No. 1999-04; Ord. No. 2000-14]
Applications for licenses required by this chapter shall be upon forms provided by the Borough Clerk, shall be signed and verified by the applicant, and shall set forth or be accompanied by the following information:
a. 
Names and Addresses. The name and business address of the applicant, if an individual; the name and business address of each partner, if a partnership; the corporate name, date and State of incorporation, and name and business address of each officer and stockholder with an interest of 10% or greater, if a corporation; and the name and business address of each plant officer and plant manager. If a corporation is not incorporated in the State of New Jersey, the applicant shall state whether the corporation is authorized to do business in the State of New Jersey. If a corporation has any stockholder which is a partnership, the applicant shall state the name and business address of each partner of each stockholder. If a corporation has any stockholder which is a corporation, the applicant shall state the name and business address of each officer of each stockholder.
b. 
Owner's Consent. The name and business address of each owner of the extraction property. If the applicant is not the sole owner, written consent of each owner must be furnished.
c. 
Operations Map. 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 submission shall be at a scale of one inch equals 100 feet, except that if a larger scale is required to show specific areas and details, supplemental maps shall be included at the larger scale. If one sheet is not sufficient to contain the entire property and surrounding area as required by this paragraph, the map shall be divided into sections shown on separate sheets of equal size, with reference on each sheet to the adjoining sheets;
2. 
A key map showing the extraction 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) 
Name of extraction activity, municipality and County;
(b) 
Name and address of operation;
(c) 
Scale;
(d) 
Date of preparation;
(e) 
Name, address, signature and license number of the preparer; and
(f) 
Map clearly identified as "Operations Map".
4. 
Graphic and numeric scale;
5. 
Revision box;
6. 
All boundary lines with lengths of courses to 100th of a foot and bearing to 1/2 minute, the error of closure not to exceed one to 10,000;
7. 
Zone boundaries;
8. 
Existing block and lot number(s) of the extraction property as they appear on the Municipal Tax Map;
9. 
Block and lot numbers and names and addresses of the owners of record of all properties within 500 feet of the extraction property, as shown on the most recent tax list prepared by the Tax Assessor, and any municipal boundary;
10. 
Acreage of the extraction property to the nearest tenth of an acre;
11. 
A copy of each restrictive covenant of every nature, existing by deed or otherwise, affecting the extraction property;
12. 
Existing contours, at five feet intervals for the extraction property and the area within 500 feet of the perimeter of the extraction property. Elevations must be based on USGS (United States Geological Survey) data;
13. 
Location of all existing equipment and structures, whether permanent or temporary, and their uses (excluding rolling stock);
14. 
Location of all internal roadways and parking areas;
15. 
Location of all stockpile areas and traffic patterns, including location, type and coverage area of all stationary dust control devices;
16. 
Exterior limit of all extraction or extraction-related activities and earth disturbance;
17. 
Location of all existing fencing and fencing proposed to be constructed during the two year license period;
18. 
Location, direction of illumination, wattage and type of exterior lighting, including times when the lighting is used;
19. 
Location and type of existing and proposed buffer areas;
20. 
Location of all top soil piles;
21. 
All means of vehicular ingress and egress to and from the extraction property onto public streets, showing the design and location of driveways and curb cuts, including any necessary devices to prevent a hazardous traffic situation;
22. 
Plans for stormwater management shall be prepared consistent with applicable State statutes, rules and regulations;
23. 
A soil erosion and soil sedimentation control plan for the extraction property conforming, at a minimum, to Soil Conservation Service standards; and
24. 
The area where the extraction is requested to occur during the license period.
d. 
Other Requirements. A listing of licenses, permits or other approvals required by municipal County, State, or Federal law and the status of each.
e. 
Insurance. Policies of insurance naming the Borough of Ringwood as an insured party shall be attached to the application evidencing liability coverage in an amount of 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 such insurance shall be provided to the Borough annually on the anniversary of the license issuance date.
f. 
An estimate of the tons of mineral to be extracted over the license period and over the remaining life of the quarry. Also provide estimate of remaining years of quarrying.
g. 
A written study, prepared by a competent party, of all wells serving residences within 500 feet of the extraction property. The report shall contain information, if reasonably available, as to the type of well, depth, average volume of flow per minute and condition of the well. The applicant shall also submit a written report by a competent party providing information as to the structural status of all residential units within 500 feet of the extraction property. Reports will not be required from those residences where the owners did not cooperate with the applicant in obtaining the necessary information.
h. 
A detailed dust management plan which describes equipment and practices which will be implemented to minimize fugitive dust emissions from the operation.
i. 
A rehabilitation plan shall be submitted as per Section 26-5.
[1985 Code § 29-1.5; Ord. No. 1999-04; Ord. No. 2000-14]
a. 
Rehabilitation Plan Required. Prior to approval of an initial license application, or license renewal application, a plan for rehabilitation of the extraction property, including the data required under Section 26-4 shall be submitted for approval.
b. 
Contents of Plan. The plan shall provide for rehabilitation of those areas no longer utilized for extraction and for progressive reclamation for active extraction areas based on the initial license or license renewal period and final rehabilitation of the entire property when extraction is to be terminated. Provisions shall be made for the completion of all rehabilitation within a period of one year after termination of extraction operations. Provision shall be made for the rehabilitation of extracted areas prior to the opening of new areas. The rehabilitation plan shall make provisions for simultaneous extraction and rehabilitation. The rehabilitation plan shall show interim and ultimate plans for the development of the premises.
c. 
Progressive Reclamation. Progressive reclamation shall consist of the temporary stabilization of area not presently being quarried by the use of vegetation and other techniques and procedures to control dust and soil erosion and sedimentation.
d. 
Review of Plans. The plans shall be reviewed, analyzed and evaluated based upon the utility of the rehabilitated area to be reasonably used for a use or uses permitted by the Borough Zoning Ordinance and conformance with the rehabilitation standards established herein.
e. 
Minimum Rehabilitation Standards. The minimum rehabilitation standards are as follows:
1. 
Maximum final slopes in rehabilitated areas shall not exceed the following:
(a) 
Areas where the final highwall is characterized by rock or similar material shall be graded so no slope exceeds 45° (1H:1V) measured from the horizontal.
Slopes between 26.6° (2H:1V) and 45° shall be designated and certified by a professional engineer licensed in the State of New Jersey. At least 60 days prior to beginning reclamation activities in areas where the final slope will be between 26.6 and 45°, the applicant will submit to Ringwood Borough a stability analysis prepared by a professional engineer licensed in the State of New Jersey that demonstrates that the backfill material and construction techniques proposed for the reclamation will achieve a factor of safety of at least 1.5. Upon completion of the reclamation in these areas, the applicant will provide certification prepared by a professional engineer that the reclamation was performed in accordance with the plan submitted to the Municipal Council.
(b) 
Areas where the final highwall or backfill material is characterized by soil, sand, gravel or similar material shall be graded with slopes not to exceed 26.6° (or 2 to 1) slope measured from the horizontal.
2. 
All final grades shall be covered by a layer of soil, or earthen material capable of supporting vegetation, two feet in thickness, the top six inches of which is topsoil, unless an alternative depth is approved by the Municipal Council. The plan shall include a narrative that an adequate volume of suitable material is available to rehabilitate the site.
3. 
A revegetation plan shall be prepared for all rehabilitated areas. The plan shall be designed to revegetate the area to land uses similar to that which existed prior to the commencement of extraction operations. Revegetation plans shall include a description of soil preparation, stabilization and soil replacement plans which conform to Soil Conservation Service Standards. The plan shall also include a description of soil nutrient applications; temporary and permanent seed mixtures and application rates; size, type and planting plan of woody species; and a one year maintenance plan. The plan must provide for permanent and complete revegetation of all areas affected by the extraction operations.
4. 
Nothing in this paragraph shall preclude the applicant from submitting alternative or revised plans for rehabilitation from time to time.
5. 
The rehabilitation plan shall remain in effect until regrading and revegetation is completed to the satisfaction of the Borough of Ringwood.
6. 
At each license renewal period, the extraction applicant shall be required to describe the rehabilitation that has been accomplished in the prior license issuance or renewal period.
[1985 Code § 29-1.6; Ord. No. 1999-04]
The applicant shall submit a Performance Guarantee in favor of the Borough of Ringwood in an amount necessary to assure the completion of the rehabilitation improvements scheduled pursuant to the rehabilitation plan approved by the Municipal Council. The amount of Performance Guarantee shall be based upon a certified estimate prepared by an engineer licensed in the State of New Jersey, which reflects the maximum rehabilitation exposure (including regrading, revegetation and demolition of existing structures) which could exist on the licensed property during the license period. The form of the Performance Guarantee shall be approved by the Borough Attorney. The applicant may apply to the Municipal Council for reduction to the Performance Guarantee as rehabilitation work is completed in accordance with the rehabilitation plan.
[1985 Code § 29-1.7; Ord. No. 1999-04]
The following fees and deposits shall be submitted with each extraction license application:
a. 
Initial Application Fee. $5,000.
b. 
Subsequent Application Fees. Initial deposit, $4,000. Each payment charged to the deposit shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service and, for each date the services performed, the hours spent to 1/4 hour increments, the hourly rate, and the expenses incurred. All professionals shall submit vouchers monthly to the Chief Financial Officer along with a copy of all vouchers and statements to the applicant. If services are provided by a municipal employee, the employee shall submit vouchers and any statements in the same manner to the same persons as do professionals mentioned above.
c. 
Financial Statement; Notice of Insufficient Funds. The 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 or deposit contains insufficient funds to enable the Municipality to perform application review, the 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.
d. 
Final Bill. Within 30 days after final action on the application by the Municipal Council, the professionals shall submit a final bill to the Chief Financial Officer with a copy to the applicant. The 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 bill. 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.
e. 
Disputed Charges. The applicant, in writing, shall notify the Chief Financial Officer and the Municipal Council of any dispute regarding the charges for professional services within 10 days of receipt of the charges. The Municipal Council, 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.
f. 
Fee Schedule. 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 a municipal staff professional shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary by the number of hours spent on the review.
[1985 Code § 29-1.8; Ord. No. 1999-04; Ord. No. 2000-14; Ord. No. 2008-#13 § 1]
a. 
Extraction Inspector Designated; Frequency of Inspections; Reports. The Borough Engineer or his authorized representatives are hereby designated as Extraction Inspector. The Extraction Inspector shall conduct inspections of the extraction property and extraction activity in order to determine whether operations are being conducted in accordance with the extraction license and the terms and provisions of this chapter and all Borough ordinances. Inspection shall be conducted at least four times annually or more frequently as the Extraction Inspector determines is reasonably necessary. The Extraction Inspector shall submit written reports of all extraction inspections to the Municipal Council and the licensee. Inspection shall be made of, but not limited to: buffers, rehabilitation, noise, dust management, slopes, cuts, runoff, water quality and hours of operation.
b. 
Inspection Fees. Inspection fees in the amount of $8,000 per year shall be payable on January 1st of each year, effective January 1, 2009. Inspections may be unannounced.
[1985 Code § 29-1.9; Ord. No. 1999-04]
Extraction, the sale or trucking of extraction materials, operation of equipment, and installation of site improvements may be conducted only from Monday through Thursday between the hours of 7:00 a.m. and 6:00 p.m. and on Friday from 7:00 a.m. to 5:00 p.m. No motor vehicle shall enter upon the quarry property for the purpose of obtaining any materials extracted from the quarry property or for the purpose of delivering any materials, equipment, supplies or other items except during the hours when the sale or trucking of extraction materials is permitted. The hours of sale or trucking may be extended by the Borough Manager upon a demonstration that an extension is necessary in order to provide materials during a snow or other emergency or to governmental bodies. Maintenance of equipment shall be permitted Monday through Thursday between the hours of 7:00 a.m. and 6:00 p.m. and on Friday between the hours of 7:00 a.m. and 5:00 p.m. The hours of maintenance may be extended by the Borough Manager upon a demonstration of good cause. Office administration may be conducted at any time. No extraction or any other activities shall be conducted on Saturdays, Sundays, Christmas, New Year's Day, Easter, Memorial Day, July 4, Labor Day or Thanksgiving Day.
[1985 Code § 29-1.9; Ord. No. 1999-04; Ord. No. 2000-14]
a. 
All drilling must be done by the wet drilling method or by any other method of equivalent effectiveness for dust and noise control. Where conveyors discharge materials of less than one inch in diameter onto stockpiles of such material, spray bar sprinklers or any other method of equivalent effectiveness shall be used as needed to control dust emissions. All stockpiles containing material less than 1/4 inch in diameter shall be watered utilizing a pressurized water truck or other appropriate means.
b. 
Crusting agents may be utilized provided the agent is nontoxic to plants, animals and humans.
c. 
All temporary (defined as in existence for 60 days or less) roads, traveled rights-of-way, or equipment working areas within the extraction property must be regularly treated with water, or other approved dust-arresting agent, as necessary to substantially reduce the accumulation and dissemination of dust beyond the boundaries of the quarry property. Watering by a pressurized water truck is hereby required at such times and under such conditions to reasonably control the emission of dust. However, the water sprays may be turned off during significant precipitation events or when the traveled areas are wetted by some other natural occurrence. All such treatment shall be in accordance with Soil Conservation Service standards and regulations.
d. 
Entrance and exit roads shall be paved for minimum distance of 300 feet from the public right-of-way and shall be washed down daily to control dust and mud from tracking onto public roadways. Such paved road shall be at least 24 feet and no more than 36 feet in width. Proper storm drainage and water quality control shall be provided as required.
e. 
The public streets within 200 feet of each exit from a quarry, measured from the projected centerline of the exit, shall be kept free from accumulations of dust, mud, dirt and similar material, caused to be deposited by the licensee or customers of the licensee. If a licensee fails to remove dust from such public streets within one day's notice to the licensee or operator of the extraction activity, the licensee shall be guilty of a violation of this chapter, and the Borough may remove such dust by any reasonable means and bill the cost of such removal to the licensee. Failure to pay the cost of removal within 30 days of billing shall be a violation of this section and shall be a cause for suspension of the extraction license pursuant to this chapter.
f. 
Audible back-up warning devices on vehicles, used in the quarrying process, shall be restricted to minimum decibel levels allowed by the appropriate regulatory agency(ies).
[1985 Code § 29-1.9]
No extraction shall be permitted within 50 feet of the extraction property line. No crusher shall be located within 300 feet of a residential use property line. No extraction shall be permitted which will endanger the lateral support of the abutting properties.
[1985 Code § 29-1.9; Ord. No. 1999-04; Ord. No. 2000-14]
a. 
A buffer zone of 50 feet in width shall be established along the exterior boundary (property or license limit) line of the licensed property. Within this buffer zone, the applicant shall construct an earthen berm, as hereafter described, which shall be landscaped with a natural flora screen consisting of permanent grasses and massed evergreens, deciduous trees and shrubs. The grasses shall be planted to maintain permanent vegetative cover and prevent berm erosion. The woody species shall be at such density to provide a substantial visual screen throughout the full course of the year.
b. 
The berm shall be constructed to a minimum height of 10 feet (not including the height of flora to be planted thereon) measured from ground level at the centerline of the berm. The berm shall possess a minimum top width of 10 feet and maximum side slopes of 1.5H to 1V. The top width of the berm shall be planted with the permanent grasses and woody species as described above.
c. 
A waiver from the requirement to construct a berm may be granted in certain circumstances when requested in writing by the applicant, and when the land in question possesses attributes or conditions which fulfill the intent of the buffer zone requirement. Such circumstances may include, but not be limited to: (a) areas where the buffer zone contains dense growth of existing flora such that a visual screen naturally exists; (b) where existing topography provides a natural screen; and (c) where the adjoining property owner provides written acknowledgment that a screen is not necessary for his benefit provided, however, that other adjoining property owners do not lose their visual screen by not constructing a berm.
[1985 Code § 29-1.9; Ord. No. 1999-04]
A chain link fence with a minimum height of six feet shall be erected around the perimeter of the quarry property. The fence shall be located within the fifty-foot buffer taking into consideration proximity of neighboring uses, streets, residences, topography and existing and proposed vegetation, landscaping and berms. All means of ingress and egress shall be controlled by substantial gates of similar size.
[1985 Code § 29-1.9; Ord. No. 1999-04]
Signs shall be maintained at all entrances and exits of the extraction property indicating the name and address of the licensee along with the telephone numbers where the licensee can be contacted at any time of the business day.
The sign must be a minimum of six square feet with minimum lettering height of two inches. Additionally, the Borough Police shall be provided with a twenty-four-hour hour telephone number for use in case of emergency.
[1985 Code § 29-1.9; Ord. No. 1999-04; Ord. No. 2000-14]
The primary crusher shall be enclosed in a sheet metal, structural steel, or equivalent structure containing a minimum of six inches of sound attenuating insulation or equivalent on all interior surfaces. Areas of the crusher which require constant outside access for the safe and proper use of the equipment need not be enclosed. The enclosed structure shall conform to all applicable laws, rules and regulations. Secondary and tertiary crushers shall be provided with water sprays which shall be operated to control dust from those facilities.
[1985 Code § 29-1.9; Ord. No. 1999-04; Ord. No. 2000-14]
a. 
Performance Standards. Performance standards as set forth in Article 9 of the Borough Zoning Ordinance governing vibration, glare, smoke, odors, fly ash, dust, noise, radioactivity or electrical disturbance, fire and explosion hazard, liquids and solid waste shall also govern extraction.
b. 
Removal of Vegetation. No vegetation, including trees, shall be cut down or removed from the extraction property unless the vegetation has been designated for removal on the license application.
c. 
Floor Elevation. The final quarry floor elevation shall be developed with a maximum 3% slope to ensure positive drainage from and within the premises. No extraction shall be conducted below U.S.G.S. elevation datum 370 feet.
d. 
Nonconforming Conditions. In areas of pre-existing, nonconforming conditions, new excavation shall proceed from the point calculated to conform with this chapter. Reestablishment of conforming buffers and side slopes shall be required.
e. 
Compliance with Chapter. Extraction shall be undertaken in a manner which will allow conformance to the regulation of operations and rehabilitation sections of this chapter.
f. 
Marking of Perimeter. The perimeter of the area proposed to be affected during the license period shall be marked by wooden stakes and indicators on rocks and trees.
g. 
Topographical Map. On every one year anniversary of the approval date of the license, the licensee shall provide to the Borough a map showing the topographical conditions of the licensed premises. The map shall be prepared with five-foot contour intervals and shall represent the actual topographical condition existing on the anniversary date. The map shall be certified by a professional engineer licensed by the State of New Jersey. The date for submission may be extended by the Municipal Council if ground conditions do not allow for an accurate analysis.
h. 
Storage of Materials. The quarry property shall not be used to store, process, treat, recycle, sell, or transfer any rock, stone, sand, gravel or soil which is not extracted from the quarry property. No concrete shall be stored, processed, treated, recycled, sold or disposed of at or upon the quarry property. Notwithstanding the foregoing, the aforesaid materials may be brought to the quarry property for use in the construction, repair or maintenance of buildings, structures, equipment, roads, drainage facilities and other site improvements on the quarry property and for the purposes of erecting or stabilizing slopes and walls and to aid in the rehabilitation of the quarry property.
[1985 Code § 29-1.11; Ord. No. 1999-04; Ord. No. 2000-14; Ord. No. 2006-#1]
a. 
The initial extraction license shall be issued for a period of two years and subsequent extraction licenses shall be issued for a period of three years after the termination date of the previous license period. The Council of the Borough of Ringwood shall have the sole discretion to determine, by resolution, whether the license period may be extended for a period not to exceed three years from the date of approval of the license application rather than three years from the date of termination of the previous license period.
b. 
The owner or operator of an existing or proposed extraction activity shall submit a complete license application to the Borough Clerk along with all supporting documents and exhibits as specified in this ordinance. The applicant shall submit 15 copies of the application and supporting documents and exhibits. Additional copies shall be supplied upon Borough request.
c. 
The Borough Clerk shall review the submissions and shall make a determination within 45 days of receipt of the application and supporting documents and exhibits as to whether the applicant has submitted a complete application and advise the applicant within the forty-five-day period of the completeness of the application and, if incomplete, the applicant shall be supplied with a written statement of the incomplete items.
d. 
The Municipal Council shall conduct a public hearing(s) and shall adopt a resolution directing the Borough Clerk to issue or withhold the issuance of an extraction license within 120 days of the date of the determination of completeness by the Borough Clerk. The Council may request extensions as needed to complete its review and hearings.
e. 
All extraction licenses shall state the effective commencement date and shall state the expiration or termination date.
f. 
All renewal applications shall be filed with the Borough Clerk no later than six months prior to the expiration of the current license. The responsibility to submit any renewal application rests upon the licensee and is not dependent on notification by the Borough.
g. 
A violation of this chapter shall be deemed to have occurred if applications are not submitted in accordance with the foregoing. Any and all violations shall be investigated and prosecuted as set forth in Section 26-13.
[1985 Code § 29-1.12]
An approval or renewal of an extraction license by the Borough Clerk shall not constitute approval of any item or matter that may require a separate approval from the Board of Adjustment, the Planning Board, or any other Municipal, County, State or Federal authority having jurisdiction.
[1985 Code § 29-1.13]
The Municipal Council may suspend any extraction license for reasons specified in this chapter or if it finds that the licensee is violating any term or provision of this chapter, the license, the rehabilitation plan or any other applicable law or statute. The licensee shall be given 10 days' written notice specifying the grounds upon which a license is proposed to be suspended or any opportunity to be heard.
[1985 Code § 29-1.14; Ord. No. 2000-14; Ord. No. 2014-15]
a. 
Enforcement Authority. This chapter shall be enforced on behalf of the Borough by the Extraction Inspector, Borough Police Department, Borough Manager or such other person(s) as designated by the Borough Manager who shall investigate any violation of this chapter which she/he knows of or which comes to her/his attention by complaint of any person and shall have the authority to prosecute a complaint in the Municipal Court.
b. 
(Reserved)
c. 
Emergency. Notwithstanding any provision to the contrary, whenever the Enforcement Officer finds an emergency condition in violation of this chapter which requires immediate action to protect the public health and safety, he or she may issue an order to the licensee reciting the emergency condition and requiring that such action be taken by the violator on a date set forth by the Enforcement Officer.
d. 
Penalties.
1. 
Any person who violates any provision of this section or who fails to comply with any of the requirements of this section shall, for each such violation or offense, be liable to a minimum penalty of $500 per day or imprisonment for a term not to exceed 90 days or both. Each day a violation or offense continues shall be considered a separate offense. Restoration of the property to its previolation condition shall be undertaken.
2. 
The remedies provided herein are not exclusive. The Municipal Council and/or the Borough Manager may file such actions in law or equity that are necessary to enforce the terms of this chapter and as are necessary to protect the public health, safety and welfare.
3. 
Nothing in this section shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injuries to persons or property and to maintain any action or other appropriate proceeding therefor.
[1985 Code § 29-1.15]
Nothing in this chapter shall be construed as repealing any provision of any other Borough ordinance which regulates or controls quarrying or its incidental activities either directly or indirectly, or which furthers the general purposes of this chapter in any way. If any regulation in this chapter differs from the same or similar regulation of any other Borough ordinance, the more restrictive provision shall be deemed to control.