[HISTORY: Adopted by the Township Committee
of the Township of Harmony 11-2-1982 by Ord. No. 0:82-5 (Ch.
128 of the 1990 Code). Amendments noted where applicable.]
[Amended 5-2-2023 by Ord. No. 23-05]
A. All persons, firms or corporations hereinafter desiring to operate any sand and gravel pit or other industrial excavation within the Township of Harmony shall, before commencing such operation or excavation or continuing any operation during any calendar year, apply to the Township Committee for a permit to conduct such operation or excavation. Applications for such permits shall be furnished upon request from the Township Clerk, which, upon submission by the applicant, should have annexed thereto a plot plan, both of which shall be in accordance with §§
351-5 and
351-6 hereof. Upon a determination being made that the application is complete and prior to the issuance of the permit, a public hearing shall be conducted upon the application therefor by the Township Committee, upon 15 days' notice, in writing, to the applicant and the owners of the adjoining premises, setting forth the time and place thereof, at which time all interested persons shall be given an opportunity to appear and be heard.
B. Application for such permit shall be filed no less than 10 days before
February 1 of the application year. Any permit(s) issued pursuant
to this chapter shall last three years, commencing on February 1 and
expiring on January 31, three years after the issuance, or renewal,
thereof.
A. As used in this
chapter, the following terms shall have the meanings indicated:
OPERATOR
Any person engaged in and controlling the business of conducting
a quarry.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
QUARRY AND INDUSTRIAL EXCAVATION
A place where stone, shale, slate or gravel or other natural material is excavated, crushed, washed, graded or otherwise processed. The excavation of sand, gravel or other natural mineral deposits for incidental use on the premises, for grading such premises or in connection with the construction of buildings or other structures in conjunction with an approved subdivision or site plan is permitted in any district, provided that the same is not prohibited pursuant to the terms of Chapter
525, Zoning.
[Amended 8-7-1990 by Ord. No. 0:90-15]
QUARRYING
Those aspects of the business of conducting a quarry as relate
directly to the excavation and processing of stone, shale, slate,
gravel or other natural material and the removal thereof from quarry
premises.
RECLAMATION
The reconditioning of the area of land affected by quarrying
operations to restore the same to a productive use after termination
of quarrying operations consistent with the Master Plan adopted by
the Land Use Board of the Township of Harmony.
RECLAMATION PLAN
A written proposal approved by the governing body of the
Township of Harmony for reclamation of the area of land affected by
quarrying operations, including land use objectives, specifications
for grading, manner and type of vegetations and such maps and other
supporting documents as may be required by the governing body.
B. Terms and words
not defined in the Harmony Township Site Plan Ordinance, the Harmony
Township Subdivision Ordinance or the Harmony Township Zoning Ordinance,
hereinafter referred to as the "Land Use Regulations," shall have, for the purposes of this chapter, the meanings
given them in the Land Use Regulations as the same now reads or may
be amended.
C. Terms and words
not defined in any of the foregoing sources shall have the meanings
established by common usage of the words unless the context herein
clearly indicates the contrary.
Hours of operation shall be from 6:00 a.m. to
8:00 p.m. on all weekdays, Mondays through Saturdays. On all Sundays
there shall be no operation other than such operation as may be necessary
for maintenance of equipment. No machinery or motor vehicles shall
be operated upon the sand and gravel pit and/or industrial excavation
site prior or subsequent to the permitted hours of operation hereinbefore
mentioned.
A. Quarrying as may
be permitted pursuant to the terms of the Harmony Township Zoning
Ordinance variances or exceptions granted thereto or as preexisting
uses shall be subject to the applicable provisions of this chapter
relative thereto.
B. Quarrying for
commercial purposes shall be permitted only in accordance with the
following terms and conditions.
The plot plan and application shall contain,
as a minimum, the following information:
A. Maps and plans
submitted in compliance with this chapter shall be 24 inches by 36
inches.
B. The title block
shall include the following information:
(2) The name,
address, membership or license of the professional person who prepared
the drawings.
(4) The drawing
reference number.
(5) The scale
of the drawing.
C. Drawings shall
also include the following:
(1) A North arrow
and reference meridian.
(2) The date of
the original drawing and date and the nature of all subsequent revisions.
D. General plot plan
requirements:
(1) The plot plan shall reflect standards for development in Subsection
E.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(2) The plot plan
shall be drawn at a scale in accordance with the following table:
Area of Site
(acres)
|
Scale Not To Be Less Than
|
---|
Less than 40
|
1 inch equals 50 feet
|
Over 40
|
1 inch equals 100 feet
|
(3) The plan shall
include the following data:
(a) The name
and address of the operation and the owner and the name, address and
title of the person preparing the plan and maps, including appropriate
map titles and accompanying data.
(b) The acreage,
Municipal Tax Map lot and block numbers and tax sheet numbers of the
lot or lots.
(c) A key location
map showing the site and its relationship to surrounding areas and
zone boundaries within a minimum of 1/4 mile.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(d) All existing,
proposed and minimum required setback dimensions as required by the
Zoning Ordinance.
(e) Landscaped
areas, fencing and trees over four inches in diameter, except that
where trees are in mass, only the limits thereof, if proposed to remain,
need be shown, or, if proposed for removal, only trees over nine inches
in diameter need be shown.
(f) All existing
and proposed signs and utility poles and their size, type of construction
and location.
(g) The existing
and proposed principal building or structures and all accessory buildings
or structures.
(h) The location
of all existing buildings, drainage and parking area within 200 feet
of the lot.
(i) Existing
topography depicted by contours at two-foot intervals based upon New
Jersey Geodetic Control Survey datum for the site and areas within
50 feet of the site. Topography shall be no less than four years old
for the entire site and shall be updated annually for those areas
which have been modified or otherwise disturbed.
[Amended 8-7-1990 by Ord.
No. 0:90-15]
(j) An accurate
boundary survey prepared and certified by a New Jersey licensed land
surveyor. The survey shall be based on a field traverse with an error
of closure not less than one part in 10,000.
(k) The approximate
location and size of all existing and proposed storm drainage facilities,
plus all design data supporting the adequacy of the existing or proposed
facility to handle future storm flows and analysis of the capacity
of the facility into which the stormwater will flow; an analysis of
the stormwater increase or decrease created by the quarry.
(l) The location
of all existing and proposed sidewalks, driveways, fences, retaining
walls, parking space areas and the layouts thereof and all off-street
loading areas, together with the dimensions of all the foregoing on
the site in question and within 100 feet of said site.
(m) The estimated
average number of automobiles and number and size and type of trucks
that will enter and leave the site each day.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(n) The location,
size and nature of all existing and proposed rights-of-way, easements
and other encumbrances which may affect the lot or lots in question.
(o) The location,
size and nature of the entire lot or lots in question and any contiguous
lots owned by the owner/operator or in which the owner/operator has
a direct or indirect interest, the date of acquisition of each tract
and the deed book and page in which the acquisition is filed.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(p) Plans and
profiles of streets adjoining the property for a distance of 500 feet
in either direction, including the location of driveways and intersecting
streets and an indication of what the maximum available sight distance
shall be if a new driveway is proposed or if deemed necessary by the
Township Committee.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(q) The general
nature and extent of site lighting and intended hours of usage.
(r) The method
of sewage disposal and water supply.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(s) Tax Map
lot and block numbers and the names of owners of all properties within
200 feet of the site.
(t) A landscape
and planting plan which, as a minimum, shall spot the location of
all existing plantings to be retained and all plantings to be established
and shall contain a schedule, keyed to the plantings shown, calling
out the type (common name and botanical name), size (height, spread
and trunk diameter) at the time of planting and at maturity and quantity
of all plantings shown on the plant.
(u) The location
of any other feature directly on the property and beyond the property,
if such feature has an effect on the use of said property.
(v) Such information
or data as may be required by the governing body in order to determine
that the details of the site plan are in accord with the standards
of the ordinances of the Township.
(w) Copies
of all applicable local, state and federal permits that may be required.
(4) The plans
shall be prepared and signed by a professional engineer licensed in
New Jersey except for certification by other licensed professionals
as required by this chapter or New Jersey law.
E. Reclamation information.
In addition to the foregoing basic data, the following restoration
and operational data shall be included:
(1) Contours at
two-foot intervals depicting the following.
(a) The final
grading of the quarry.
(b) The grading
of any interim stages which are anticipated prior to final site grading.
(c) Operations
anticipated to be completed within the period of the permit.
(d) The extent
of operations in previous permit periods which shall be determined
by field measurements.
(2) The location
and water surface elevation of any groundwater encountered in operations.
(3) The location
of topsoil stockpiles.
(4) Soil erosion
measures to be installed.
(5) Restoration
details as to soil stabilization and buffering, including specifications
as to reestablishing ground cover in both final and interim stages.
(6) An analysis
of the natural angle of repose as determined by a qualified soils
engineer.
(7) A report as
to anticipated noise levels and dust conditions and an analysis as
to compliance with standards hereinafter described.
(8) An estimate
of the cost required to restore the site to its final condition.
The following construction standards shall be
adhered to in quarrying operations:
A. Slopes.
(1) Final slopes
shall be determined by the natural angle of repose of the material
but in no case shall be greater than three horizontal and one vertical.
(2) Interim slopes
may be as recommended by a soils engineering analysis of the material
to be quarried; slopes steeper than three to one shall be protected
by a substantial fence.
(3) Tops of slopes
shall not be less than 100 feet to any property line or 100 feet to
any roadway. Interim slopes shall not after sloughing result in a
top of slope closer than that described above.
[Amended 5-3-1983 by Ord. No. 0:83-2; 6-11-1996 by Ord. No. 0:96-6]
(4) Slopes below the water level in any pit containing water shall not be steeper than the angle of repose of the fill material. Soil testing and slope stability analysis shall be provided to determine the finished slope utilizing a factor of safety of 1.5 (minimum). Finished slopes above the water surface shall be sloped in accordance with §
351-6A(1). If any data relative to historical documentation of water surface elevations within the pit are available, the average recorded water surface elevation shall be utilized to establish the base elevation between the underwater and above-water slopes.
[Added 11-3-2020 by Ord.
No. 20-7]
B. Restoration staging.
(1) Sites with
a disturbed area in excess of 15 acres shall provide for a staged
restoration plan. Such plan shall provide for placement of topsoil
and grassed covering and slopes in compliance with the requirements
for final slopes for all areas in excess of 15 acres.
[Amended 5-3-1983 by Ord. No. 0:83-2]
(2) Restoration
staging may provide for temporary and permanent restoration; however,
in either case, final grading and vegetative cover requirements shall
be adhered to.
C. Vegetative requirements:
(1) No topsoil
shall be removed from the site until final restoration is accomplished
or until it is demonstrated by an engineering analysis that adequate
topsoil exists to meet the requirements herein.
(2) Topsoil shall
be replaced on the site to a depth of not less than six inches.
(3) All areas
not disturbed shall be maintained either with grass cover or as an
active agricultural operation.
(4) All area which
has been restored either on an interim or final basis shall be reseeded
in accordance with Soil Conservation Service standards or shall be
in an active agricultural usage.
(5) Buffers shall
be established and planted as follows:
(a) Along roadways:
Width shall be a minimum of 50 feet with evergreen screening spaced
at 10 feet center to center with plants a minimum of six feet high
at the time of planting.
(b) Along other
property lines:
[1] With dwellings within 300 feet: screening as provided in Subsection
C(5)(a) above.
[Amended 5-3-1983 by Ord. No. 0:83-2]
[2] All
other areas: Existing vegetation within buffers shall be maintained.
D. After completion
of operations, the area shall be made usable for a use permitted by
the Harmony Township Zoning Ordinance.
E. Adequate drainage
provision shall be made for both during and subsequent to completion
of operation. Provision for drainage design as provided in the Harmony
Township Subdivision Ordinance shall control.
F. All reclamation
operations shall be completed within 12 months after completion of
operations within a given area.
G. No substance shall
be emitted into the atmosphere in quantities which are injurious to
human, plant or animal life or to the property or which will interfere
unreasonably with the comfortable enjoyment of life and property anywhere
in the Township. All provisions of the New Jersey Air Pollution Control
Code, as amended and as augmented by regulations, hereinafter designated
as the "code," shall be complied with.
H. Noise. There shall
be no noise emanating from any operation or use measured at the property
lines which exceeds the values given in Table I in any octave band
of frequency after applying the corrections shown in Table II. The
sound-pressure level shall be measured with sound-level meters and/or
analyzers conforming to United States of America Standard Specification
for General-Purpose Sound Level Meters S1.4-1961, or latest revision,
United States of America Standard Specification for Octave, Half-Octave
and Third-Octave Band Filter Sets, S1.11-1966, or latest revision,
published by United States of America Institute, New York, New York.
Table I
|
---|
Octave Band Center Frequency
(cycles per second)
|
Sound-Pressure Level in Decibels
(re 0.0002 dyne/cm2)
|
---|
31.5
|
59
|
63
|
58
|
125
|
57
|
250
|
50
|
500
|
45
|
1,000
|
40
|
2,000
|
37
|
4,000
|
33
|
8,000
|
29
|
Table II
|
---|
Type or Location of Operation or Character
of Noise
|
Correction*
(decibels)
|
---|
Daytime operation only
|
5
|
Noise source operations less than*
|
|
20% of any 1-hour period
|
5
|
5% of any 1-hour period
|
10
|
Noise of impulsive character (hammering, etc.)
|
-5
|
Noise of periodic character (hum, screech, etc.)
|
-5
|
*NOTE: Apply one of these corrections only.
|
I. Vibration. In
any zone, no vibrations discernible without instruments at the measuring
point shall be permitted.
[Added 6-11-1996 by Ord. No. 0:96-6]
This chapter shall become effective upon final
passage and publication as required by law. All ordinances or parts
thereof in conflict with the provisions of this chapter are hereby
repealed.
[Amended 5-3-1983 by Ord. No. 0:83-2; 8-7-1990 by Ord. No. 0:90-15]
The Township Engineer shall, based upon the
plan of rehabilitation and estimate of rehabilitation quantities submitted
by the applicant, prepare a performance guaranty estimate for submission
to the governing body relative to the costs incident to the proposed
restoration or improvement of the site upon conclusion of the excavation
or stripping operations. No permit shall be issued by the governing
body until such time as a performance guaranty is posted by the applicant
with the Township in an amount equal to the performance guaranty estimate
prepared by the Township Engineer in the manner hereinbefore set forth,
which said performance guaranty shall be approved as to form by the
Township Attorney and be in effect at all times during the period
in which the operation is being conducted pursuant to the permit and
thereafter so as to ensure the rehabilitation of the site in accordance
with the terms and conditions hereof. Notwithstanding anything to
the contrary hereinbefore contained, the term of the performance guaranty
shall be two years, commencing on the date of the issuance of the
permit. The governing body shall, no later than December 31 of the
year following the issuance of a permit, release the previously posted
performance guaranty; provided, however, that a new performance guaranty
has been posted with the Township. If a new permit is not issued,
the governing body shall, before the expiration of the performance
guaranty, require the licensee, obligor or surety to restore the licensed
premises in accordance with the terms of the reclamation plan. If
the governing body fails, upon expiration of the term of the performance
guaranty, to release the performance guaranty or pursue the Township's
remedies under the performance guaranty through the initiation of
proceedings in a court of competent jurisdiction, to require restoration
of the licensed premises, in accordance with the terms of the reclamation
plan, the licensee, obligor or surety may thereafter notify the governing
body, in writing, by certified mail, addressed to the attention of
the Municipal Clerk, with a copy of such notice to the Municipal Attorney
and Engineer, of its intention to exercise its right to terminate
the performance guaranty. In the event that the governing body fails
to notify the licensee, obligor or surety within 65 days following
receipt of the aforesaid notice of the extent of the work to be performed
to effect the restoration of the licensed premises in accordance with
the terms of the reclamation plan, thereafter, upon failure of the
governing body to provide such notice within 65 days, it shall be
deemed to constitute release of the performance guaranty.
[Added 8-7-1990 by Ord.
No. 0:90-15]
The governing body shall, in determining whether
to grant or deny the application for the permit, in addition to the
matters hereinbefore mentioned, consider the suitability of the reclaimed
site for a use permitted in the zone or district pursuant to the terms
and conditions of the Zoning Ordinance. In addition to the matters hereinbefore described, the
governing body shall give consideration to the adverse residual effects
of unregulated businesses of this nature upon the public safety, health
and general welfare, the devaluation of real estate resulting from
ultimate abandonment of excavations, pits and declivities below the
level of surrounding lands causing surface waters to collect in inordinate
quantities, providing breeding places for mosquitoes, problems of
waste due to erosion by wind and water, unusual practical difficulties
created in surface water drainage, soil fertility, the necessity for
slopes and grades and the ultimate detrimental effect that a repetition
of stripping and excavating parcel after parcel of land might have
upon the taxable wealth and normal development of the Township.
A. Application forms
shall be obtained from the Township Clerk in a form prescribed by
the governing body.
B. Applications shall be filed with the Township Engineer, who shall determine whether the application is complete. In making such determination, the Township Engineer shall be guided by and apply the standards embodied under §
351-5 hereof. Upon determining that the application is complete, the Township Engineer shall notify the governing body that a public hearing date can be established. If the application is incomplete, he shall notify the owner of the reasons for the determination. The determination shall, in general, be made within 60 days of the submittal.
C. The application
shall consist of the following:
|
Number Required
|
---|
Document
|
Submittal for Determination
|
Submittal Within 10 days of Determination
|
---|
Application forms
|
3
|
8
|
Plans
|
3
|
8
|
Supporting documents
|
3
|
8
|
Fees
|
Due at this stage
|
--
|
D. After granting
of the license, the owner shall deliver one Mylar reproducible of
all plans.
In no event shall a permit be revoked or rescinded
by the Township Committee, except upon notice to the permittee affording
the permittee an opportunity to be heard, which notice shall be given
to the holder of the permit at least 15 days prior to the date of
the scheduled hearing and shall set forth the time and place thereof,
together with a description of the charges alleged against such permittee.
[Amended 12-27-1990 by Ord. No. 0:90-19; 7-2-2013 by Ord. No. 13-2; 5-2-2023 by Ord. No. 23-05]
A permit fee of $1,500 shall be payable to the Township for
the issuance of a permit, which shall expire on January 31, three
years following the issuance thereof. No permit fee shall be prorated
for a portion of the three years' term during which it might
be issued. A permit, upon its expiration on January 31, shall be renewed
for an additional three years' term, during which the operation
is in effect, for which an additional $1,500 fee shall be due and
owing and payable to the Township. No permit shall be assignable.
[Amended 12-27-1990 by Ord. No. 0:83-2]
Any person, firm, corporation, partnership or
association to whom a permit shall be issued shall obtain and deliver
to the Township a public liability insurance policy with limits of
liability of not less than $1,000,000 covering bodily injury to each
person and of at least $2,000,000 liability for any one accident and
property damage liability with limits of not less than $100,000 for
each accident relative to liability arising from any operations or
activities incidental to and during the period in which the business
is conducted pursuant to the permit.
[Amended 8-7-1990 by Ord. No. 0:90-15; 11-1-2022 by Ord. No. 22-6]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalty provisions in Chapter
1, Article
II, General Penalty, of the Code of the Township of Harmony.
[Added 12-3-1996 by Ord. No. 0:96-15; amended 5-2-2023 by Ord. No. 23-05]
Quarrying for commercial purposes and the aspects of quarrying as defined in this chapter shall be presumed abandoned and the operation shall be presumed as discontinued as to the entire site for which previous quarry permits have been issued whenever the required quarry operating permit for the continued use of the site has not been applied for within two years of the expiration date of the most recently-approved permit. No quarrying operations shall thereafter be resumed on the site except upon an application to the Harmony Township Land Use Board for a determination or decision upon a special question as to whether the quarrying operation has been abandoned and, if said determination or decision results in a conclusion that the operation has been abandoned, the receipt of use variance approval to permit the resumption thereof. The quarry operator shall further be required to obtain the permit as specified in §
351-1 herein as to a precondition to the resumption of any quarrying operations.
[Added 5-2-2023 by Ord. No. 23-05]
The Township Engineer, or his qualified designee, shall, in
the Engineer's or designee's discretion, conduct any and
all inspections deemed necessary to ensure compliance with this chapter.
Such inspection(s) shall be conducted following appropriate, written
notice to the property owner, and/or the quarry operator.