The Township of Franklin has deposits of natural
materials that have the potential for productive economic exploitation.
It is the declared policy of the Township to encourage the proper
utilization of such natural resources through the establishment of
this zone, which limits such activity to ensure that it does not adversely
affect adjoining lands.
[Amended 3-27-2013 by Ord. No. 4007-13]
Prior to the issuance of a building permit or
a certificate of occupancy for any use in the M-3 Mining Zone, a site
plan shall be submitted to the Township Planning Board in accordance
with the governing site development plan procedure and other applicable
requirements of Township ordinances.
Where mining operations and their accessory
uses are involved, the site plan submitted shall include the site
layout, plan of construction, topographic details and such other information
and material as may be required to indicate the full scope of the
operation. The site plan and any supporting plans shall be drawn accurately
and to scale.
The site plan and supporting documentation must
include the following:
A.
The name and address of the applicant, if an individual;
the name, residence and business address of each partner, if a partnership;
or if a corporation, the name, date and state in which it was incorporated,
whether authorized to do business in New Jersey and the names of directors,
principal officers and local representatives, their residence and
business address.
B.
Information showing ownership of the tract involved
and the written consent of the owner thereof, if the applicant is
not the owner.
C.
Topographic detail adequate to show existing and proposed
grading of the land.
D.
Plans showing the places on the tract where quarrying
and accessory uses shall be conducted. All entrances or exits and
fences or gates erected or to be erected must be shown.
E.
Plans for the rehabilitation of the property in question,
showing how it may be restored to a productive use after mining operations
have been completed, in keeping with the Master Plan adopted for the
Township.
F.
The hours during which the various operations of the
quarry will be operated.
Site rehabilitation plans shall indicate measures
to be taken during the course of the operation which will lead to
rehabilitation of the site as well as showing a plan for the ultimate
rehabilitation. These plans shall include the following provisions:
A.
Provision shall be made for the restoring of all slopes
to a grade not to exceed 30°, except however where slopes exist
as of the date of this chapter which are of such degree that it is
impractical to rehabilitate the same to a grade not in excess of 30°.
The rehabilitation plan may provide for such slopes to remain as they
are, provided that adequate safety and erosion controls are incorporated
into said plan.
B.
Where topsoil is removed, provisions shall be made
for the setting aside and retention on the premises of sufficient
arable soil to be redistributed over the premises to a depth capable
of supporting vegetation. Where the final contour is of such slope
to make impractical the replacement of topsoil, such slopes shall
be planted with rootable plant material in sufficient number and of
sufficient size to minimize erosion.
C.
Provisions shall be made for reasonable portions of
initial or existing quarrying operations to be rehabilitated prior
to the opening of new areas. To the extent practicable, the rehabilitation
plan shall make provision for simultaneous quarrying and rehabilitation.
D.
The foregoing provisions shall also apply to the rehabilitation
and restoration of other areas where the quarrying of rock is in process
or has been terminated or where stone or other material is being or
has been removed such as, but not limited to, the case in any road
realignment program.
E.
Provisions shall be made for performance guaranties
by the applicant sufficient to insure the completion of the rehabilitation
plan or parts or stages thereof in such form as may be approved by
the Township Attorney and in such amount as may be approved by the
Township Council.
F.
When approving plans for rehabilitation and reclamation
submitted in accordance herewith, the Planning Board shall specify
a time limit within which such reclamation shall be commenced and
terminated as to the entire rehabilitation/reclamation plan or any
stage or part thereof. Periodic inspections shall be made by representatives
of the Township Engineer and/or Health Office or other proper Township
officials to evaluate the performance of the applicant with respect
to rehabilitation/reclamation procedures.
G.
In order to evaluate the foregoing, the Planning Board
and/or the Township Council may solicit information from the Township
Health Officer, Township Environmental Commission and other relevant
municipal employees and/or consultants.
A.
Mining and related activities are prohibited on Sunday.
B.
Mining operations including but not limited to stripping
and drilling are restricted to the hours of 5:00 a.m. to 8:00 p.m.
C.
Igniting of explosives, commonly known as "blasting,"
is restricted to the hours of 8:00 a.m. to 5:00 p.m.
D.
Primary crushing operations, including in-plant hauling
and loading, are restricted to the hours of 5:30 a.m. to 10:30 p.m.
Secondary crushing operations, including in-plant hauling and loading,
are restricted to the hours of 5:00 a.m. to 11:00 p.m.
E.
Operations of accessory uses, including but not limited
to bituminous concrete and portland cement concrete production, are
restricted to the hours of 5:00 a.m. to 8:00 p.m. except when a written
contract or subcontract with federal, state, county or municipal government
or public authority specifically requires delivery at other times.
F.
The transporting of materials produced or processed
on premises in the M-3 Zone by vehicles entering and leaving said
premises is restricted to the hours of 5:00 a.m. to 8:00 p.m., except
when a written contract of subcontract with federal, state, county
or municipal government or public authority specifically requires
delivery at other times.
The roads or rights-of-way within the quarry
premises which do not have permanent pavement shall be treated as
is determined to be necessary by the Township Engineer. Those roads
or rights-of-way which are permanently paved shall be wetted down
periodically to sufficiently control dust or spillage.
A.
Stone or other products of quarrying shall not be deposited as waste, spillage or storage in any manner on adjacent properties or on roads of the Township, except that the deposition of excavated mining materials shall be permitted within the RR5 Zoning District only on lands that are contiguous to lands within the M-3 Zoning District and shall only be permitted within 300 feet of the M-3 Zoning District boundary and within 300 feet from the edge of quarrying activity as approved as part of a quarry reclamation and rehabilitation plan approved by the Township, provided that such deposition shall only be permitted for the purpose of building an earthen berm for screening purposes, and provided that such deposition is approved as part of a quarry reclamation and rehabilitation plan approved by the Township. Fencing required by § 112-137 shall be erected around the perimeter of such deposited materials.
[Amended 3-27-2013 by Ord. No. 4007-13]
B.
Provisions shall be made for the disposal of any waste
products resulting from any of the mining operations on the premises
thereof, and a landfill cover method shall be employed periodically
to accomplish that objective.
A fence shall be erected around the quarrying
area to assure nonaccess thereto by unauthorized persons, whether
such area is being used presently or whether it has been used for
such purposes in the past. Said fence shall be woven wire of chain
link type at least six feet high, or such other fence of a type to
afford adequate protection against intruders. Any entrance or exit
through said fence shall be by means of gates of equal height. Such
gates shall be locked shut when not in actual use. Said fence shall
have three strands of barbed wire placed on top of same.
All explosives must be handled strictly in accordance
with state regulations.
Where conveyors discharge material, the average
size which is less than 3/8 of an inch in diameter, onto stockpiles
of such materials, the following shall be adhered to:
A.
The free fall of the material being stockpiled from
the conveyor to the highest point of the stockpile shall not exceed
a distance of six feet.
B.
A high-pressure mist water spray shall be directed
on said material as it falls from the conveyor to the stockpile so
as to reduce the possibility of dust.
C.
Where screenings are stockpiled, same shall be enclosed
within a building or structure.
Processing areas shall be maintained in the
safest practicable conditions at all times. In no case shall permitted
processing menace the physical safety of persons or property on public
streets or adjoining property.
A.
Dust and smoke from processing operations shall be
minimized by the installation and use of appropriate mechanical and
electrical devices.
B.
Anything to the contrary not withstanding, all mining
operations, principal and accessory, shall comply with the requirements
of the New Jersey State Department of Health.
[Added 3-27-2013 by Ord. No. 4007-13]
The following quarry-related accessory uses shall be permitted on Block 5.02, Lot 172.04, within the RR5 Zoning District: administrative and sales offices related to permitted quarry operations; buildings and facilities for the repair and storage of motor vehicles and equipment used in permitted quarry operations; indoor and outdoor storage of raw materials and machinery related to permitted uses and on-site fuel storage related to permitted quarry uses; transportation of stone and gravel extracted from the quarry; parking of trucks and vehicles and indoor and outdoor storage of such vehicles related to permitted quarry operations; signs pursuant to Article XII; renewable energy facilities pursuant to § 112-33.3; and site restoration and stabilization, including installation of landscaping and berms associated with restoration and stabilization associated with quarrying operations before, during and after such operations. All other quarry-related activities shall be limited to the M-3 Zone, including: the excavation of stone and gravel; the handling and processing of stone and gravel extracted from the quarry; storage, crushing, grinding, pulverizing and mixing of the extracted raw materials; mixing or batching plant for concrete; and manufacture of prestressed concrete, bituminous concrete, concrete mixes and other products.
