[HISTORY: Adopted by the Township Council
of the Township of Byram 6-1-1998 by Ord. No. 10-1998. Amendments noted
where applicable.]
[Amended 9-18-2000 by Ord. No. 15-2000]
It is the intent of this chapter to license
and regulate the operation of quarries within the Township of Byram
for the protection of persons and property and to preserve the public
health, safety and general welfare of the inhabitants of the Township
and to ensure that quarrying operations are conducted in such a manner
as to create a minimum of annoyance, such as noise, dust, lights,
and disturbance to quiet use and enjoyment to owners and occupants
of nearby properties, and to ensure that the quarried area shall be
suitably and reasonably rehabilitated after quarrying operations have
been completed or otherwise terminated.
As used in this chapter, the following terms
shall have the meanings indicated:
Person, firm, partnership, association, corporation, company,
limited liability entity, or organization of any kind that seeks a
license to quarry within the Township of Byram.
Holder of a license to operate a quarry issued pursuant to
this chapter.
Owner of property upon which the quarry operation is or will
be conducted.
A place where stone, shale or slate is blasted, excavated, transported, sold, recycled, reclaimed, crushed, washed, graded or otherwise processed, and shall further include the mining of sand and soil-type material, except where the removal of such soil is in accordance with a permit issued pursuant to Chapter 208, Soil Removal, of the Byram Township Code, in which event the provisions of that chapter shall take precedence over this chapter.
Any or all of the following:
Excavation of stone, shale, slate, sand and/or soil material;
Primary processing of excavated material through the primary
crusher to the surge pile;
Secondary processing of excavated material on site through secondary
crushing, sorting or other processing from the surge pile to finished
inventory;
Sales and shipping in the loading, unloading, transportation
and sale of materials excavated and processed on site; and
Recycling or reclamation of materials from off-site pursuant
to a special permit issued by the New Jersey Department of Environmental
Protection.
Reconditioning of land affected by quarrying operations to restore it, consistent with Chapter 240, Zoning, of the Byram Township Code, to a productive permitted use after termination of quarrying operations, in whole or in part.
A written plan approved by the Township Council for reclamation
of the land affected by quarrying operations.
It shall be unlawful for any person to operate
a quarry within the Township without first obtaining a license to
do so in accordance with this chapter. The Township shall be notified
within 10 days in advance if the quarry license is to be assigned.
The assignee must satisfy the requirements of this chapter.
[Amended 9-18-2000 by Ord. No. 15-2000]
Application for a license required by this chapter
shall be made upon forms provided by the Township Clerk. The original
and 10 copies of the license application shall be filed annually and
shall be signed and verified by the applicant and shall set forth
or be accompanied by the following information:
A.
Reference to the property by street address, by block
and lot as it appears on the Byram Tax Map, and by acreage.
B.
The zone or zones in which the property is located
per the Township's Official Zoning Map.
C.
The name and address of the applicant, if any individual.
D.
The name, business and residence address of each partner,
if a partnership.
E.
The name, registered agent and business address, if
a New Jersey or foreign corporation, together with the name, residence
and business address of the person(s) making application on the corporation's
behalf.
F.
If a corporation, partnership or limited liability
company, the name and address of persons or entities who own 10% or
greater of the shares of the corporation or interest in the partnership
or limited liability company.
G.
The name and address of the property owner, if different
than the applicant. The signed consent of the owner shall be required
if the applicant is other than the owner.
H.
Any legal interest that the applicant, its partners,
officers, directors or stockholders has in adjoining property.
[Amended 9-18-2000 by Ord. No. 15-2000]
The following must be submitted in support of
the application before it will be reviewed by the Township:
A.
Legal description of the entire premises for which
a quarry license is sought, prepared by a licensed surveyor of the
State of New Jersey, and a copy of all restrictive covenants of any
nature existing by deed or otherwise burdening the property.
B.
Map of the portion of the premises for which the quarry
license is sought, prepared by a licensed surveyor or engineer of
the State of New Jersey. The map shall:
(1)
Show existing topographical contour lines of the land
involved in the five-year quarry plan, together with abutting lands
and roads.
(2)
Show proposed topographical contour grades that will
result from the quarrying operation at five-foot intervals for slopes
of less than or equal to 30% and ten-foot intervals for slopes of
greater than 30% in NGVD Datum. Areas where slopes will be 30% or
greater must also be shaded.
(3)
Be at a scale of one inch equals 100 feet.
(4)
Show all roads, limits of vegetation, wells, structures,
rock outcrops, depth to seasonal high water table (from soil borings)
or groundwater elevations from existing wells, brooks, streams and
bodies of water on the property involved and within 500 feet of the
property.
(5)
Show the area within 500 feet of any external property
line if the quarry plan includes operations within 500 feet thereof.
(6)
Show all entrances and exits to the tract involved,
fences or gates existing or to be erected, buildings and structures
existing or to be erected and their use(s), and the location of all
equipment.
(7)
Show the location of all site lighting.
(8)
All existing easements or rights-of-way on the property
as shown on the Tax Map of the Township, whether public or private,
with the limits and purpose of the easements or right-of-way stated
on the map.
C.
Five-year quarry plan: quarry plan indicating the
contours to be created during the twelve-month license period and
during the next five-year period and the anticipated ultimate limits
of the quarry operation.
D.
Manufacturer's specifications for equipment owned
or to be used by the licensee in the quarry operation.
E.
Site lighting: description of site lighting and intended
hours of usage.
F.
Motor vehicles: description of the type and number
of motor vehicles expected to travel in/out of the quarry each day
of operation.
G.
Transportation plan: a map and/or description of routes
to and from the proposed quarry site to be used in transporting quarried
materials.
H.
Reclamation plan as defined in § 189-6 below, and such maps and other supporting documents as may be required by the Township.
I.
Analysis of cost of completing reclamation.
M.
The provisions of N.J.S.A. 40:52-1.2, as the same
may be amended from time to time, are applicable to the issuance or
renewal of a license under this chapter.
A.
The written plan shall include:
(1)
Wherever practicable, provision shall be made for
grading of all soil slopes not to exceed a slope of 2 to 1. After
the effective date of this chapter, ultimate quarry slopes of competent
rock that are in excess of 2 to 1 shall be benched at heights not
exceeding 50 feet to permit trimming of faces and removal of loose
material. Adequate accessways shall be provided to all working benches.
(2)
Where topsoil has been removed, provision shall be
made for stockpiling and stabilizing the soil on the quarry site to
be distributed in areas where quarrying has ceased or been completed.
There shall be sufficient topsoil distributed over the premises to
a depth (not less than six inches) capable of supporting vegetation
or in accordance with standards promulgated by the United States Department
of Agriculture, Soil Conservation District. While not required, fill
shall be limited to suitable and certified clean material approved
by the Township Engineer.
[Amended 9-18-2000 by Ord. No. 15-2000]
(3)
Where the slope of final contours is such that replacement
of topsoil shall be impracticable, it must be planted with rootable
plant material in sufficient size and/or sufficient number to minimize
erosion. This provision shall not apply to quarry faces in excess
of a slope of 1 to 5.
(4)
Provision shall be made for reasonable portions of
the areas of initial or present quarrying operations to be reclaimed
prior to the opening of new areas. The Township shall reasonably review
and reasonably determine a maximum area that may be disturbed at any
one time during the quarrying operation, exclusive of areas used for
stockpiling or processing of product(s). The area of disturbance shall
be dependent upon the size of the quarrying operation and the size
of the property unless the applicant demonstrates that limiting the
area of disturbance to a specific number of acres is not possible
or that it is not preferable to reclaim acres at that time.
(5)
Once reclaimed, there shall be no processing or stockpiling
in that area. To the extent possible, the reclamation plan shall make
provision for simultaneous quarrying and reclamation.
(6)
Provision shall be made for adequate stormwater management
during and after termination of quarrying operations.
(7)
Provision shall be made for lateral support of slopes
and grades abutting streets and lands during and after termination
of quarrying.
(8)
Provision shall be made for preservation of land values
and uses of the quarry premises and surrounding areas after quarrying
operations have been terminated.
(9)
Particular emphasis shall be placed upon buffering
and screening to protect adjacent properties from the negative effects
of the operation of a quarry (noise, dust, lights, etc.).
(10)
Such other information as may be required to permit
the Township to properly review the application to quarry on a particular
piece of property. The Township may request additional information
when deemed relevant and necessary to make a decision on an application.
B.
The reclamation plan shall remain in effect until
such time as quarrying operations are terminated. It is not required
that there be a new reclamation plan submitted with each application,
but the applicant may revise or amend the plan from time to time as
quarrying operations proceed. To revise the plan, applicant must follow
the same procedure as with the original reclamation plan. Township
land use ordinances[1] shall apply to any reclamation plan that calls for more
than mere stabilization, and an application for the Land Use Board
is required.
C.
Reclamation is to be completed within two years of
termination of quarrying operations.
D.
An original of the reclamation plan together with
any amendments shall be kept on file with the Township Clerk.
[Amended 9-18-2000 by Ord. No. 15-2000]
The applicant shall submit a performance guaranty
with adequate surety to assure reclamation of the site of quarrying
operations pursuant to the reclamation plan, in accordance with the
following standards:
A.
Performance bond.
(1)
The form of the performance bond shall be subject
to the approval of the Township Attorney.
(2)
The amount of the performance bond shall be determined
by the Township Engineer calculated upon the information submitted
by the applicant to be 120% of the cost of reclamation.
(3)
The surety shall be a recognized surety company authorized
to do business in the State of New Jersey and approved by the Township
Council. In lieu of a corporate surety, the applicant may assign to
the Township a savings account in the amount of the bond and in such
form as approved by the Township Attorney.
B.
In lieu of a performance bond, the Township may permit the applicant to deposit cash in an amount to be determined based upon new acreage to be quarried during the twelve-month license period. The funds will be held in escrow subject to an agreement between the Township and the licensee. All accrued interest will remain in the escrow account. Once posted, the funds will only be released in accordance with Subsection C (below) or if replaced by an adequate performance bond per Subsection A (above).
C.
The performance guaranty shall remain in full force
and effect during the entire period that quarrying operations are
conducted and until completion of reclamation after the completion
or termination of those operations. The licensee shall post a maintenance
bond in the amount of 5% of the cost of reclamation to cover the period
of two years after the completion of reclamation.
[Amended 9-18-2000 by Ord. No. 15-2000; 2-4-2008 by Ord. No. 2-2008]
B.
An escrow fee shall be established as set forth in Chapter A287, Fees, to be used by the Township to cover the cost of review of the application and all inspections required by this chapter. The applicant will be responsible for the payment to the Township officials of all inspection and review fees at their posted current rates. The applicant shall replenish the escrow account to the required balance within 30 days of being advised that the balance in the account is $2,500 or less. The applicant will pay all bills for fees and costs within 30 days of receipt of a bill from the Township. Any funds remaining in the escrow after completion of all inspections and review of the application or expiration of a quarry license, whichever is applicable, shall be returned to the applicant without interest.
[Amended 9-18-2000 by Ord. No. 15-2000]
A.
Application review. All license applications shall
be referred by the Township Clerk to the Township Engineer and Township
Planner for review, and both will certify as to whether it complies
with the requirements of this chapter. The Township Engineer and Township
Planner shall each make a report and recommendation on the application
to the Township Council within 30 days.
B.
Inspections. The Township Engineer is hereby designated
as quarry inspector to conduct inspections of the quarry property
in conjunction with an application for a quarry license, as well as
to determine whether operations are being conducted in accordance
with this chapter and the terms of any existing quarry license.
C.
Consultants and experts. With Council approval, the
Township Engineer may retain such additional consultants and experts
as he/she deems appropriate to review the license application and/or
conduct inspections.
A.
After receiving the reports of the Township Engineer
and the Township Planner, the Township Council shall 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.
B.
Each application shall be acted upon by the Township
Council within 60 days from the date of filing. If not acted upon
within that time, any existing license shall continue in full force
and effect until the renewal application is acted upon by the Council.
C.
During review and/or hearing(s) regarding the license
application, if the Council determines that additional information
is needed it shall be submitted by the applicant within 30 days.
[Added 9-18-2000 by Ord. No. 15-2000]
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.
[Amended 9-18-2000 by Ord. No. 15-2000]
Licenses shall expire on December 31 of each
year and may be renewed annually by filing an application therefor
in accordance with the standards set forth herein. Applications to
renew a quarry license shall be filed with the Township by October
1 of each year. A quarry presently in operation may, upon filing an
application for license as provided herein, continue in operation
pending action upon the application by the Township Council.
[Amended 9-18-2000 by Ord. No. 15-2000]
A.
Hours of operation:
(1)
Blasting may be conducted between the hours of 9:00
a.m. and 6:00 p.m., Monday through Friday, in compliance with state
regulations.
(2)
Excavation and primary processing, as defined in § 189-2, Quarrying, may be conducted between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, and between the hours of 6:00 a.m. and 5:00 p.m. on Saturdays.
C.
Drilling must be by the wet drilling method or by
a method equivalently effective for dust control.
D.
Roads and traveled rights-of-way within the licensed
quarry premises must be treated with water or calcium chloride to
reduce the accumulation and dissemination of dust between March 1
and November 15 of each year. Calcium chloride must be applied at
least once every 10 days at the rate of approximately 1.5 pounds per
square yard. If water is used to control dust, it must be placed a
minimum of three times in every 10 days unless the Township Engineer
directs otherwise.
E.
Drainage. Quarrying must be performed in such a manner
that:
(1)
There is a natural gravity runoff of all drainage.
(2)
Permanent impoundment of water or excavation below
grade only occurs subject to requirements for settling basins and/or
stormwater management basins in accordance with an approved plan.
(3)
Provides for lateral support of slopes and grades
of abutting street and lands during and after termination of quarrying.
(4)
There is a minimum of four feet of rock and soil above
the seasonal high water table (there cannot be a hydrologic connection
between the quarrying operation and the seasonal high water table).
F.
Buffers shall be required as follows:
(1)
A buffer of 100 feet between the disturbed area, including
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 Subsection L below with a solid and continuous screen of plants, shrubs and trees or a solid and continuous earthen berm 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 and the boundary shall be required, which buffer shall comply with the requirements of § 189-12F(3) and L; and
(5)
A one-hundred-foot buffer must be established before
subdivision or sale of any contiguous property under common ownership
with the quarried property.
G.
Quarry products, equipment and materials may not be
deposited or stored on any public or private property or road other
than the licensed premises.
H.
Setbacks. Building, structures, equipment, quarry
product or other material must be 200 feet or more from an external
property line where neighboring properties are in a residential zone
and 200 feet when not in a residential zone, except to the extent
already existing prior to enactment of this chapter. This restriction
shall not apply to contiguous land owned by the quarry unless it is
subdivided, at which time the appropriate one-hundred-/two-hundred-foot
buffer must be established.
I.
Fencing and gates. A chain-link fence at least six
feet in height must be erected or maintained along Route 206 and Lackawanna
Road where public access can easily be made. All means of ingress
and egress shall be controlled by substantial gates of similar height,
which shall be closed and securely locked when not 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 OSHA-approved orange or yellow construction
safety fence at least four feet in height and warning signs shall
be installed and periodically relocated above the quarry working face
to deter pedestrians.
J.
Sign. A sign at each entrance/exit shall indicate
the name and address of the licensee, and that the business being
conducted on the premises is a licensed quarry operation.
K.
Dust control.
(1)
Where a conveyor is used for the free and uncontained
discharge of material less than one inch in diameter a distance of
six or more feet onto a stockpile of such material, a high-pressure
water mist must be applied to the stockpile to reduce the accumulation
and dissemination of dust.
(2)
Crushing and processing of materials must be conducted
by use of a wet method of dust control of by local exhaust systems
of equivalent effectiveness.
(3)
Operations shall comply with all federal, state, county
and local, air and water pollution, odor and dust statutes, regulations,
resolutions and ordinances.
L.
Landscape screen. Wherever the licensed premises abuts
a public street or road, a solid and continuous landscape or natural
screen 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 a solid and continuous screen throughout the year. All dead
or dying plants, trees and/or shrubs shall be replaced on a regular
basis with a suitable live plant, tree or shrub.
M.
Stockpiling of material is prohibited in any area
which has been reclaimed.
N.
Production of asphalt, concrete or cement is not permitted.
O.
A copy of the following shall be maintained at the
quarry office and available at all times for review by the quarry
inspector: Sussex County Soil Erosion and Sediment Control Plan, records
of truck trips, blasting records, NJDEP and other permits, notices
of violation and penalty assessments relative to operation of the
quarry.
P.
The Township Engineer shall make periodic inspections,
not less than once per quarter, to evaluate the applicant's performance
with respect to the conditions of the license. The Township Engineer
shall submit a report of his/her findings to the Township Council
within 14 days of each inspection.
Q.
Notice of blasting: Written or verbal notice shall
be given at least 24 hours and one hour prior to the proposed detonation
to the Township Clerk, Township Police Department and the Township
Superintendent of Schools on each occasion when blasting is to be
conducted. In addition, verbal notification shall be given at least
24 hours and one hour prior to detonation to any resident within 500
feet of the quarry property line who has filed a written request to
be notified with the quarry operator. A copy of any written claim
of damages due to blasting shall be filed with the Township Clerk
within 10 days of its receipt by the quarry operator, and the results
of the inspection(s) of the claim shall be filed within 30 days.
R.
Removal of vegetation: No trees or other vegetation
shall be removed from the quarry property unless designated for removal
in the license application.
S.
Strobe lights: Strobe lights shall be used on all
quarry equipment instead of backup alarms to the maximum extent practical
and permitted by law.
T.
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, as well as the handling of any citizen complaints
that may be received, and any agreement to address or abate the conditions
shall be incorporated into a separate written agreement. The Council
may include compliance with such agreement as a condition of approval
of the license.
A.
The Township Engineer or Planner may enforce the provisions
of this chapter, and each may, in his or her discretion, issue a written
order of abatement prior to issuance of a violation, pursuant to which
any alleged violation must be abated within 10 days. The written order
of abatement shall be served by hand delivery to the quarry premises
or by regular and certified mail.
B.
If the enforcement officer issues a violation, the
matter shall be heard in the Municipal Court. A person or entity which
pleads or is found guilty of violation of any provision of this chapter
shall pay a fine not to exceed $1,000 for each violation. Each day
that a violation continues shall be considered a separate and distinct
violation.
C.
The enforcing officer shall make a report to the Township
Council of any violation of the provisions of this chapter.
A.
The Township Council may suspend or revoke any quarry
license if it finds that there has been a repeated or significant
violation of a material term or provision of this chapter or the license
or an applicable statute of the State of New Jersey. Before suspending
or revoking a license, the Township Council shall give the licensee
10 days' written notice specifying the grounds upon which the license
is proposed to be suspended or revoked and an opportunity to be heard;
and
B.
A license may be suspended or revoked when the licensee
who is an owner of the property upon which the quarry operation is
or will be conducted has failed to pay the taxes due on the property
for at least three consecutive quarters. Upon payment of the delinquent
taxes or assessments, the license shall be restored.
