Township of Wayne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: 1988 Code §§ 56-1 — 56-12 adopted as amended through December 31, 2013. Amendments noted where applicable.]
It is the intent of this chapter to license and regulate quarries for the protection of persons and property and for the preservation of the public health, safety and welfare of the Township and its inhabitants and to ensure that quarrying operations shall be conducted in such a manner as to create a minimum of annoyance from noise and dust to nearby owners or occupants of property, to provide for the safety of persons, particularly children, and further 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:
Any person engaged in and controlling the business of conducting a quarry.
A place where stone, shale or slate is excavated and crushed, washed, graded or otherwise processed.
Those aspects of the business of conducting a quarry as relate directly to the excavation and processing of stone, shale and slate and the removal thereof from quarry premises.
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 Planning Board of the Township.
A written proposal approved by the Planning Board of the Township for reclamation of the area of land affected by quarrying operations, including land use objectives, specifications for grading and manner and type of vegetation, and such maps and other supporting documents as may be required by the Planning Board.
It shall be unlawful for any person to conduct the business of quarrying within the Township without first having obtained a license therefor in accordance with this chapter.
Applications for licenses required by this chapter shall be made upon forms provided by the Township Clerk and shall be signed and verified by the applicant, setting forth or accompanied by the following information:
The name and address of the applicant, if an individual; the name, residence and business address of each partner, if a partnership; and the name, date and state under which organized, if a corporation, and if a foreign corporation, whether the same is authorized to do business in the State of New Jersey. (A corporate applicant shall indicate the names of directors, principal officers and local representatives, their residences and business addresses.)
A legal description of the premises where the business is to be conducted and a map of the premises prepared by an engineer or land surveyor licensed in the State of New Jersey showing the entire tract involved, all roads or buildings within 500 feet thereof, existing and proposed final contours of the land involved and adjoining lands, contours to be created by the quarrying operation at twenty-foot intervals and all brooks, streams or bodies of water on the tract involved and within 500 feet therefrom.
Date relative to the ownership of the tract involved or any interest of the applicant, its officers, directors or stockholders in adjoining property. In the event that the applicant is not the owner, written consent of the owner must be furnished.
Plans and specifications indicating places where quarrying is to be conducted; all entrances or exits to the tract involved; fences, gates or buildings erected or to be erected; equipment used or to be used in the operation; and a narrative describing the method of operation.
The hours during which the quarry will be operated.
Certificates of insurance attached to the application evidencing liability insurance coverage in amounts of not less than $1,000,000 for personal injury, including death (for each person or each occurrence), and $300,000 for property damage.
Prior to approval of any application, a plan for reclamation of the site shall be submitted to the Township Clerk and referred to the Planning Board for report in accordance with the provisions of N.J.S.A. 40:55D-26. The Planning Board shall make its report within a period of 35 days after the referral. The reclamation plan shall, in addition to showing the ultimate plans therefor, indicate measures to be taken during the course of quarrying operations which will lead to reclamation of the site and shall include the following:
The data required under § 56-4B above.
Wherever practicable, provisions shall be made for grading of all slopes to a rolling topography not to exceed 45 degrees. After the effective date of this chapter, ultimate quarry faces sloped in excess of 45 degrees 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 benches.
Where topsoil has been removed, provisions shall be made for setting aside and retention on the premises of sufficient arable soil to be distributed over the premises to a depth capable of supporting vegetation. Where final contours are of such slope as to make the replacement of topsoil impractical, such slopes (except quarry faces in excess of 45 degrees) shall be planted with rootable plant material in sufficient number and of sufficient size to minimize erosion.
Provisions shall be made for reasonable portions of initial or existing quarrying operations to be reclaimed prior to the opening of new areas. To the extent practicable, the reclamation plan shall make provisions for simultaneous quarrying and reclamation.
Provisions shall be made for adequate drainage during quarrying operations and after termination of the same.
Provisions shall be made for lateral support of slopes and grades abutting streets and lands during quarrying operations and after termination of the same.
Provisions shall be made for the preservation of land values and uses of the quarry premises and surrounding areas after quarrying operations have been terminated.
Such other factors that may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
The reclamation plan shall remain in effect until such time as quarrying operations are terminated. Nothing herein shall require that a reclamation plan be resubmitted annually; however, reclamation plans may be amended or revised from time to time as quarrying operations proceed.
Provisions shall be made for the completion of all reclamation within a period of one year after termination of quarrying operations.
An original reproducible copy of the reclamation plan and any amendments or revisions thereof shall be filed with the Township Clerk.
Prior to approval of any application for a license, the applicant shall submit a performance bond with adequate surety to assure reclamation of the site of operations pursuant to the provisions of § 56-5 above in accordance with the following standards:
The form of the performance bond shall be subject to approval by the Township Attorney and shall be in such amount as may be approved by the Township Council, but in no event to exceed one percent of the highest annual gross sales of quarry material over the preceding six-year period.
The surety thereon 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 as aforesaid and in such form as approved by the Township Attorney.
Periodic inspections shall be made by the Quarry Inspector to evaluate performance of the applicant with respect to reclamation procedures. A report of his/her findings shall be submitted from time to time to the Township Council.
At the request of the applicant, the amount of the performance guaranty shall be adjusted annually, provided that the basis therefor is substantiated by said applicant.
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 termination of the same.
Each application shall be accompanied by a fee as provided in Chapter 75, Fees, to be applied toward the cost of engineering examination of the application, and the applicant shall further deposit a sum as provided in Chapter 75, Fees, to be applied toward the cost of inspection as provided herein.
The Zoning Officer or the Township Engineer shall serve as the Quarry Inspector. The duty of the Quarry Inspector shall be to conduct a periodic inspection of the licensed premises in order to determine whether operations are being conducted in accordance with the application therefor and the terms and provisions of this chapter. The Quarry Inspector shall also submit written reports of such inspections from time to time and as may be required by the Township Council. The Quarry Inspector is further designated as the enforcing officer of this chapter and shall investigate any and all alleged violations thereof.
Quarrying may be conducted only from Monday through Saturday between the hours of 6:00 a.m. and 6:30 p.m., prevailing time, except that:
Quarrying shall not be conducted for a period in excess of 9 gross hours per day.
No quarrying shall be conducted on Sundays.
All drilling must be done by the wet drilling method or by any other method of equivalent effectiveness for dust control.
All roads or traveled rights-of-way within the licensed premises must be treated with State-approved agents in order to reduce the accumulation and dissemination of dust. State-approved agents must be applied at least once every 10 days during the period of May 1 to November 15 of each year.
No quarrying shall be permitted which will reduce the quarried area below the lowest grade of adjoining properties or roads, nor shall any quarrying be permitted which will endanger the lateral support of abutting properties. In the event that quarrying or excavation should result in face slopes in excess of 45 degrees, a minimum leveled (or natural) buffer area of 50 feet shall be provided between any quarry boundary line and the commencement of the slope.
In no case shall any quarry products, equipment or other materials be deposited or stored on any property, public or private, other than the licensed premises. No buildings, equipment, quarry products or other materials shall be erected or stored within a distance of 50 feet of any quarry boundary line.
A chain link fence of a minimum height of 6 feet shall be erected around the perimeter of the licensed premises, and all means of ingress and egress shall be controlled by substantial gates of similar height, which gates shall be closed and securely locked when not in actual use. Reasonable variations of 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 boundary lines of the quarry premises.
Signs shall be maintained at all entrances or exits of the quarried premises indicating the name and address of the licensee and that the business being conducted is a licensed quarry operation.
Where conveyors discharge material of less than one inch in diameter onto stockpiles of such material, either of the following requirements shall be observed:
The free and uncontained fall of the material being stockpiled from the conveyor to the highest point of the stockpile shall not exceed a distance of 6 feet; or
Where the free and uncontained fall of the material being stockpiled from the conveyor to the highest point of the stockpile shall exceed a distance of 6 feet, a high-pressure water mist spray shall be directed onto the material as it falls from the conveyor to the stockpile in such a manner as to reduce the accumulation and dissemination of dust.
Wherever the licensed premises abuts a public street or road, a solid and continuous landscape screen shall be planted and maintained. The landscaping shall consist of massed evergreen and deciduous trees and shrubs of such species and density as will provide a solid and continuous screen throughout the full course of the year.
All crushing and processing of quarry materials must be conducted by use of a wet method of dust control or by local exhaust systems of equivalent effectiveness.
All license applications shall be reviewed by the Quarry Inspector and certified as to whether or not they comply with the requirements of this chapter and, if so certified, the Township Council shall approve the issuance of a license to operate the quarry described therein. Licenses shall expire on December 31 of each year and shall be renewed annually upon filing an application therefor in accordance with the standards outlined above. Initial licenses issued during a calendar year shall expire on December 31 of the same year. A quarry presently in operation may, upon filing an application for a license as provided above, continue operation pending action upon said application by the Township Council.
After 10 days' notice and an opportunity to be heard, the Township Council may revoke or suspend any license issued under this chapter if it finds that the licensee is violating the terms or provisions hereof or of any applicable statute or regulation of the State of New Jersey.
This chapter shall be enforced by the Quarry Inspector, who shall investigate any violation of this chapter coming to his/her attention, whether by complaint or arising from his/her own personal knowledge. If a violation is found to exist, he/she shall serve a written notice by certified mail or personal service upon the owner or other party in charge of the licensed premises, which notice shall require the violation to be abated within a period of 10 days from the date of service thereof or within such lesser period of time as the Quarry Inspector shall deem reasonable in cases where the danger to public health, safety and general welfare is so imminent as to require more immediate abatement. If such person fails to abate the violation within the time specified, the Quarry Inspector shall notify the Township Council and prosecute a complaint to terminate the violation in Municipal Court.