[HISTORY: Adopted by the Township Committee of the Township
of Bethlehem 5-19-1988 by Ord. No. 239-88; amended in its entirety 12-20-2012 by Ord. No.
412.2012. Subsequent amendments noted where applicable.]
It is the intent of this chapter to license quarries for the
protection of persons and property and for the preservation of the
public health, safety and welfare of the Township of Bethlehem and
its inhabitants.
As used in this chapter, the following terms shall have the meanings indicated; see also § 102-37.4, Resource extraction, for further definitions:
Individual, partnership, firm, association, trust or corporation responsible for the general operation, management and condition of the facility located at the quarrying/mining site in question, for which a permit is applied for or granted for any activity covered by this chapter and § 102-37.4.
A place where stone, shale, slate, bank-run material, sand, gravel, soil or earth is commercially excavated, removed, crushed, washed, graded or otherwise processed. This definition shall also include the definition of a mine and mining operations found in § 102-37.4.
The boundary lines of the premises licensed under this chapter.
Those aspects of the business of conducting a quarry as related
directly to the excavation and processing of stone, shale, slate,
bank-run material, sand, gravel, soil or earth and the removal thereof
from quarry premises and other related activities, including reclamation.
The reconditioning of the area of land affected by quarrying
operations to restore the same to a productive, attractive and environmentally
safe use after the termination of quarrying operations.
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,
manner and type of vegetation, such safety devices as shall be used
at the site and such maps and other supporting documents as may be
required by the Planning Board; said plan shall be prepared by a licensed
professional engineer and land surveyor licensed in the State of New
Jersey unless otherwise provided by statute.
It shall be unlawful for any person to conduct the business
of quarrying within the Township without first obtaining conditional
use and site plan approval from the Township Planning Board and having
obtained a license 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:
A.
The name and address of the applicant, if an individual; the name,
residence and business 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 the directors, principal officers and local representatives,
their residences and business addresses and the designation of a person
upon whom service of process can be made. All applicants shall consent
to entry upon the premises by the Quarry Inspector for the purpose
of inspection.
B.
A current legal description of the premises where the business is
to be conducted and a map of the premises indicating the area to be
quarried and/or reclaimed prepared by a licensed professional engineer
and land surveyor licensed in the State of New Jersey showing the
entire tract involved; all roads or buildings on the tract or within
500 feet thereof.
C.
A statement as to the ownership of the tract involved and when such
ownership was acquired, the interest of the applicant, its officers,
directors or stockholders in the quarry property, and of any interest
of said persons in adjoining property. In the event that the applicant
is not the owner, a written consent of the owner must be furnished,
together with a copy of the quarry lease, agreement or permit from
the owner to the applicant. The map submitted in such case shall show
the boundary lines of the leased premises if such premises are only
a portion of the entire tract of the owner, and these shall be the
quarry boundaries.
D.
Plans and specifications indicating places where quarrying is to
be conducted, all entrances or exits to the tract involved, fences
(including the location, height and type), gates or buildings erected
or to be erected (including outside dimensions and precise locations),
equipment used or to be used in the operation and the location of
such equipment, and a narrative describing the method of operation.
E.
Information describing roads and bridges to be used for access to
the site, including a description of the adequacy of those roads for
heavy truck traffic and any limitations that there might be with respect
to the adequacy of pavement, road shoulders, bridges and culverts.
F.
A performance bond corresponding to the active phase of the operation
which is approved by the Township Engineer.
A.
Action by the Planning Board and Township Committee.
(1)
Before the Township Committee may approve a quarrying license, the
Planning Board shall first have approved an application for conditional
use and site plan for the quarrying operation, including an approved
reclamation plan and future land use plan. The Planning Board, upon
completion of an application by memorialization of its resolution
stating its factual findings and approval or denial of conditional
use for resource extraction and site plan shall forward a copy of
said resolution without delay to the Township Clerk of the Township
of Bethlehem.
(2)
Within 30 days after the application has been approved by the Planning
Board, the Township Committee shall conduct a hearing to grant the
license with or without conditions and/or the waiver of any of the
requirements of this chapter which are deemed appropriate by the Township
Committee, but in no case shall be in conflict with the conditional
use and site plan approvals or conditions thereof. The conditions
imposed by the Township Committee may include a time period within
which the quarry owner will reclaim the site, and the requirement
of a performance bond with sureties to guarantee the completion of
those conditions. It may recommend a waiver to the applicant from
any requirement of this chapter. A waiver may be recommended or granted
if the health, safety and welfare of the citizens of Bethlehem Township
and residents in the area surrounding the quarry are not substantially
impaired.
(3)
In reviewing the application for a license, the Township Committee
shall consider the effect of the proposed or continuing operation
of the quarry upon the health, safety and welfare of, and environmental
impact on, the Township of Bethlehem, its residents and persons and
properties nearby or affected by the quarry operation.
(4)
Upon the approval of a license from the Township Committee, a license
shall be issued by said Township Clerk to permit the resource extraction.
The fee shall be $2,500 per annum plus $800 per acre per annum for
each acre in the approved quarry site.
B.
Duration of license. The license shall be issued for not more than
three years from the date of the Planning Board resolution of granting
site plan and conditional use approval and shall lapse unless application
for renewal is made six months prior to date of expiration of the
license. An affidavit stating no changes are proposed to the approved
site plan and reclamation plan shall accompany the application for
renewal. If changes are proposed in any phase of the quarrying operation
or the reclamation plan, the owner/operator must apply to the Planning
Board for review and approval of an amended site plan; and upon approval,
the Planning Board will forward its memorialized resolution to the
Township Committee along with a recommendation for renewal of the
quarry license.
C.
Insurance. No license shall be issued until a certificate of public
liability insurance reflecting the issuance to the licensee of a policy
of public liability insurance wherein the Township is named as co-insured
for damages arising out of any activity of the applicant, under a
license issued under this chapter, in an amount not less than $1,000,000/$3,000,000
for death or bodily injury and $500,000 for property damage.
Prior to approval of any application for a license, the applicant
shall submit a performance bond with adequate surety or other performance
guaranty in a form acceptable to the Municipal Attorney and Engineer
to assure screening and reclamation of the site of operations pursuant
to the provisions of the site plan approval.
A.
The form of the performance bond shall be subject to approval by
the Township Committee and shall be in such amount as may be approved
by the Township Committee and subject to the recommendation of the
Township Engineer as to the amount sufficient to guarantee the completion
of fencing, screening and such portion of the reclamation plan intended
to be completed during the license interval. A bond estimate shall
be submitted with the corresponding approved phase plan which shall
be acceptable to both the Township Engineer and Township Attorney.
The license will not be completed until the Township Attorney and
Engineer approve the bond estimate.
B.
The surety thereon shall be a recognized surety company authorized
to do business in the State of New Jersey and approved by the Township
Committee.
C.
Such bond or surety or certified check shall be accompanied by an
agreement signed by the applicant and land owner, if a different person,
granting the municipality the right of access to make inspection to
ensure compliance during the period of operation and to perform all
necessary reclamation of bonded property in the event of forfeiture
of the bond or surety.
D.
In the event of default, forfeiture shall be determined by the Township
Committee after a public hearing on not less than 15 days' written
notice to the principal and surety at their last known post office
address which notice shall be complete upon mailing. The bond or other
security may be released upon satisfactory reclamation of the complete
project area, or portions of the security may be released as proportional
states of reclamation are accomplished as determined by the Township
Committee in compliance with the conditional use permit and the mining
license which includes the approved reclamation plan.
E.
The performance bond requirements shall not be waived.
F.
The Township Committee and Township Engineer and Township Attorney
shall review the bond and corresponding phase plan at each renewal
of the license. The performance bond shall remain in full force and
effect until the reclamation plan has been completed.
A.
Each application shall be accompanied by a deposit of $3,500 payable
to the Township, to establish an escrow deposit account in favor of
the quarry applicant, to be administered in the manner prescribed
by the current Land Use Code[1] of the Township of Bethlehem. It is intended that each
applicant or licensee shall bear the reasonable costs of the engineering
and other professional examination of the initial application and
of all renewal applications; all inspections of the quarry premises
as provided in this chapter; and an overhead factor of 10% of such
direct costs. The Township Engineer and other professionals shall
submit periodic bills to the Township for services rendered respecting
each quarry. Thereupon, the Township administrative officer shall
debit the respective quarry deposit account for an amount equal to
the engineer's/professional's bills, plus 10% thereof, and
send a debit memo and copy of the engineer's/professional's
bills to the applicant or licensee. When a debit exhausts the deposit
account held in favor of an applicant or licensee, the Township administrative
officer shall request the applicant or licensee to make an additional
deposit sufficient to create a credit balance. Failure to make such
deposit after demand therefor shall constitute grounds for the Planning
Board to refuse to recommend the initial license or a renewal thereof
or for the Township Committee to revoke or suspend a license issued
under this chapter.
B.
In addition to the foregoing, the applicant shall pay an annual quarry
license fee of $2,500 plus $800 per acre per annum for each acre in
the approved phase of the quarry site payable prior to the issuance
of the quarry license and of each renewal thereof.
The office of Quarry Inspector is hereby created and established.
The Quarry Inspector shall be the Township Engineer, and he shall
receive such compensation for the time he reasonably devotes to the
work involved therein as he receives for comparable engineering or
inspection work for the Township. The duties 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. Such inspections shall be no less than annual and more frequent
if, in the opinion of the Township Committee, the size and nature
of the quarry operation justifies it. The Quarry Inspector shall also
submit written reports of such inspections as may be required by the
Township Committee and placed on file.
After 10 days' notice and an opportunity to be heard, the
Quarry Inspector may revoke or suspend any license issued under this
section if he finds that the licensee is violating the terms or provisions
of this chapter.
A.
Conditions permitting suspension or revocation of license by the
Quarry Inspector.
(1)
Failure by the licensee to the Township any sum due to the Township
under this chapter.
(2)
Failure to pay or refusal by a licensee to correct a condition that
would constitute a violation of this chapter.
(3)
Mining, excavation, extraction, removal or relocation of any soil,
sand, gravel or stone by a licensee without having conditional use
and site plan approval covering the land upon which such operation
is or has been conducted.
(4)
Failure by a licensee to submit any map or document required under
this chapter.
(5)
Failure or refusal by a licensee to comply with the provisions of
this chapter relating to grading, seeding or reforestation.
(6)
Failure by a licensee to pay or cause to be paid any taxes upon the
lands covered by the license.
(7)
Violation by the licensee of any federal, state, county or municipal
law or ordinance or health regulations as a result of any activity
or operation under this chapter.
(8)
Failure or refusal by the licensee to comply with the requirements
of this chapter relating to insurance.
(9)
Failure or refusal by the licensee to comply with the requirements
of this chapter relating to bonding and escrow fees.
(10)
Failure or refusal by the licensee to keep and maintain true
and accurate records.
(11)
Operation of the licensee that endangers the person or property
of adjoining landowners or other persons in the Township.
B.
Procedures for suspension or revocation of license.
(1)
Notice of violation.
(a)
Whenever any of the compliance or other enforcement officers
of the Township of Bethlehem determine that there are reasonable grounds
to believe that there has been a violation of any provision of this
chapter or of a rule or regulation, if any, adopted pursuant thereto,
notice of such alleged violation(s) shall be given to the person or
persons responsible therefor as hereinafter provided.
(b)
Such notice shall be put in writing; include a statement of
the reasons why it is being issued; outline a reasonable time for
the performance of any act it requires; be served upon the owner or
agent, provided that such notice shall be deemed to be properly served
upon such owner or agent if a copy thereof is served personally, or
if a copy thereof is sent by certified mail, return receipt requested,
to the licensee or agent at the address set forth in the license application,
or if a copy thereof is posted in a conspicuous place in or about
the licensed premises affected by the notice or if he is served with
such notice by any other method authorized or required under the laws
of this state.
(c)
Such notice may contain an outline of remedial action which,
if taken, will effect compliance with the provisions of these subsections
and with rules and regulations adopted pursuant thereto.
C.
Hearing.
(1)
Any person or entity affected by any notice which has been issued
in connection with the enforcement of this chapter may request and
shall be granted a hearing before the Township Committee, provided
that such person shall file in the office of the Township Clerk a
written petition requesting a hearing and setting forth a statement
of the grounds for the request within 10 days after the date that
notice was served. Upon receipt of such petition, the Township Clerk
shall set a date, time and place for the location of the hearing and
shall give the petitioner written notice thereof.
(2)
At such hearing, the petitioner shall be given an opportunity to
be heard and to show cause why the notice should be modified or withdrawn.
The hearing shall be commenced not later than 30 days after the date
which the petition was filed; provided, however, that the petitioner
and the Township Committee may, by mutual consent, postpone the date
of the hearing for a reasonable time beyond the thirty-day period.
(3)
After such hearing, the Township Committee shall make specific findings
and shall either sustain, modify or withdraw the notice. If the Township
Committee sustains or modifies the notice, it shall be deemed an order
which, at the discretion of the Township Committee, may operate as
a revocation of the license. Any notice served pursuant to this subsection
shall automatically be an order if a written petition for a hearing
is not filed with the Township Clerk within 10 days after the date
the notice was served.
(4)
The proceedings at such hearing, including the findings of fact,
shall be summarized, reduced to writing and filed as a matter of public
record in the office of the Township Clerk.
D.
Procedure for suspension in emergency.
(1)
Whenever the compliance or enforcement officers of the Township of
Bethlehem find that an emergency exists which requires immediate action
to protect the public health or safety, they may, without notice or
hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as they deem necessary to
meet the emergency. Notwithstanding the other be afforded a hearing
as soon as possible. After such hearing, depending upon its findings
as to whether the provisions of this chapter and the rules and regulations,
if any, adopted pursuant thereto have been complied with, the Township
Committee shall continue such order in effect, modify it or revoke
it.
(2)
Where a licensee requests in writing a hearing on an emergency suspension,
such hearing shall be held within 72 hours of the receipt by the Clerk
of a written request for such hearing.
This chapter shall be enforced by the Zoning Officer of the
Township of Bethlehem, who shall investigate any violation thereof
coming to his attention, whether by complaint or arising from his
own personal knowledge. If a violation is found to exist, he shall
serve a written notice by certified mail or personal service upon
the owner or person designated to accept service of process, but if
the owner or person so designated cannot be served, then upon the
party in charge of the licensed premises. If an owner or person so
designated or person in charge cannot be served, then posting a notice
of the violation in a prominent place upon the premises shall be adequate
notice of the violation. The 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 Zoning Officer 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 the violation is not abated within the time specified, the Zoning
Officer shall notify the Township Committee and prosecute a complaint
to terminate the violation in Municipal Court.
A.
Any operator of a quarry or any agent, servant or employee of such operator or any person directly or indirectly connected with a quarrying operation who shall violate any provisions of this chapter shall, upon conviction, be subject to the penalties provided by § 1-15 of Chapter 1, General Provisions. Each day that such violation continues shall be determined a separate offense. Further, the Zoning Officer of the Township of Bethlehem or any other interested party, as defined in N.J.S.A. 40:55D-4, may, in addition to the other remedies provided in this chapter, institute appropriate actions or proceedings to restrain, correct or abate violations of this chapter.
