Township of Bridgewater, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Bridgewater 12-19-1977 by Ord. No. 77-47. 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 of Bridgewater and its inhabitants and to ensure that quarrying operations shall be conducted in such manner as to create a minimum of annoyance from noise and dust to nearby owners or occupants of property and 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.
For purposes of this chapter, certain words as used herein shall be defined as follows:
PERSON
Includes any person, firm, partnership, association, corporation, company or organization of any kind.
PROCESSING
Crushing, grinding, mixing, screening, stockpiling, loading and all other procedures necessary to prepare the stone, shale, slate or other natural mineral resources of the quarry for removal from the quarry premises.
QUARRY
A place where stone, shale, slate or other natural mineral resources are excavated, crushed, washed, graded, blasted or otherwise processed.
QUARRYING
The business of conducting a quarry as related directly to the excavation and transportation of stone, slate, shale or other natural mineral resources and/or the removal thereof from quarry premises to the processing area or off site for delivery to the ultimate user.
[Amended 4-1-1985 by Ord. No. 85-9; 7-20-1992 by Ord. No. 92-19]
RECLAMATION
The reconditioning of the area of land affected by quarrying operations to restore same to a productive use after termination of quarrying operations consistent with the Master Plan adopted by the Planning Board of the Township of Bridgewater.
RECLAMATION PLAN
A written proposal for reclamation of the area of land affected by quarrying operations, including land use objectives, specifications for grading, manner and type of vegetation and such maps and other supporting documents signed and sealed by a licensed professional engineer as may be required by the Planning Board.
[Amended 4-1-1985 by Ord. No. 85-9]
It shall be unlawful for any person to conduct the business of quarrying within the Township of Bridgewater 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:
A. 
The name and address of the applicant, if an individual; the name, residence and business address of each partner, if a partnership; 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.)
B. 
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 in the State of New Jersey, showing the entire tract involved, the location of all survey markers (concrete monuments) required by this chapter, the lots and blocks of all property located within 500 feet of the premises, the zoning district and zone district lines, if they exist, all roads or buildings within 500 feet of the premises, existing and proposed final contours of the land involved and surrounding lands up to 500 feet from the premises, contours to be created by the quarrying operator at ten-foot intervals and all brooks, streams and bodies of water either on the tract or within 500 feet of the premises.
[Amended 4-1-1985 by Ord. No. 85-9]
C. 
Data 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 the applicant is not the owner, written consent of the owner must be furnished.
D. 
Six copies of the plot plan and specifications indicating places where quarrying is to be conducted, all entrances or exits to the tract involved, fences, gates or buildings, existing or proposed, equipment, existing or proposed and a narrative describing the method of operation and materials to be quarried.
[Amended 4-1-1985 by Ord. No. 85-9]
E. 
The hours during which the quarry will be operated.
F. 
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.
G. 
A verification that survey markers have been installed utilizing concrete monuments at each point on the premises boundary line.
[Amended 4-1-1985 by Ord. No. 85-9]
A. 
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-37. The Planning Board shall make its report within the period prescribed in N.J.S.A. 40:55D-46(c). 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:
(1) 
The data required under § 124-4B above.
[Amended 4-1-1985 by Ord. No. 85-9]
(2) 
Wherever practicable, provisions shall be made for grading of all slopes to a rolling topography not to exceed 70º or as approved by the New Jersey Mine Safety Bureau.
[Amended 4-1-1985 by Ord. No. 85-9]
(3) 
Where topsoil has been removed, provisions shall be made for setting aside, for retention on the premises, 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 45º) shall be planted with rootable plant material in sufficient number and of sufficient size to minimize erosion.
(4) 
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.
(5) 
Provisions shall be made for adequate drainage during quarrying operations and after termination of the same.
(6) 
Provisions shall be made for lateral support slopes and grades abutting streets and lands during quarrying operations and after termination of same.
(7) 
Provisions shall be made to make the proposed uses on the quarry site, after reclamation, compatible with the surrounding areas.
[Amended 4-1-1985 by Ord. No. 85-9]
(8) 
Such other factors that may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
B. 
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, and any amended or revised reclamation plan will be submitted to the Planning Board for review as provided herein.
C. 
Provisions shall be made for the completion of all reclamation within a period of two years after termination of quarrying operations.
D. 
An original reproducible copy of the reclamation plan and any amendments or revisions thereof shall be filed with the Township Clerk.
[1]
Editor's Note: Former § 124-6, Performance bond, was repealed 4-1-1985 by Ord. No. 85-9.
Each application shall be accompanied by a fee of $300 to be used for the cost of engineering examination of the application; and the applicant shall further deposit the sum of $750 to be used for the cost of inspection as provided herein.
The Township Engineer or his authorized representative is hereby designated as Quarry Inspector, whose duty shall be to conduct a monthly 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, but in no event less than quarterly and as may be required by the Township Council. Such reports shall be submitted to the Township Council and Planning Board. The Quarry Inspector is further designated as the enforcing officer of this chapter and shall investigate any and all alleged violations thereof.
A. 
Quarrying may only be conducted during the hours between 6:30 a.m. and 7:00 p.m. Trucks may be staged on site for loading of processed material prior to 6:30 a.m.; provided, however, that no machinery, equipment or other operations may commence outside of normally permitted operating hours.
[Amended 4-1-1985 by Ord. No. 85-9;[1] 7-20-1990 by Ord. No. 92-19; 10-3-1994 by Ord. No. 94-35]
[1]
Editor's Note: This ordinance provided for the renumbering of former Subsections C, D, E, F, H, I, J, K and L as Subsections B, C, D, E, F, G, H, I and J, respectively. Other amendments noted where applicable.
B. 
No operations of any kind shall be conducted on Sunday, except by emergency permit issued by the Mayor or the Quarry Inspector.
[Amended 4-1-1985 by Ord. No. 85-9]
C. 
All drilling must be done by a method which effectively controls dust.
[Amended 4-1-1985 by Ord. No. 85-9]
D. 
All roads or traveled rights-of-way within the licensed premises must be treated with acceptable material in order to reduce the accumulation and dissemination of dust.
[Amended 4-1-1985 by Ord. No. 85-9]
E. 
No quarrying shall be permitted which will reduce the quarried area below the lowest grade or adjoining properties or roads, nor shall any quarrying be permitted which will endanger the lateral support of abutting properties. No quarrying shall occur within 150 feet of any property or street line, except in accordance with an approved reclamation plan.
[Amended 4-1-1985 by Ord. No. 85-9]
F. 
The perimeter of the licensed premises shall be posted with signs stating such. Where actual quarrying is within 150 feet of a property line, a chain link fence of a minimum height of six feet shall be erected to control access to the area.
[Amended 4-1-1985 by Ord. No. 85-9]
G. 
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.
H. 
Where conveyors discharge material of less than one inch in diameter into stockpiles of such material, the licensee shall take steps to reduce the accumulation and dissemination of dust.
[Amended 4-1-1985 by Ord. No. 85-9]
I. 
Wherever the licensed premises abuts a residential zone, a landscape buffer shall be planted and maintained. The landscaping shall consist of trees and shrubs to provide a screen throughout the year. Wherever a public street or road abuts the licensed premises, the licensee shall have the option of planting a landscape buffer or erecting a fence of sufficient height to shield the street or road from the quarry.
[Amended 4-1-1985 by Ord. No. 85-9]
J. 
All crushing and processing of quarry materials must be conducted by use of dust control or by local exhaust systems of equivalent effectiveness.
[Amended 4-1-1985 by Ord. No. 85-9]
All license applications shall be reviewed by the Township Engineer and shall be certified as to whether or not they comply with the requirements of this chapter, and, if so certified, the Township Council may approve the issuance of a license to operate the quarry described therein. Such licenses shall be renewed annually on January 1 of each year and shall expire on December 31 of the same year. Initial licenses issued during the calendar year shall expire on December 31 of the same year.
After 10 days' notice and an opportunity to be heard, the Township Council may suspend any license issued under this chapter if it finds that the licensee is violating a material term or provision hereof or any applicable statute of the State of New Jersey in such fashion as will be substantially detrimental to the health, safety or welfare of any of the inhabitants of the Township.
This chapter shall be enforced by the Township Engineer, who shall investigate any violation of this chapter 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 other party in charge of the licensed premises, which notice shall require said 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 Township Engineer 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 said person fails to abate said violation within the time specified, the Township Engineer shall notify the Township Council and prosecute a complaint in Municipal Court to terminate said violation.
In addition to the revocation or suspension penalty as provided above, any person who violates any provision of this chapter or who otherwise fails to comply with any of the requirements of this chapter shall, for each such violation or offense, be subject to a fine of not more than $500 or imprisonment for not more than 90 days, or both. Each day that a violation or offense continues shall constitute a separate violation hereof.
[Added 4-1-1985 by Ord. No. 85-9]
A. 
The Township Council may grant the applicant a temporary license to operate the quarry for a period of three months pending the renewal issuance of the license. The applicant shall operate the quarry in compliance with the provisions of this chapter during said period.
B. 
Any violation of the temporary license may result in the revocation of said license. Procedure for revocation shall follow the procedures set forth in this chapter.
C. 
The Township Council may grant thirty-day extensions to the applicant until the license is granted or denied.
[1]
Editor's Note: Former § 124-14, Variances from requirements, was repealed 4-1-1985 by Ord. No. 85-9.
Nothing in this chapter shall be construed as repealing any provision of any other municipal ordinance regulating or controlling quarrying operations or any portion thereof. In the event any regulation provided above shall vary from the same or a similar regulation of any other municipal ordinance, the more restrictive provision of such ordinances shall be deemed to control.