[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:
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
A place where stone, shale, slate or other natural mineral
resources are excavated, crushed, washed, graded, blasted or otherwise
processed.
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]
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.
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:
(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.
[Amended 11-10-2022 by Ord. No. 22-28]
A.
Annual
application and licensing fee. Each annual license application shall
be accompanied by an application and license fee of $3,000 to cover
the actual costs and expenses incurred by the Township in connection
with the professional and administrative processing, review, investigation
and analysis of the application and accompanying plans, maps and other
technical materials, reports and information submitted therewith reasonably
necessary to the consideration of the license application by each
municipal department, official, employee and professional involved
in the licensing process. This fee shall not be prorated. All application
and licensing fees submitted to the Township shall be nonrefundable.
B.
Inspection;
license compliance and enforcement escrow. An escrow in the amount
of $7,500 is established to cover the actual costs and expenses incurred
in connection with the Township oversight and administration of the
quarry license and operations. Costs and expenses include detailed
charges by the professional(s) engaged by the Township. The license
holder will receive a copy of all escrow charges from the professionals
with detailed explanations. The license holder shall have 30 days
in which to appeal any such charges to the Township Administrator
in writing. The license holder shall replenish the escrow account
back to a balance of at least $7,500 whenever the amount available
falls below $2,500. This replenishment shall be accomplished within
30 days of notification to the license holder by the Township of the
escrow deficiency.
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.
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.
