[HISTORY: Adopted by the Township Council
of the Township of Pohatcong 12-3-2013 by Ord. No. 13-13.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 45.
Critical geologic areas — See Ch. 115.
Hazardous materials — See Ch. 158.
Soil erosion and sediment control — See Ch. 233.
Subdivision and site plan review — See Ch. 245.
Zoning — See Ch. 285.
[1]
Editor's Note: This ordinance also superseded former Ch. 213,
Quarrying, adopted 12-14-1999 by Ord. No. 99-18, as amended.
The purpose of this chapter is to specify the minimum requirements necessary to secure a permit for the operation of a quarry as defined in § 213-2. This chapter establishes the rules and regulations needed to ensure the protection of the public health, safety and welfare of the Township of Pohatcong and its inhabitants. The intent is to ensure that quarry operations will be performed in a manner that is protective of public health and the environment with minimal nuisance from noise or dust emissions and to ensure that sites used for quarry operations will be reasonably rehabilitated upon termination of quarry operations.
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 type of open-air mine where natural earth materials such
as rock, building stone, sand, and/or gravels are extracted for off-site
uses.
The business of the extraction, processing and transportation
of natural earth materials for financial gain used for construction
and/or land development.
The deliberate reconditioning of the area of land affected
by quarrying operations to restore the land to conditions suitable
for other uses upon termination of quarrying operations.
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 pursuant to this chapter.
It shall be unlawful for any person to conduct the business
of quarrying within the Township of Pohatcong without first having
obtained a permit therefor in accordance with this chapter.
A.
Applications for initial permits required by this chapter shall be
made upon forms provided by the Township Clerk and shall be signed
by the applicant.
B.
Applications shall be filed with the Township Engineer, who shall
determine whether the application is complete based upon whether all
items set forth on the application checklist have been submitted.
An applicant for a permit may apply to the Township Council for a
waiver from any checklist requirement. In making such determination,
the Township Engineer shall be guided by and apply the standards embodied
hereunder. Upon determining that the application is complete, the
Township Engineer shall notify the Township Council that a public
meeting date can be established. If the application is incomplete,
he shall notify the owner of the reasons for the determination. The
determination shall, in general, be made within 60 days of the submittal.
C.
The application shall consist of the following:
|
Numbers Required
| |||
|---|---|---|---|
|
Document
|
Submittal for Completeness
Determination
|
Submittal Within 10 Days for
Completeness Determination
| |
|
Application forms
|
2
|
5
| |
|
Plans
|
2
|
5
| |
|
Supporting documents
|
2
|
5
| |
|
Fees
|
Due at this stage
|
N.A.
| |
D.
The application for an initial permit shall be accompanied by the
following information:
(1)
Completed application form.
(2)
Copies of all applicable local, state and federal permits. Copies
should also be maintained on the site.
(3)
A legal description of the premises where the business is to be conducted.
(4)
A plot plan containing, as a minimum, the following information:
(a)
Maps and plans submitted in compliance with this chapter shall
be 24 inches by 36 inches or 30 inches by 42 inches.
(b)
The plans shall be prepared and signed by a professional engineer
licensed in New Jersey except for certification by other licensed
professionals as required by this chapter or New Jersey law.
(c)
The plot plan shall be drawn at a scale in accordance with the
following table:
|
Area of Site
(acres)
|
Scale Not To Be Less Than
| |
|---|---|---|
|
Less than 40
|
1 inch equals 50 feet
| |
|
Over 40
|
1 inch equals 100 feet
|
(d)
The title block shall include the following information:
(f)
General plot plan requirements:
[1]
The names and address of the operation and the owner.
[2]
The acreage, municipal tax map lot and block numbers and tax
sheet numbers of the lot or lots.
[3]
A key location map showing the site and its relationship to
surrounding areas and zone boundaries within a minimum of 1/4 mile.
[4]
All existing, proposed and minimum required setback dimensions
as required by the Zoning Ordinance.
[5]
Landscaped and vegetated areas, fencing and tree lines.
[6]
All existing signs and utility poles and their size, type of
construction and location.
[7]
The existing principal building or structures and all accessory
buildings, structures or equipment.
[8]
The location of all existing buildings, drainage and parking
areas within 200 feet of the lot.
[9]
Existing topography depicted by contours at two-foot intervals
based upon New Jersey Geodetic Control Survey datum for the site and
areas within 50 feet of the site. Topography shall be no less than
two years old for the entire site for the initial application.
[10]
An accurate boundary survey prepared and certified by a New
Jersey licensed land surveyor. The survey shall be based on a field
traverse with an error of closure not less than one part in 10,000.
[11]
The approximate location and size of all existing storm drainage
facilities.
[12]
The location of all existing sidewalks, driveways, haul roads,
fences, retaining walls, parking space areas and the layouts thereof
and all off-street loading areas, together with the dimensions of
all the foregoing on the site in question and within 100 feet of said
site.
[13]
The estimated average number of automobiles and number and size
and type of trucks that will enter and leave the site each day.
[14]
The location, size and nature of all existing and proposed rights-of-way,
easements and other encumbrances which may affect the lot or lots
in question.
[15]
The location, size and nature of the entire lot or lots in question
and any contiguous lots owned by the owner/operator or in which the
owner/operator has a direct or indirect interest, the date of acquisition
of each tract and the deed book and page in which the acquisition
is filed.
[16]
The general nature and extent of site lighting and intended
hours of usage.
[17]
The location of sewage disposal and water supply.
[18]
A landscape and planting plan which, as a minimum, shall spot
the location of all existing plantings to be retained and all plantings
to be established and shall contain a schedule, keyed to the proposed
plantings shown, calling out the type (common name and botanical name),
size (height, spread and trunk diameter) at the time of planting and
at maturity and quantity of all plantings to be established shown
on the plan.
(5)
Reclamation plan.
(a)
A reclamation plan shall, in addition to showing the ultimate
conceptual 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]
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.
[2]
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 minimum depth of four inches.
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.
[3]
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.
[4]
Provisions shall be made for adequate drainage during quarrying
operations and after termination of the same.
[5]
Provisions shall be made for lateral support slopes and grades
abutting streets and lands during quarrying operations and after termination
of same.
[6]
Provisions shall be made to make the proposed uses on the quarry
site, after reclamation, compatible with the surrounding areas.
[7]
Imported materials used as fill for mined land reclamation areas
shall be secured from sources approved by the New Jersey Department
of Environmental Protection (NJDEP). Such materials must be consistent
with NJDEP rules and regulations for the protection of human health
and the environment.
(b)
The reclamation plan shall remain in effect until such time
as quarrying operations are terminated. 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 Township
Engineer 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.
(6)
The hours during which the quarry will be operated.
(7)
Evidence that the person, firm, cooperation, partnership, or association
by whom a permit is being sought has in effect a public liability
insurance policy with limits of liability of not less than $1,000,000
covering bodily injury to each person and of at least $2,000,000 liability
for any one accident and property damage liability with limits of
not less than $100,000 for each accident relative to liability arising
from any operations or activities incidental to and during the period
in which the business is conducted pursuant to the permit.
A.
Applications for permit renewals shall be made upon forms provided
by the Township Clerk and shall be signed by the applicant.
B.
Applications shall be filed with the Township Engineer, who shall
determine whether the application is complete based upon whether all
items set forth on the application checklist have been submitted.
An applicant for a permit may apply to the Township Council for a
waiver from any checklist requirement. In making such determination,
the Township Engineer shall be guided by and apply the standards embodied
hereunder. Upon determining that the application is complete, the
Township Engineer shall notify the Township Council that a public
meeting date can be established. If the application is incomplete,
he shall notify the owner of the reasons for determination. The determination
shall, in general, be made within 60 days of the submittal.
C.
The application shall consist of seven copies each of the following
items:
(1)
Application form.
(2)
Copies of all applicable local, state and federal permits.
(3)
Evidence that the permit holder has in effect a public liability
insurance policy with limits of liability of not less than $1,000,000
covering bodily injury to each person and of at least $2,000,000 liability
for any one accident and property damage liability with limits of
not less than $100,000 for each accident relative to liability arising
from any operations or activities incidental to and during the period
in which the business is conducted pursuant to the permit.
(4)
Any additional information deemed relevant with respect to changes
in operation or proposed reclamation.
A.
Initial applications pursuant to the provisions hereof shall require
an application fee of $750 payable to the Township for the issuance
of a permit, which shall be effective for a period of four years,
and shall expire on December 31 of the fourth year following the year
in which it was issued. Additionally, initial applications shall require
payment of an administrative escrow fee in the amount of $3,000 to
reimburse the Township for professional and administrative services
rendered in review of an application for a permit. When the administrative
escrow fee falls below the amount of $500, same shall be replenished
to the amount of $1,000 prior to the continuation of administration
of the application and prior to the issuance of any permit. No permit
fee shall be prorated for a portion of the years for which it might
be issued.
B.
The renewal of a permit shall require an application fee of $500
payable to the Township. The renewed permit shall be effective for
a period of four years, and shall expire on December 31 of the fourth
year following the year in which it was issued. Additionally, applications
for permit renewals shall require payment of an administrative escrow
fee in the amount of $1,500 to reimburse the Township for professional
and administrative services, including site inspections and preparation
of reports. When the administrative escrow fee falls below the amount
of $500, same shall be replenished to the amount of $1,000 prior to
the continuation of administration of the application and prior to
the issuance of any permit.
C.
All professional charges for review of an application shall be reasonable
and necessary, given the status and progress of the application. Each
payment charged to the escrow deposit for review of applications shall
be pursuant to a voucher from the professional, which voucher shall
identify the personnel performing the service, and for each date the
service is performed, the hours spent to one-quarter-hour increments,
the hourly rate and the expenses incurred. All professionals shall
submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with schedules and procedures established
by the Chief Financial Officer of the municipality, and shall send
an information copy simultaneously to the applicant. Whenever the
applicant disputes the charges made by the professional for service
rendered in reviewing the application, an applicant shall notify in
writing the Township Council and the professional. The Township Council,
or its designee, shall within a reasonable time period attempt to
remediate any disputed charges. If the matter is not resolved to the
satisfaction of the applicant, the applicant may appeal to a court
of competent jurisdiction.
The Township Engineer or his authorized representative is hereby
designated as Quarry Inspector, whose duty shall be to conduct a yearly
inspection of the permitted 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 to
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.
A.
Hours of operation shall be from 6:00 a.m. to 8:00 p.m. Mondays through
Saturdays. At all other times, there shall be no operation other than
such operation as may be necessary for the maintenance of equipment.
No machinery shall be operated upon the sand and gravel pit and/or
industrial excavation site prior to or subsequent to the permitted
hours of operation hereinbefore mentioned. Upon written request of
the permit holder and for good cause shown, the Township Council shall
have the right to extend the permit holder's hours of operation,
provided that the extension is for specified hours and for specific
duration of time not to exceed 90 days, and further provided that
the extended hours do not adversely impact upon the health, safety
and welfare of the citizens of the Township of Pohatcong and is in
furtherance of the efficient regulation of quarry operations within
the Township. This subsection shall not be construed to prohibit the
return of empty vehicles to the premises or any reasonable or necessary
repairs required to be made to equipment.
B.
No operations of any kind shall be conducted on Sunday, except by
emergency permit issued by the Township Council.
C.
All drilling must be done by a method which effectively controls
dust.
D.
All roads or traveled rights-of-way within the permitted premises
must be treated with acceptable material in order to reduce the accumulation
and dissemination of dust.
E.
All crushing and processing of quarry materials must be conducted
by use of dust control or by local exhaust systems of equivalent effectiveness.
F.
Where conveyors discharge material of less than one inch in diameter
into stockpiles of such material, the permittee shall take steps to
reduce the accumulation and dissemination of dust.
G.
Any new buildings, quarry operations, excavations or tops of slopes
shall not be less than 200 feet to any property line or roadway. Existing
building operations, excavations or tops of slopes closer than 200
feet at the time of initial permitting under this chapter, as well
as restoration work, shall be exempt. Upon completion of the quarry
operations, those clearly indicated 200 feet encroachments shall be
stabilized per approved plan. Sloping into two-hundred-foot area will
be allowed for preexisting conditions. Interim slopes shall not after
sloughing result in a top of slope closer than described above. In
addition, quarrying shall not be permitted that will endanger the
lateral support of abutting properties.
H.
A fence shall be erected and maintained around the quarrying area
to assure nonaccess thereto by unauthorized persons, whether such
area is being used presently or whether it has been used for such
purposes in the past. Said fence shall be woven wire of the chain-link
type at least six feet high, and any entrance or exit through said
fence shall be by means of gates of equal height. Such fence shall
have three strands of barbed wire placed on top of same.
I.
Signs shall be maintained at all entrances or exits of the quarried
premises indicating the name and address of the permittee and that
the business being conducted is a permitted quarry operation.
J.
Wherever the permitted 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 permitted premises, the permittee
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.
K.
All provisions of the New Jersey Air Pollution Control Code, as amended
and augmented by regulations, shall be complied with.
L.
Noise emanating from any quarry shall comply with the standards and
requirements established by the New Jersey Department of Environmental
Protection pursuant to the Noise Control Act of 1971, N.J.S.A. 13:1G-1
et seq.
M.
Blasting and the use of explosives in conjunction with the quarrying
activity shall be permitted, provided that all aspects of blasting
and the use and storage of explosives shall, at all times, be in accordance
with the provisions of the Explosives Act (N.J.S.A. 21:1A-128 et seq.).
After 10 days' notice and an opportunity to be heard, the
Township Council may suspend any permit issued under this chapter
if it finds that the permittee 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 permitted 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.
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a penalty in accordance with Ch. 153, General Penalty. Each day that a violation or offense continues shall constitute a separate violation hereof.
