Township of Hamilton, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hamilton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 173.
Land use and development — See Ch. 203.
Noise — See Ch. 214.
Streets and sidewalks — See Ch. 264.
Trees — See Ch. 282.
[Adopted 5-7-1984 by Ord. No. 870-84[1]]
[1]
Editor's Note: This ordinance superseded Ord. No. 855-83, adopted 9-16-1983, which in turn superseded former Ch. 70, Excavations in Streets, adopted 9-7-1971 by Ord. No. 395-71, amended in its entirety 8-6-1979 by Ord. No. 746-79.

§ 163-1 Definitions.

For purposes of this article, the following terms, phrases, words and their derivations shall have the meanings herein given:
APPLICANT
Any person making written application to the Township Engineer for an excavation permit.
EMERGENCY OPENING
An urgent opening and repair operation required to protect the health, safety and welfare of the general public from the immediate hazards posed by a broken or leaking main, an eroded and undermined structure or other similar instance involving a sudden and unforeseen hazard.
EXCAVATION
The extension, opening or any other work permitted under a permit and required to be performed under this article.
MAINTENANCE SURETY
A corporate bond, guaranty bond or certified check or other similar surety acceptable to the Township Solicitor as a guaranty of good faith performance of all maintenance and repair required at the site.
PERFORMANCE SURETY
A corporate bond, performance bond, certified check or other similar security acceptable to the Township Solicitor, furnished by the applicant as a guaranty of good faith in performing and completing the work as described in the application and permit forms in full compliance with the construction standards contained herein, and to assure that any subsequent necessary repairs are accomplished as directed by the Township Engineer.
PERMITTEE
Any person who has been granted and has in full force and effect a permit issued hereunder.
PERSON
Any person, firm or partnership, association, corporation, company or organization of any kind.
STEEL-TRACKED EQUIPMENT
Any crawler-type equipment, including but not limited to bulldozers, backhoes and cranes containing steel tracks or tracks composed of any other metal or alloy or other substance.
STREET or ROAD
The entire width between property lines or every way or place of whatever nature when any part thereof is open to the use of the public as a matter of right, notwithstanding whether such width or way or place may be composed of concrete, brick, asphalt, macadam, gravel, oil and stone or any other substance.

§ 163-2 Applicability.

The provisions of this article shall apply to all streets or roads now or hereafter dedicated for public use within the limits of the Township of Hamilton.

§ 163-3 Permit required.

On or after the effective date of this article, it shall be unlawful to do any of the following without having first received the permission of the Township Engineer, which permission may be granted only after application to the Township Engineer on forms prescribed by the Township Engineer and maintained by the Township Clerk. Any person, firm or any other entity that shall apply to the Township Engineer for permission as set forth herein shall guarantee that all marks and damage of any nature whatsoever caused or made by said steel-tracked equipment to streets or roads of the Township of Hamilton shall be repaired to the satisfaction of the Township Engineer. It is provided for herein that the repairs contemplated by Subsection F may require a pavement overlay.
A. 
To excavate, open, repair, construct or extend any portion of any street.
B. 
To make or cause to make any excavation in or under the surface of any street for any purpose.
C. 
To place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of streets.
D. 
To clear any Township right-of-way of vegetation for the installation of gravel material and/or construction of a bituminous concrete cartway.
E. 
To perform any other operation on any street which interferes with or disturbs the surface of such street in any manner.
F. 
To use or operate any steel-tracked equipment on or over the streets or roads of the Township of Hamilton.

§ 163-4 Emergency opening.

In the event that any street, road, main, conduit or other utility installation in or under any street, alley, sidewalk or public way shall burst, break or otherwise be in such condition as to seriously endanger persons or property, the owner of such sewer, main, conduit or other installation shall immediately remedy such trouble and shall immediately take all necessary steps to make the location safe and secure. However, such owner shall apply for a permit within five days after such break or serious trouble has developed, and the necessary permanent repairs to such location shall be made under the direction of the Township Engineer and shall be completed as soon as is practicable after receipt of the permit.

§ 163-5 Permit application.

A. 
In order to apply for a permit to excavate as herein provided, a person shall:
(1) 
Obtain a written application for the issuance of an excavation permit from the Township Clerk.
(2) 
Upon the application, state his name, address and telephone number, estimated dates of commencement, completion and restoration of the excavation and any other data as may be reasonably required by the Township Engineer.
(3) 
Attach any plans or drawings drawn by a professional engineer of the State of New Jersey to the application. Said plans or drawings must be drawn to a scale sufficient to clearly show any proposed work. Plans may be required to show profiles and all utilities within 25 feet of the proposed work if requested by the Township Engineer.
B. 
The applicant has the additional responsibility of obtaining a separate permit as required by N.J.S.A. 2A:170-69.4 to 2A:170-69.6[1] when the proposed excavation is located within 200 feet of a gas pipeline. All permits issued by the Township Engineer are subject to the issuance of said separate permit application, and the applicant is also responsible for contacting all other local utilities to determine whether any property or facilities of the utilities are located in the vicinity of the proposed excavation site, and if so, the applicant is obligated to comply with any statutes or regulations pertaining thereto.
[1]
Editor's Note: Said N.J.S.A. 2A:170-69.4 to 2A:170-69.6 were repealed by L. 1978, c. 95. For current provisions see N.J.S.A. 48:2-73 et seq.

§ 163-6 Exceptions.

A. 
The provisions of this article shall not apply to any persons engaged in any contracting activity authorized by and under the administration of the Department of Public Works.
B. 
Upon review of a permit application by the Township Engineer, the Township may waiver the permit process outlined in this article when the Township deems it in the best interest of the applicant and the Township to permit such waiver.

§ 163-7 Issuance of permit; revocation; moratorium.

[Amended 11-6-1989 by Ord. No. 1012-89]
A. 
Upon the submission of an application form and payment of fees and deposits hereinafter described, the Township of Hamilton, in its discretion, may issue a permit to excavate or open any street surface located in its parameters. The permit shall state the name of the applicant, his address and telephone number, the location of the excavation or opening and the number of days for which the permit shall be effective, which shall not exceed one year. The time period may be extended by the Township Engineer for reasonable cause. The Township Engineer, as authorized by the Township of Hamilton, shall have the power to revoke any permit at any time for reasonable cause.
B. 
Unless otherwise required by an emergency, the Township Clerk's office shall not issue a permit for the opening or excavation of any road or street where such road or street has been resurfaced or repaved within three years prior to the date of application for said permit. Any such emergency must be so certified by the Township Public Works Director. This provision shall apply to existing roads or streets or streets constructed under the Developmental Ordinance[1] but not formally accepted by the Township. Streets or roads paved with bituminous surface treatment shall be exempt from the three-year moratorium.
[1]
Editor's Note: See Ch. 203, Land Use and Development, of the Land Use volume.
C. 
An applicant may apply to the Township Committee for a waiver of the three-year moratorium. If granted by the Township Committee, restoration shall conform to § 163-16B, Extraordinary restorative measures, of this article.

§ 163-8 Limitation on permits.

A. 
Permits shall become null and void unless work is commenced within 30 days of the issuance of the permit. An extension of time may be granted by the Township Engineer, at his discretion, for reasonable cause as demonstrated by the permittee. The time limits contained herein shall not be applicable to public utilities.
B. 
The permittee shall file forty-eight-hour notice to the Township Engineer and Police Department prior to making any road openings, excavations or extensions, except in an emergency opening as provided in § 163-4. No excavation, opening or extension shall be commenced on a Saturday or Sunday or holiday except in cases of an emergency opening.
C. 
All excavations must be backfilled immediately and pavement restored within 30 days unless otherwise directed by the Township Engineer.
D. 
No work areas shall be closed for traffic for more than 48 hours without the written approval of the Township Engineer.

§ 163-9 Application fee.

An application fee in the amount of $25 for each separate excavation, opening or extension shall be paid to the Township Clerk.

§ 163-10 Performance and maintenance surety.

Before any permit is issued, the following sureties are to be posted with the Township Solicitor:
A. 
Performance surety in a sum based upon an engineer's estimate prepared by the applicant and approved as to quantities and costs by the Township Engineer. Public utility company guaranties may be performance bonds, including corporate bonds, of an amount approved by the Township Engineer and in a form approved by the Township Solicitor.
B. 
Maintenance surety. In addition to the posting of a performance surety and as a condition to the release of the same, the permittee shall post a maintenance surety. The sum of such a surety shall be 10% of the approved engineer's estimate. Public utility companies that post a performance surety will not be required to post a separate maintenance surety. The application shall be responsible for the maintenance and repairs required at the site for a period of one year following completion of construction.
C. 
Violations and penalties. Any person who shall violate any provision of this section shall be subject to a fine of not more than $200 for each offense. Each day's continuance of such violation shall constitute a separate offense.
D. 
Inspection fees. Inspection fees for openings less than 15 square yards shall be $150. Inspection fees for all openings greater than 15 square yards shall be estimated by the Township Engineer based upon estimated field inspection expenses and review of application. Such fees shall be payable to the Township Clerk and placed in escrow. Unexpended fees shall be returned to the applicant upon the expiration of the maintenance surety period.
[Amended 10-16-2000 by Ord. No. 1382-2000]
E. 
Engineer's fee. An engineer's fee of $75 to be held in escrow by the Township and paid to the Township Engineer upon submission of a voucher. Said fee shall cover the Township Engineer's review of the application.
[Added 10-16-2000 by Ord. No. 1382-2000]

§ 163-11 Disclaimer of liability.

The applicant, upon securing said permit, agrees that the Township of Hamilton will be held harmless from any and all claims of any nature arising out of any work covered by said permit. The Township of Hamilton, in issuing said permit, shall not assume liability in connection therewith. In the event of any suit or claim against the Township by reason of the negligence or default of the permittee, upon notification by the Township to the permittee of such suit or claim, any final judgment against the Township requiring it to pay for such damage shall be conclusive upon the permittee, and the permittee shall be liable for Township costs in connection with such suit or claim.

§ 163-12 Insurance.

Prior to performing any work under a permit, the permittee shall deliver to the Township Engineer a policy of liability insurance. Such insurance shall provide coverage for public liability of at least $100,000 per person per occurrence, $300,000 per occurrence for bodily injury liability and at least $50,000 per occurrence for property damage. The insurance carrier shall not cancel said insurance without giving the Township at least 10 days' notice, in writing, thereof.

§ 163-13 Traffic provisions.

A. 
The permittee shall take appropriate measures to assure that during the performance of the excavation work traffic conditions shall be maintained as normal as is practicable to the residents of adjacent properties and to the general public. The Township Engineer, at his discretion, may permit the closing of streets to all traffic for 48 hours as provided for in § 163-8D. The permittee shall keep all street excavations, openings and extensions guarded at all times and open no greater part of such area than shall be reasonably necessary as determined by the Township Engineer. The permittee shall route and control traffic, including his own vehicles, as directed by the Police Department. Before any highway may be closed or restricted to traffic, the permittee shall receive the approval of the Township Engineer and the local Police Department. Upon completion of the construction work, the permittee shall notify the Township Engineer and the local Police Department before traffic is moved back to its normal flow so that any necessary adjustments may be made.
B. 
Where flagmen are deemed necessary by the Township Engineer, they shall be furnished by the permittee at his own expense. Traffic shall be maintained without the aid of detours, if possible; however, if this is not feasible, the Township Engineer will designate detours. The Township shall maintain roadway surfaces of existing highways designed as detours without expense to the permittee, but in case there are no existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the Township Engineer.
C. 
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire plugs. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles or material and other obstructions.

§ 163-14 Safety precautions.

The following measures shall be taken to ensure the safety and protection of the traveling public:
A. 
All openings must be backfilled and temporarily patched immediately and the pavement restored within 30 days after completion of work unless otherwise directed by the Township Engineer.
B. 
If it is necessary to leave an excavation unfinished overnight or for an extended period, the permittee shall place at the site barricades exhibiting his name and phone number where he can be reached at all times. He shall also notify the Police Department of the condition of the unfinished excavation and furnish the Police Department with his name and telephone number where he can be reached at all times. Flame torches or flashers must be used as follows: a minimum of four at the site or along the right-of-way as required by the Township Engineer.
C. 
Any portions of work areas not closed to traffic must be temporarily patched with cold patch, a minimum of two inches thick and properly maintained, until final paving is installed.
D. 
The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavation in order to encroach upon highways as little as possible.
E. 
The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of steel plates or of plank, timbers and blocking of adequate size to accommodate vehicular safety. Timber decking shall not be less than four inches thick and shall be securely fastened. Pedestrian crossings, if of timber, shall consist of planking three inches thick, 12 inches wide and of adequate length, together with necessary blocking. The walk shall not be less than three feet in width and shall be provided with a railing as required by the Township Engineer.
F. 
All permittees shall call the New Jersey Utility Opening Service at (800) 272-1000 and the Hamilton Township Municipal Utilities Authority at (609) 625-1872 and obtain clearances before beginning excavation.

§ 163-15 Restoration standards.

A. 
The applicant shall be responsible for the immediate refilling of any excavation or construction site and the backfilling of any road, street or alley in accordance with the following specifications.
B. 
The following standards shall govern excavation, refilling and backfilling of any road, street or alley:
(1) 
Location of existing utilities. The Contractor shall bear the responsibility of notifying the appropriate utilities, as referenced in § 163-14F, prior to commencing excavation. The Contractor shall also notify all nonparticipating utilities of the Utility Opening Service. Generally, the utilities are gas mains, water mains, sanitary sewer mains, electrical conduits, telephone conduits and stormwater drains.
(2) 
Pavement cutting. Pavement shall be cut with pneumatic hammers or mechanical pavement cutters, saws or other methods approved by the Engineer.
(3) 
Trench excavation. The trench in which any utilities and/or appurtenances are to be constructed shall be excavated in open cut from the surface, except where otherwise stated in writing, and in all cases in such a manner and to such depth and width as will give suitable room for bracing and supporting, pumping and draining. The maximum trench width at the top of the pipe shall be two feet plus the outside diameter of the pipe. The contractor may, where it will not interfere with the work or adjacent structures or property and only after receiving approval from the Engineer, slope the sides of the excavation beyond the width specified above. The sides of the trench may only be sloped from a point starting two feet above the top of the pipe.
(4) 
Length of trench to be opened. The length of trench to be opened or the area of the surface to be disturbed or unrestored at any one time shall be limited by the Engineer with regard to expeditious construction and to the convenience and comfort of the persons residing in the neighborhood or frequenting the streets in question. New trenching will not be permitted when earlier trenches need backfilling or labor is needed to restore the surfaces of the streets to a safe and proper condition.
(5) 
Backfilling trenches.
(a) 
The trench or other excavation shall be carefully backfilled with such excavated material. No rock or frozen earth shall be put in the trench until the backfill has reached at least two feet above the top of the utility. Backfill to a height of two feet above the top of the utility pipe shall be made with earth which shall be free from stones or rock fragments of a size larger than one inch in diameter. Below this level, the backfill shall be placed in layers not more than six inches thick and shall be compacted as follows:
[1] 
By approved vibratory soil compactors if the backfill material is predominantly sand or sand and gravel but contains more than 12% by weight of the material that will pass the two-hundred mesh sieve.
[2] 
By approved vibratory compactors or puddling if the material is predominantly sand or sand and gravel and contains not more than 12% by weight of the material that will pass the two-hundred mesh sieve.
[3] 
By approved flat-faced mechanical tampers if the backfill material is not predominantly sand or sand and gravel.
[4] 
Backfill around inlets, manholes and other subsurface structures shall be compacted by flat-faced mechanical tampers.
(b) 
In Subsection B(5)(a)[1] and [2] above, approved flat-faced mechanical tampers may be substituted for the vibratory soil compactors where the shoring and bracing of the trenches or other special conditions make the use of vibrating compactors impractical. Where mechanical tampers or vibrating soil compactors are used in accordance with the foregoing provisions, the backfill shall be placed and compacted in layers not more than six inches thick, loose measurements. Where trenches are puddled in accordance with the foregoing provisions, the backfill shall be placed in successive lifts not more than four feet thick, and each lift shall be thoroughly puddled before the next lift is placed. The application of water shall be continuous until all puddling of each lift is evidenced by a constant head without further addition of water. If more than six-inch depths of trench remain unfilled after the final puddling, the remaining backfill shall be tampered or vibrated as specified in Subsection B(5)(a)[1] and [2] above. The surface of the trench backfill shall be rounded to allow for compression and shall be finally compacted by a three-wheel ten-ton roller and have a load of not less than 333 pounds per inch of width of rear wheels. Rock in pieces weighing more than 50 pounds shall not be put in the trench. All spaces between suitable pieces of rock shall be thoroughly filled with earth by backfilling in alternate layers of rock and earth. All sheeting shall be withdrawn unless ordered left in place by the Engineer. As the trench is refilled, the sheeting and timbering shall be removed in such a manner as to avoid the caving of the trench. The vacancy left by the sheeting shall be carefully refilled by ramming or as otherwise directed. All materials excavated, if suitable, shall be used for backfilling trenches or other excavations or deposited in embankment. None shall be wasted except by permission of the Engineer. All areas shall be kept neat and clean during construction, and all debris shall be removed from the site at the contractor's expense. All materials removed from the site shall be disposed of properly and legally. No debris shall be left behind. Broken pavement, large rocks and all objectionable material are to be kept segregated from the clean surplus material and trucked to a separate disposal site from that of the clean material. When a bulldozer or payloader is used in backfilling a trench, the contractor shall station a man at the side of the trench to carefully inspect and supervise the backfilling operation.
(c) 
The method of backfilling and compaction shall be established at the discretion of the Engineer depending upon the quality of the backfill material encountered at the site and is not necessarily limited to the above-described methods. Any changes required by the Engineer will not be more stringent than those methods outlined herein.
(6) 
Care of existing structures. Care shall be taken not to move any sewers, drains, culverts, poles, water or gas pipes, etc., or structures near them that may be encountered during the construction. They shall be securely hung, braced or supported in place by the contractor at his own expense. All utility poles adjacent to the excavation shall be protected and braced during construction. Whenever it is necessary to interfere with said structures, the contractor shall maintain services at his own expense and repair all damages. He shall leave them in as good a condition as he found them.
(7) 
Dewatering. The contractor shall furnish sufficient pumping equipment and shall provide at his own expense satisfactory drainage whenever needed in the trench and other excavation during the progress of the work. All water pumped and bailed from the trench or other excavation shall be conveyed in a proper manner to a suitable point of discharge. The flow in all sewers, drains and watercourses encountered on the work, in gutters alongside of or across the work, shall be entirely provided for, both temporarily and permanently, as required, by the contractor and at his expense. The contractor shall also be responsible for the cleaning of any debris from the trench or excavation which has accumulated in sewers, drains, watercourses or gutters as a result of dewatering.

§ 163-16 Specifications for Township road restoration.

A. 
Street restoration.
(1) 
During the months when hot-mix bituminous concrete is commercially unavailable, the trench or excavation shall be restored using 10 inches of gravel subbase and two inches of cold-mix bituminous concrete, RR102 Fine or equal. The contractor shall, to the satisfaction of the Township Engineer, maintain the surface of the trench until permanent restoration materials are available.
(2) 
Permanent restoration of the excavation will consist of a six-inch gravel subbase, a two-inch bituminous stabilized base course, I-2, as directed by the Engineer, FABC Surface Course Mix I-5, two inches thick, and SP-1, Mix I-6 (variable thickness), if required.
(3) 
The six-inch gravel base course shall be soil aggregate Type I-5, conforming to the requirements specified, respectively, thereof in Division 8, Section 8, of the Standard Specifications of the New Jersey Department of Transportation.
(4) 
The materials for bituminous stabilized base course, Mix I-2, shall conform to Division 3, Section 2A, of the Standard Specifications.
(5) 
The materials for bituminous concrete surface course, I-5, shall be those specified under Division 3, Section 10, Article 2, of the Standard Specifications.
(6) 
Any deterioration or settlement in the permanent restoration which occurs within a three-year period after completion shall be repaired with SP-1 or, if of sufficient depth, with FABC Mix 5. The materials for the SP-1 bituminous concrete shall be those specified under Division 3, Section 10, Article 2, of the Standard Specifications.
B. 
Extraordinary restorative measures.
(1) 
Where excavations are permitted on streets or alleys which have been resurfaced or repaved within three years of the date of application of said permit, the applicant shall be responsible for extraordinary restoration.
(2) 
For small rectangular excavations, the applicant shall perform the following restoration:
(a) 
The area of the excavation shall be restored as previously defined in Subsection A, with the exception of surface course and base course.
(b) 
Pavement shall be cut with pneumatic hammers, mechanical pavement cutters or saws, for a distance to be established within the discretion of the Township Engineer, on either side of the excavation, parallel to the curb or shoulder and to a width to be determined by the Township.
(c) 
All bituminous concrete pavement will be removed in this area and subbase compacted with a ten-ton or greater roller.
(d) 
All existing pavement edges will be tack-coated.
(e) 
The excavated area shall be repaved in accordance with Subsection A(2). The repaved area shall conform precisely to the grade of existing pavement edges. Grades along curblines shall provide for the flow of water.
(f) 
Bituminous-surface-treated roads shall be restored as in Subsection B(2)(a) through (d) above, but surface course shall be prime and seal coated in accordance with Division 3, Section 6, of the Standard Specifications.
(3) 
For trench excavations, the applicant shall perform the following restoration:
(a) 
The area of the trench shall be restored as previously defined in Subsection A(2), with the exception of the surface course and base course.
(b) 
Pavement shall be cut with pneumatic hammers, mechanical pavement cutters or saws for a distance of six feet on either side and parallel to the trench. In the event that the excavation and above widths total more than 50% of the street width, the entire street shall be resurfaced.
(c) 
Existing surface course shall be removed in this area, and the excavated area will be compacted with a ten-ton roller or greater.
(d) 
All existing pavement edges will be tack-coated.
(e) 
The entire area will be repaved in accordance with Subsection A(2). The repaved area shall conform precisely to the grade of existing pavement edges. Workmanship shall be first quality. Any faulty materials or workmanship shall be removed and replaced to the satisfaction of the Township Engineer.
(f) 
Bituminous-surface roads, etc. [See Subsection B(2)(f).]
C. 
Final cleanup. All applicants and/or their contractors shall remove all equipment, materials and any or all other construction-related debris from the site of the excavation. Any damage to private property, such as but not limited to fences, lawns, driveways, parking areas, curbing, landscaping and sidewalks, shall be repaired to a condition equal to or better than the condition prior to the street opening. All depressions, whether on public or private property, occurring during or because of the street opening shall be repaired. All obstructions in watercourses and drainage systems shall be removed from construction of the utility opening. If a complaint is received by the Township regarding damage to private property, the damage shall be repaired by the contractor to the satisfaction of the Township. The performance and maintenance surety provided for in § 163-10 shall apply to damage to private property as a result of the applicant's excavation.
D. 
Restoration completion. The applicant shall indicate on the application filed in accordance with § 163-5 the date when final restoration will be completed for the approval of the Township Engineer. If the applicant fails to complete restoration by the date approved by the Township Engineer, the applicant may either be required to file a new application, paying all fees, or the applicant's bondsman may be required to complete restoration work. Final restoration shall be completed within 30 days from the date of opening when hot-mix bituminous concrete is available.

§ 163-17 Specifications for unopened and paper streets.

See Chapter 203, Land Use and Development, for procedural standards and specifications.

§ 163-18 Violations and penalties.

Any person violating any of the provisions of this article, except as provided in § 163-10 herein, upon conviction in the Municipal Court of the Township of Hamilton, shall be punished for such offense by a fine not to exceed $500 or by imprisonment for a term not exceeding 90 days in the county jail or in any place provided by the Township for the detention of prisoners, or both. The Municipal Judge before whom any person is convicted of violation of this article shall have power to impose any fine or term of imprisonment, or both, not exceeding the maximum fixed in this article.
[Adopted 9-16-1985 by Ord. No. 904-85]

§ 163-19 Permit required.

[Amended 3-7-1988 by Ord. No. 966-88]
No sand, gravel, clay or ilmenite may be extracted, dug or mined for commercial purposes in the Township of Hamilton without first obtaining a permit therefor from the Township Committee in the manner hereinafter set forth. For the purposes of this article, "commercial purposes" refers to the sale or commercial use of the sand or other product which is excavated, as distinguished from personal use of the product by the owner of the ground at the place where the same is excavated.

§ 163-20 Permit applications.

[Amended 3-7-1988 by Ord. No. 966-88; 3-18-2002 by Ord. No. 1424-2002]
A. 
Applications for initial permits for excavation, digging or mining of sand, gravel, clay or ilmenite in the Township of Hamilton shall be submitted to the Secretary of the Planning Board. The Planning Board, in consultation with the Hamilton Township Environmental Commission, shall review each application, together with the accompanying documents enumerated below, and recommend either approval or rejection of said application prior to consideration by the Township Committee. In the Pinelands area, the submission, notice and review procedures set forth in Article I of the Developmental Ordinance of Hamilton Township[1] shall apply to applications filed under this article. The Township Committee may, in its sole discretion, accept or reject the aforesaid recommendations. The application shall be accompanied by:
(1) 
An initial fee of $500 for the purpose of paying the costs of processing the site plan application.
(2) 
A site plan prepared by a licensed engineer, which shall conform to the terms and conditions of § 163-21.
(3) 
A regrading-restoration plan, prepared by a licensed engineer, which shall include:
(a) 
Method of stockpiling topsoil and overburden.
(b) 
Proposed grading and final elevation.
(c) 
Topsoil material application and preparation.
(d) 
Type, quality and age of vegetation to be used.
(e) 
Fertilizer application, including method and rates.
(f) 
Planting method and schedules.
(g) 
Maintenance requirements schedule.
(4) 
The applicant's name and address and his/her interest in the subject property.
(5) 
The owner's name and address if different from the applicant's and the owner's signed consent to the filing of the application.
(6) 
The legal description, including block and lot designation and street address, if any, of the subject property.
(7) 
A description of all existing uses of the subject property.
(8) 
A brief written statement generally describing the proposed development.
(9) 
A United States Geological Survey Quadrangle Map or copy thereof and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands management area designation and the municipal zoning designation are shown.
(10) 
A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provisions of this article or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant.
(11) 
A certificate of filing from the Pinelands Commission.
[1]
Editor's Note: See Ch. 203, Land Use and Development, of the Land Use volume.
B. 
Applications for permit renewals.
(1) 
An application for a renewal permit for the activity set forth in § 163-20A above shall be initially submitted to the Township Clerk. At the same time, the applicant shall post with the Township Clerk an initial fee of $1,500 for the purpose of covering professional fees and administrative costs incurred by the Township in processing the renewal permit application. The applicant may be called upon to post such further fees as may be necessary to complete the processing of the renewal application. This shall be in addition to the permit fee provided for in § 163-29B hereof. Each such application for renewal shall contain the following information:
[Amended 5-6-2002 by Ord. No. 1426-2002]
(a) 
That requested in § 163-20A, (2), (7), (10) and (11) and § 163-21D below.
(b) 
Proof of a Cape-Atlantic Soil Conservation District approval.
(c) 
A current State of New Jersey mining permit.
(d) 
Any other approvals required by any federal, state or local agency.
(2) 
The City Clerk shall forthwith transmit said application to the Township Engineer for review. The Township Engineer shall determine, first, whether the applicant has submitted the requisite minimal information contained in the renewal application. The Township Engineer shall then determine what other information, if any, shall be required to process the renewal application. The applicant shall promptly supply such further requested information to the Township Engineer for review. Upon the completion of his review the Township Engineer shall determine if the applicant has satisfactorily supplied the further information requested or, if not, shall forthwith advise the applicant regarding such information that has either not been supplied or is deficient. The applicant shall then have 15 days from receipt of the Engineer's response to supply the requested information. At such time as the Engineer determines that the applicant has satisfactorily complied, he shall give notice of same, in writing, to the Township Clerk who shall forthwith issue the renewal permit.

§ 163-21 Site plan.

The site plan shall be prepared by a licensed engineer and shall include:
A. 
A topographic map at a scale at a minimum of one inch equals 200 feet, based on a current survey and which shall show:
[Amended 3-7-1988 by Ord. No. 966-88]
(1) 
A key map.
(2) 
Elevation contours at two-foot intervals, with elevations based on the United States Coast Geodetic Survey Date.
(3) 
The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way and intersections with the nearest public highway.
(4) 
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, tree lines, wood areas and wildlife habitats.
(5) 
Names and all addresses of all site property owners and all owners of property abutting the site or, if the site property is owned by a corporation, the names and addresses of all stockholders holding 10% or more of the outstanding stock of said corporation.
(6) 
The location, size and intended use of all buildings on the existing site as well as all buildings within 200 feet of the existing site.
(7) 
A determination of the amount of topsoil required to cover the reclaimed area to a depth of four inches.
(8) 
A soils map.
B. 
A log of soil samples to the depth of at least two feet below the seasonal low water level shall be submitted with the application. The sample shall be taken under the direct supervision of the licensed engineer preparing the site plan. At least one sample per acre shall be taken, and samples obtained with a backhoe shall be deemed acceptable. All test holes shall then be filled immediately after the test is made.
C. 
The applicant shall submit with the application a soil erosion and sediment control plan, showing sediment and erosion control measures to be used during and after material removal. In construing and enforcing this section, the issuing authority shall use the Study Standards For Soil Erosion and Sediment Control in New Jersey, published by the New Jersey State Soil Conservation Committee, as a guide.
D. 
A performance guaranty, together with all required engineering inspection fees, shall be posted with the Township prior to approval of the site plan. Said performance guaranty shall be kept in force for the term of the permit and may be a bond or cash payment in an amount sufficient, in the opinion of the Township Committee, to assure the rehabilitation of the site of operations, after having considered the area and depth of the excavation or proposed excavation along with any facts relevant to the cost of rehabilitating the site. Such bond shall be issued by a recognized surety company authorized to do business in the State of New Jersey, which bond shall be approved by the Township Committee after such bond is reviewed by the Township Attorney as to form and adequacy in execution. Said performance and guaranty shall be released only after the land has been restored pursuant to §§ 163-26 and 163-27, and provided that the performance bond is replaced with a maintenance guaranty for period of two years thereafter. No performance guaranty shall be released absent written certification by the permit holder that the permit holder has completed all excavation, digging and/or mining at the operation site. Submission of such certification to the Township by the permit holder shall constitute an abandonment of the permit by the permit holder, and no further excavating, digging or mining shall be permitted on the operational site absent resubmission of the site plan application in accordance with the terms and conditions of this article.
[Amended 3-7-1988 by Ord. No. 966-88]

§ 163-22 General standards.

A. 
All topsoil shall be stripped from the operational area, and the amount of topsoil submitted in accordance with § 163-21A(7) shall be stockpiled at the site, but not within 200 feet of any property line unless the area proposed for storage is unforested and will be restored; the topsoil will be protected from wind and water erosion.
[Amended 3-7-1988 by Ord. No. 966-88]
B. 
Access roads must be a minimum of 30 feet and a maximum of 50 feet in width. The last 100 feet of the access road in its approach to the public highway shall be gravel or porous paving to aid in prevention of tracking of material onto the public highway. The angle of the intersection with the public road must conform to the same regulations set forth in Chapter 203, Land Use and Development, concerning intersection of roads. In no case shall any access road into the site intersect with a public highway less than 500 feet from the intersection of said public highway with any other public highway.
[Amended 3-7-1988 by Ord. No. 966-88]
C. 
Stop signs shall be provided by the permit holder and installed on any access road into the site at its intersection with the public highway, and a permit holder shall be required to comply with any state or local regulation pertaining to the placing of stop signs. "Truck Entering" signs shall be installed by the permit holder on the public highway at least 200 feet in each direction from the access road into the site.
D. 
A gate shall be provided across the access road at the intersection with the public highway. The gate shall be closed and locked at all times that the site is not in active operation.
E. 
All loaded trucks must be covered with a suitable cover that complies with all state regulations. All materials deposited on the public highway by spillage or by trucking from the wheels must be removed by the permit holder before nightfall on the day of said deposit at the sole cost and expense of the permit holder. This regulation shall apply to that portion of the public highway within 200 feet of the intersection with the site access road.
F. 
No natural vegetation at the site shall be disturbed except at the exact location of where the excavation, digging or mining is being conducted. All natural vegetation shall be left and maintained on the undisturbed land and protected for landscape enhancement, screening and noise-reduction purposes.
G. 
No excavation, digging or mining other than that necessary for construction approved by the Township Construction Official shall be conducted within 200 feet of an existing public highway. No excavation, digging or mining, equipment storage, stockpiling of debris or disturbance of the natural vegetation shall be conducted within 200 feet of the boundary line of any abutting property, within 500 feet of any school, church, shopping center, campground, other public building or any major subdivision of 10 or more lots.
[Amended 3-7-1988 by Ord. No. 966-88]
H. 
During operation, when any portion of the excavation, digging or mining shall have depth of an excess of 10 feet and create a slope of more than 30º, there shall be erected a chain link fence or comparable barrier at least six feet high with suitable gates, where necessary, effectively blocking access to the area in which the excavation is located. All gates shall be locked when excavation, digging or mining is not in progress, and such fence or comparable barrier shall be located 50 feet or more from the edge of the excavation.
I. 
The slope of the material in any excavation shall not exceed the normal angle of slope or 45º, whichever is greater.
J. 
No graded or backfilled area shall be permitted to collect stagnant water.
K. 
No excavation, digging or mining shall be allowed within 300 feet of a natural stream or any other wetlands unless the standards of Appendix 24, Wetlands Development, of the Developmental Ordinance of Hamilton Township[1] are met. No stream or surface water naturally flowing across the site shall be disturbed or diverted.
[Amended 3-7-1988 by Ord. No. 966-88]
[1]
Editor's Note: See Ch. 203, Land Use and Development, of the Land Use volume.
L. 
No permit holder may excavate, dig or mine in an area in excess of 10 acres at any one time. No permit holder shall be permitted to extend his operation into a new ten-acre area absent certification from the Township Engineer that at least 1/2 of the previous area of the operation has been rough-graded to the grade shown in the plans submitted in accordance with the restoration standards portion of this article.
M. 
In no event shall the lot area of the property on which the uses permitted by the terms and conditions of this article be less than 20 acres.
[Amended 3-7-1988 by Ord. No. 966-88]
N. 
No permitted operation shall utilize blasting or explosives.
O. 
All processes and equipment used in the permitted operation shall be construed and operated in a manner as to reduce noise, dust and vibration to an amount not detrimental to the normal use of an adjoining property, and each use shall utilize such dust collection or other devices as are necessary to ensure that the use will not constitute an objectionable condition.
P. 
Surface runoff is to be maintained on the parcel in a manner that will provide for on-site recharge to groundwater.
[Added 3-7-1988 by Ord. No. 966-88]
Q. 
Excavation must not exceed 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas.
[Added 3-7-1988 by Ord. No. 966-88]
R. 
The resource extraction operation will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as anticipated length of time that each ten-acre unit of the parcel proposed for excavation will be worked.
[Added 3-7-1988 by Ord. No. 966-88]
S. 
Restoration of disturbed areas at the completion of the resource extraction operation will be carried out in accordance with §§ 163-26 and 163-27, and the implementation of the restoration plan will be secured in accordance with § 163-21D.
[Added 3-7-1988 by Ord. No. 966-88]
T. 
No permit holder may clear adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations.
[Added 3-7-1988 by Ord. No. 966-88]
U. 
No resource extraction operation shall result in a substantial adverse impact on the significant forest resources of Hamilton Township shown on the Special Areas Map, Figure 7.1, of the Pinelands Comprehensive Management Plan.
[Added 3-7-1988 by Ord. No. 966-88]

§ 163-22.1 Hours of operation.

[Added 5-17-1999 by Ord. No. 1333-99]
Unless otherwise more strictly regulated by state or federal law, the following regulations shall apply to all resource extraction operations:
A. 
Resource extraction operations and related activities shall be conducted as follows:
Gross Hours Operation
Starting Time
Loading Time
Closing Time
Monday to Friday
11
6:00 a.m.
7:00 a.m.
5:00 p.m.
Saturday
10
7:00 a.m.
8:00 a.m.
5:00 p.m.
B. 
There shall be no loading or trucking of any material to or from the resource extraction operation prior to the load time or subsequent to 4:30 p.m. on any day when resource extraction operation is permitted.
C. 
Emergency equipment maintenance or emergency repair may be done at any time but shall not include the starting or idling of engines before starting or after closing time on days operation is permitted.
D. 
Resource extraction operations or related activities shall not be conducted on Sundays except for emergency equipment maintenance or emergency repair, but which shall not include starting or idling of engines.
E. 
No equipment, trucks or other mechanical devices, other than on-site equipment used for the pumping and/or de-watering of the property, shall be started or have, any engines idling before 7:00 a.m. during the week or 8:00 a.m. on Saturday. The pumps used for de-watering shall be permitted to be operated at any time, so long as the noise levels produced by them do not exceed 50 dBA, as measured at the property line of the adjoining owner.
[Amended 10-18-1999 by Ord. No. 1349-99; 9-18-2000 by Ord. No. 1378-2000]

§ 163-23 Standards for dry areas.

A. 
The provisions of this section shall apply to those excavations, diggings or mining where no water can accumulate in the reclaimed area.
B. 
Dry pit excavation, digging and mining operations shall be conducted so as to result in a dry pit condition when restored and reclaimed. During the entire operation of the dry pit, no freestanding water shall be permitted to accumulate. Dry pits shall be excavated, dug or mined so that a minimum of two feet of soil is retained over a seasonal high water table.

§ 163-24 Standards for wet areas.

A. 
The provisions of this section shall apply to those excavations, diggings or minings where the accumulation of water in a reclaimed area is contemplated.
B. 
Wet pits shall be excavated, dug or mined so as to result in a wet pit condition when restored and reclaimed. These pits shall be excavated to a depth of at least five feet below the seasonal low water table, with sides both above and below water having a slope of not greater than 5 to 1.
[Amended 3-7-1988 by Ord. No. 966-88]

§ 163-25 Inspection of site.

Members of the Township Committee or their agents shall be free to inspect the site at any reasonable time. The officers responsible for the enforcement of this article shall be the Township Engineer and the Township Construction Official.

§ 163-26 Restoration standards.

A. 
Restoration of the operation site shall be conducted in accordance with the restoration plans submitted with the site plan at the time of the original application.
B. 
A plan showing a final regrading of the site of the proposed operation shall be submitted with the site plan prior to the approval of the permit. Upon completion of the excavation, digging or mining, the site shall be made usable for the use permitted by Chapter 203, Land Use and Development, in that area of the municipality. A final grading and planting plan shall also be prepared by a licensed engineer and submitted with the gravel pit application.
C. 
The plan shall show the side slopes of all cuts and fills. All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical; the slope of surface or restored surfaces shall not exceed one foot vertical to three feet horizontal except for bodies of water, which shall have a slope not exceeding one foot vertical to five feet horizontal.
[Amended 3-7-1988 by Ord. No. 966-88]
D. 
The final regrading plan shall show the depth to seasonal high water at representative points throughout the pit area.
E. 
All debris, stumps and like items shall be covered with a minimum of two feet of soil.
F. 
Topsoil which has been stockpiled in accordance with § 163-21A(7) shall be returned to the excavated area and spread to uniform depth throughout to provide a suitable base for the establishment of vegetation.
[Amended 3-7-1988 by Ord. No. 966-88]
G. 
Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated.
[Amended 3-7-1988 by Ord. No. 966-88]
H. 
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in § 163-22.
[Added 3-7-1988 by Ord. No. 966-88]
I. 
All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed.
[Added 3-7-1988 by Ord. No. 966-88]
J. 
Restoration shall be a continuous process, and each portion of the parcel shall be restored such that ground cover is established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined.
[Added 3-7-1988 by Ord. No. 966-88]
K. 
Reclamation shall, to the maximum extent practical, result in the reestablishment of the vegetation association which existed prior to the excavation activity and shall include:
[Added 3-7-1988 by Ord. No. 966-88]
(1) 
The planting of a minimum of 1,000 one-year-old pitch pine seedlings or other native Pinelands tree species per acre.
(2) 
Stabilization of exposed areas by establishing ground cover vegetation.
(3) 
Cluster planting, in lieu of Subsection K(1) above, of characteristic Pinelands oak species, such as blackjack, oak, bear oak, chestnut oak and black oak, and shrubs such as huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species.

§ 163-27 Reclamation.

[Amended 3-7-1988 by Ord. No. 966-88]
A. 
In accordance with the restoration requirements of § 163-26, appropriate vegetation shall be planted upon the cessation of excavating, digging or mining, and a planting report shall be filed with the Planning Board Secretary when the planting of the permit area is completed.
B. 
No earlier than 30 days and no later than 90 days after planting has been made, the permit holder shall request an inspection of the site by the Township Engineer. Thereafter, the Township Engineer shall inspect and evaluate the vegetative out cover and determine whether said cover is in compliance with the approved planting plan. Upon certification by the Township Engineer that the restoration requirements of § 163-26 have been met, the Township Committee shall release the performance bond to the permit holder, provided that the performance bond is replaced with a maintenance guaranty for a period of two years thereafter. In the event that there is a breach of conditions of approval, the Mayor and Township Committee may, after five days' written notice to the permit holder or his representatives, take possession of the site and proceed with the rehabilitation of the premises in accordance with the plans submitted for restoration and reclamation in accordance with this section and § 163-26 above.

§ 163-28 Insurance.

Every operator or owner shall deliver a public liability insurance policy evidencing liability insurance coverage in an amount of not less than $2,000,000 for personal injury, including death (for each person or each occurrence), and $2,000,000 for property damage prior to the approval of any application permit by the Township Committee.

§ 163-29 Exemptions; renewal fees.

A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, concerning sites legally in operation as of September 16, 1985, as amended 7-3-1988 by Ord. No. 966-88, was repealed 9-20-1999 by Ord. No. 1348-99
B. 
All permits, including those covering sites and operation prior to September 16, 1985, shall be subject to an annual renewal fee of $50. Said fee shall be due and owing on the anniversary date of the issuance of the permit or site plan approval as the case may be.
C. 
No renewal permits shall be granted unless the application provisions and operational and restoration standards of this article are met.
[Added 3-7-1988 by Ord. No. 966-88]
D. 
Township approval of renewals in the Pinelands Area shall be subject to the submission, notice and review procedures set out in Article I of the Developmental Ordinance of Hamilton Township.[2]
[Added 3-7-1988 by Ord. No. 966-88]
[2]
Editor's Note: See Ch. 203, Land Use and Development of the Land Use volume.

§ 163-30 Additional permit requirements.

[Amended 3-7-1988 by Ord. No. 966-88]
No permit shall be issued by the Township of Hamilton hereunder unless and until the applicant obtains all necessary local, county, state or federal approvals and permits, including certification from the Cape-Atlantic Soil Conservation District and a certificate of filing from the New Jersey Pinelands Commission.

§ 163-31 Violations and penalties. Amended 9-20-1999 by Ord. No. 1348-99]

Any person, firm or corporation violating the provisions of this article shall be subject to a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding six months, at the discretion of the Municipal Court Judge before whom convictions shall be had. Each and every violation of this article or each day that the provisions of this article have been violated shall be construed as a separate and distinct violation thereof and shall be punishable as aforesaid.

§ 163-32 Repeal of inconsistent ordinances.

All ordinances or parts of ordinances inconsistent with the provisions of this article are hereby repealed, including by description but not limitation, Ordinance No. 187, as amended by Ordinance No. 199.