The power to regulate soil removal is included in the general police powers granted by R.S. 40:48-1, 2.
Definition. As used in this section "street' shall mean any road, highway, public way, public alley, easement or other right of way accepted or maintained by the city as a public street, as well as any state or county road or highway over which the city has acquired jurisdiction by agreement.
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the city council.
A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for a permit is made simultaneously with the commencement of the work or as soon thereafter as is practical. When issued, the permit shall be retroactive to the date on which the work has begun.
The city clerk shall issue permits to other public bodies without fee.
Denial of Permit; Appeal. The city council is authorized to refuse the issuance of any permit if it ascertains after consultation with the city engineer or otherwise that such refusal is in the interest of public safety, public convenience or public health. If a permit is refused an appeal may be taken to the city council. The city council, after hearing the applicant and such other evidence as may be produced, may either direct the issuance of the permit or sustain the refusal.
Application for Permit. An application for a permit shall contain the following information:
Name and address of the applicant.
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
The city tax map block and lot number of the property for the benefit of which the opening is to be made.
Nature of the surface in which the opening is to be made.
Character and purpose of the work proposed.
Time when the work is to be commenced and completed.
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings.
The name and address of the workman or contractor who is to perform the work.
A statement that the applicant agrees to replace at his own cost and expense, the street, curb, gutter and sidewalk in the same state and condition in all things as they were at the time of the commencement of the work within 48 hours of the commencement of same.
Contents of Permit; Filing. Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the dimensions of the opening and the period during which the permit shall be valid. The original of each permit shall remain on file with the clerk.
Fee. A permit shall be paid when the application is made. The applicant shall be charged a fee of $25 for each permit.
Bond. No permit shall be issued until the applicant has filed a bond in an amount determined to be sufficient by the city engineer. The bond may be waived in the case of a public utility upon the presentation of satisfactory proof that the utility is capable of meeting any claims against it up to the amount of the bond which would otherwise be required. The bond shall be executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety and shall be conditioned as follows:
To indemnify the city and hold it harmless from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.
To indemnify the city for any expense incurred in enforcing any of the provisions of this section.
To indemnify any person who sustains personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors done in the course of any work under the permit.
One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the city.
Deposit. The applicant shall also be required to deposit, in cash or by certified check, a sum determined by the city engineer to be necessary to defray the expense of restoring the street to its pre-existing condition should the permittee fail to do so.
Insurance. No permit shall be issued until the applicant has furnished the city with satisfactory proof that he is insured against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be $100,000 for injury to any one person, $300,000 for property damage for a single incident. The city may waive the requirements of this subsection in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.
Rules and Regulations: Backfilling. All permits issued under this section shall be subject to the following rules and regulations:
All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the city council. The city council shall be informed of all street closings at least 24 hours in advance, except where the work is of an emergency nature when notice shall be given when work commences.
All refuse and material shall be removed within 48 hours.
All excavations shall be completely backfilled by the permittee, and shall be compacted by tamping or other suitable means in a manner prescribed by the city engineer. Where the engineer determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with sand, soft coal, cinders or other suitable material which shall be placed in layers not exceeding six inches in depth and thoroughly compacted with a mechanical vibrator or in the manner prescribed by the engineer. The permittee shall replace all shoulder stone to a depth of six inches and thoroughly compact it with a mechanical compaction device. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If it is determined that any backfilled excavation has settled or caved in, the engineer shall so notify the permittee, who shall promptly continue backfilling until settlement is complete.
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one part cement to 10 parts sand.
If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable state laws and regulations.
If the work is not completed within the time specified in the permit or any extension granted by the city, or is not performed in accordance with the regulations set forth in this subsection and any other regulations that may be established by the city council, then the city may complete the work itself and restore the surface of the street. The cost of completing the work and restoring the street shall be charged to the permittee and may be deducted from his deposit or recovered by an action in any court of competent jurisdiction.
Rules and Regulations for Restoration of Surface. In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:
No permittee shall commence the restoration of any street foundation or surface until the city engineer has determined that settlement of the subsurface is complete and the area properly prepared for restoration.
The street surface shall be restored so as to extend six inches beyond the excavation on all sides.
The street surface shall be restored pursuant to standards designated by the city engineer.
Permit Conditions and Regulations.
Transferability. A permit shall apply only to the person to whom it is issued and shall not be transferable.
Commencement of Work. Work under a permit shall commence within 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate unless extended in writing by the City Council.
Possession of Permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the City Engineer, shall be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the City or police officer.
Revocation of Permit. The City Council may revoke a permit for any of the following reasons.
Violation of any provision of this section or any other applicable rules, regulations, law or ordinance.
Violation of any condition of the permit issued.
Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of this revision to constitute a nuisance.
The procedure for revoking a permit shall be the same as that set forth in this revision for the revocation of licenses, except that the initial hearing shall be before the City Councilman in charge of the Road Department with a right of appeal to the City Council; and the Chairman may provide in his decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
Modification of Permit Conditions. In a special case the City Council may, by resolution, impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this section shall not apply or shall be altered.
Power To Make Additional Rules and Regulations. The Road Committee in conjunction with the City Engineer may make any rules and regulations considered necessary for the administration and enforcement of this section, but no regulation shall be inconsistent with, alter or amend any provision of this section, or impose any requirement which is in addition to those expressly or by implication imposed by this section. No regulations shall be effective unless they are approved by resolution of the City Council. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
[Amended 5-7-2005 by Ord. No. 05-03]
No person shall construct a new structure or dwelling on a lot fronting on public rights-of-way, unless said public right-of-way complies with Subsection 8.2-2 below.
No person shall construct, reconstruct, pave, repave, repair or improve any portion of a dedicated public right-of-way unless an application is first submitted in duplicate to the City Council and subsequently approved by City Council.
For purposes of this section, the terms "public right-of-way" and "street" may be interchangeable.
Rules and Regulations.
[Amended 5-7-2005 by Ord. No. 05-03]
A permit shall not be issued by the City Council until such person has submitted to the City Council a plan drawn by a licensed professional engineer showing existing grades or contours and proposed grades of streets, proposed typical cross section of street, right-of-way widths and construction widths, drainage scheme and description of all materials to be used in the construction and the proposed method of construction of the street or public right-of-way.
No permit shall be issued by the City Council until the City has received: a filing fee of $100; a satisfactory performance bond in an amount equal to 120% of the Engineer's estimate of costs; and an inspection fee equal to 5% of the Engineer's estimate of costs to be billed against by municipal professionals for the review of design and inspections of improvements related to the project. The inspection fee escrow is subject to replenishment by the permit holder as necessary to satisfy continuing costs of review and inspection related to the project.
[Amended 5-4-2005 by Ord. No. 01-2005]
The City Engineer reserves the right to set time limits for the proposed construction, reconstruction, paving, repaving, repair or improvement of any street or public right-of-way within the City limits.
The clearing and grading of the proposed street or public right-of-way shall be done to the minimum width required to provide for the required paved width plus a minimum six-foot-wide shoulder on both sides of the road and subject to review by the City Engineer.
The gravel base for all streets or public rights-of-way shall be a minimum of the paved width plus two feet on both sides.
All grading and stormwater management plans are subject to the approval of the City Engineer, which will be reviewed by the City Engineer on a case-by-case basis, and also subject to review and approval by the Cape-Atlantic Soil Conservation District, CAFRA and Pinelands, if applicable.
All new streets constructed in existing rights-of-way are to be constructed of the following materials:
All road plans and profiles are to be submitted to NJDOT for road striping designation by the NJDOT. As a minimum, the road edge is to be delineated with a four-inch-wide white stripe and the road center line to be striped with a dashed yellow line meeting NJDOT standards. However, the yellow dashed line is to be replaced by solid yellow lines as dictated by NJDOT.
The proposed paved surface is to be a minimum of 24 feet in width.
For purposes of this section, a "section" of street or public right-of-way shall be the section of street or public right-of-way from a point of one intersecting street or public right-of-way (intersection) to the next intersecting street or public right-of-way (intersection).
Once a street or public right-of-way intersects with another street or public right-of-way, at that point the street or public right-of-way shall be deemed a new section and shall comply fully with Subsection 8-2.2a through i.
New structures or dwellings to be constructed on a partially improved section of street or public right-of-way shall comply with the following:
The above section of street or public right-of-way shall be improved from the end of the existing improvement to the opposite end of the lot on which the new structure or dwelling is to be constructed, with the result that the entire frontage of the lot in question will front on an improved roadway as required in Subsection 10-7.2 of this Code.
The road material used for improvements under Subsection 8-2.2j2(a)(1) shall be of equal material or better of the existing street or public right-of-way. In no case shall a new structure or dwelling be constructed on a lot fronting on a dirt or gravel street or public right-of-way.
Existing structures on existing streets or public rights-of-way shall be permitted to the following without any further street or public right-of-way improvements, as long as the existing structure was constructed in compliance with all other City codes and other applicable federal, state, county or other Administrative laws or regulations at the time the structure was constructed, unless the following constitutes a "change of use" as set forth in N.J.S.A. 5:23-1 et seq., known as the New Jersey Uniform Construction Code:
Inspection. Inspection fees shall be based on 5% of the Engineer's estimate, and the estimate shall be based on the market value of the construction at the time the estimate is made.
Definitions. In addition to the definitions contained in Chapter X, Section 10-3, of this Code, the following shall apply:
- COMMERCIAL PURPOSE
- 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.
- Includes digging or mining and applies to all topsoil, sand, gravel, solid or mineral products of the soil.
- RESOURCE EXTRACTION
- The dredging, digging, extraction, mining and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.
- ROAD or HIGHWAY
- Refers to all state, county, city or local roads, but has no reference to private roads or private rights-of-way.
In their interpretation and application, the provisions of this section shall be held to be for the promotion of the public health, morals and general welfare, for the elimination of dust and noise, for the elimination of danger from deep pits in the close proximity to highways, for the conservation of the soil and for the betterment of the community.
The provisions and requirements of this section shall be held paramount to any corresponding or similar provision of any existing law, ordinance, rule or regulation.
Permit Required; Limitations on Number of Permits. No excavating, dredging, digging or mining of topsoil, sand or gravel may be done for commercial purposes in the city without first obtaining a permit therefor from the City Council in the manner as hereinafter set forth. No more than two permits for private mining operations shall be issued hereunder in the City of Estell Manor. Except as otherwise authorized in this chapter or in Chapter X of these ordinances, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited in the Pinelands Area.
Application Details. Applications for permits for excavating, dredging, digging or mining of topsoil, sand or gravel in the city shall be made to the City Clerk, and no permit shall be issued by the City Council unless the following have been complied with:
A deposit of $250 shall accompany the application for the purpose of paying the costs of engineering fees necessary in making an investigation of the license application, and the applicant shall generally be responsible for payment of all engineering fees and costs incurred in connection with any application or permit hereunder.
Attached to the application shall be a survey or blueprint drawn by a licensed engineer, which shall show the area proposed to be excavated, dug or mined. The survey shall indicate the distance to the closest highway, road or property line. In addition, the application shall include all information required by Section 10-9.15a of Chapter X of these ordinances.
No permit shall be issued by the City Council if the survey indicates that the proposed excavating, digging or mining shall be within 200 feet of a public road or any road shown on the Tax Map, 50 feet from any property line or within 200 feet of any church, schoolhouse or public building, or any residential or commercial building which is not related to the operation. In the Pinelands Area, the applicant shall adhere to the requirements of Subsection 8-3.8.
The City Council shall grant the permit subject to the applicant's filing with the City Clerk a bond executed by the applicant and owners of the lands as principals and a satisfactory surety company specifically conditioned that the applicant will reclaim the area excavated in accordance with requirements of this section and without cost to the city.
No permit shall be issued hereunder by the City Council without prior certification by the Cape-Atlantic Soil Conservation District of a plan for soil erosion and sediment control pursuant to N.J.R.S. 4:24-43, and in the Pinelands Area, a certificate of filing from the Pinelands Commission pursuant to Section 10-11.9 of these ordinances.
Within the Pinelands Area, no permit shall authorize excavation for a period exceeding two years following the issuance of a permit.
License Fee. The annual license fee for excavating, digging or mining of topsoil, sand or gravel in the city for commercial purposes shall be $300, which fee shall be due on June 1 of each year.
Where, by reason of exceptional conditions, the strict applications of any regulation enacted under this section would result in difficulties and undue hardship upon the owner, the owner may appeal to the City Council, relating to the property, for a variance so as to relieve such difficulties and hardships.
No relief may be granted or action taken under terms of this section unless the relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of this section.
In the event that such relief may be granted by the City Council as aforesaid, the person to whom or to which the relief may be granted shall not excavate, dig or mine so that the slope shall be in excess of one-foot vertical excavation for every two feet horizontal, and further provided that the person shall keep and maintain the excavated, dug or mined area free of water deposits.
Pinelands Area Permits; Effective Date of Approval.
Notice of all applications for permits for resources extraction operations, all meetings or hearings regarding such applications and all approvals and denials of such applications shall be provided to the Pinelands Commission in accordance with Subsection 10-11.9d of these ordinances.
Any soil removal permit issued in the Pinelands Area which is subject to Pinelands Commission notification shall take effect 15 days after receipt of such notification by the Pinelands Commission or when the provisions of the New Jersey Administrative Code have been met, whichever is later. If the Commission disapproves of the final plan, the same shall be deemed to be rejected within 30 days of the Commission's action. If the Commission fails to approve said final plan because of the failure of the applicant to provide information deemed sufficient to it, the applicant shall, within 10 days after a request is made of it by the Commission, provide said information to the Commission, during which period the above time limitation is suspended. If the Pinelands Commission approves the proposed development subject to conditions, the City Council may within 30 days modify its final approval to include some or all of said conditions. If the City Council does not accept all of the conditions so imposed, the application shall be considered to have been rejected.
Editor's Note: Former Subsection 8-3.7, Conformance With Provisions of This Section, was renumbered as Subsection 8-3.9 pursuant to Ord. 82-12.
Pinelands Area Standards. The following standards shall be applicable to all operations hereunder located within the Pinelands Area:
The operation shall comply with the requirements of Chapter X of this Code.
The operation shall be designed so that no area of excavation, sedimentation pond, storage area equipment or machinery or other structure or facility is closer than:
The operation shall be located on a parcel of land at least 20 acres in size.
The plan shall provide that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion.
The property shall be fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads.
Ingress and egress to the resource extraction area from public roads shall be by way of gravel or porous paved roadways.
The plan shall be so designed that the surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater.
Excavation shall not be allowed below the seasonal high water table, as determined by the Municipal Engineer, unless the excavation will serve as a recreational resource in connection with major subdivision approval or a water reservoir for public or agricultural use, provided that in no case shall excavation have a depth exceeding 15 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 15 feet will result in no significant adverse impact relative to the proposed final use or on or off-site areas.
The operation shall be carried out in accordance with an extraction schedule which depicts the anticipated sequence as well as anticipated length of time that each portion of the parcel proposed for extraction will be worked.
The operation shall not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time.
The plan will provide for restoration of disturbed areas at the completion of the recourse extraction operation m accordance with the following requirements:
Restoration shall be a continuous process and each portion of the parcel shall be restored such that the ground cover be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined.
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Subsection i above.
All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical; grading techniques that help to control erosion and foster revegetation shall be utilized; and the slope of the surface of restored surfaces shall not exceed one-foot vertical to three feet horizontal except as provided in Subsection k hereof.
All topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless it is immediately reused for reclamation that is currently underway.
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.
Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one-foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted.
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.
Reclamation shall to the maximum extent practical result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:
Stabilization of exposed areas by establishing ground cover vegetation; and
Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:
The planting of a minimum of 1,000 one-year-old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;
Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;
A combination of the planting techniques set forth in Subsections b(1) and (2) above; or
The use of other planting techniques or native Pinelands species as may be necessary to restore the vegetation association which existed prior to the extraction activity.
Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.
The letter of credit, surety bond or other guaranty of performance which secures restoration of each section shall be released after the City has determined that the requirements of Subsection k1 through 9 above are being met and the guarantee of performance is replaced with a maintenance guaranty for a period of two years.
The operation shall not result in a substantial adverse impact upon those significant resources depicted in the Special Areas Map appearing as Figure 7.1 in the Pinelands Comprehensive Management Plan.
Editor's Note: Former Subsection 8-3.8, Enforcement, was renumbered as Subsection 8-3.10 pursuant to Ord. 82-12.
Conformance With Provisions of this Section. As of January 14, 1981, all existing sand and gravel pits shall be operated as provided under this section and in the event there are any deviations now existing and not in accordance with this section, then such deviations shall not be enlarged upon.
Enforcement. This section shall be administered and enforced by the City Council or any other public official who shall be designated by the City Council, and who shall in no case grant any permit unless this section shall have been fully complied with.
[Added 12-2-2009 by Ord. No. 09-2009]
Purpose. It is the purpose of this section to ensure that public rights-of-way in the City of Estell Manor shall remain safe and unobstructed.
Prohibition Against Obstructions. No person shall park any vehicle or place or permit to be placed, or store or permit to be stored, or erect or permit to be erected, any signs, structures, fences or debris in the public right-of-way of any City street in the City of Estell Manor.
Removal of Obstructions. The Zoning Officer and/or the Code Enforcement Officer of the City of Estell Manor may remove from any City street, any obstruction which violates Subsection 8-4.2. The Zoning Officer or Code Enforcement Officer, in directing the removal of such obstructions, shall provide the property owner with 72 hours' notice to remove such obstructions and thereafter shall initiate removal of the obstructions if the owner fails to do so. Such obstructions shall be removed at the expense of the property owner.
Exceptions. The following shall be exceptions to the prohibition provided for above:
Police, fire and rescue vehicles.
Public utility and service vehicles.
Trash containers which are property placed in accordance with the appropriate ordinance of the City of Estell Manor.
Delivery vehicles which are parked in a public right-of-way to provide delivery or services to the residents of Estell Manor.
"For sale" real estate signs advertising the sale of the contiguous property, provided that such real estate signs shall not exceed 30 inches in height.
Enforcement and Violations. Any property owner who fails to remove any obstruction from a public right-of-way on a City street in Estell Manor after having received notice provided for above from the Zoning Officer or Code Enforcement Officer, shall be subject to be cited for a violation of this section, which summons and violations notice shall be presented to the Estell Manor Municipal Court. A penalty in the amount of $100 for a first offense and $250 for each subsequent offense is established. In addition to the penalties established herein, the property owner found guilty of a violation of this section shall be responsible to reimburse the City for all expenses incurred by the City in conducting the cleanup.