[HISTORY: Adopted by the Township Committee of the Township of Ocean 6-10-1971 (§§ 16-1 to 16-9 of the 1972 Ocean Codified Ordinances). Amendments noted where applicable.]
Construction regulations — See Ch. 135.
Flood damage prevention — See Ch. 180.
Land use procedures — See Ch. 209.
Soil erosion and sedimentation control — See Ch. 308.
Stormwater control — See Ch. 322.
Stormwater system — See Ch. 330.
Subdivision and site plan review — See Ch. 340.
Zoning — See Ch. 410.
Nothing in this chapter shall be construed to be in conflict with or supersede Chapter 410, Zoning, of the Code of the Township of Ocean. It is intended and specifically provided in this chapter that all applicants for any special use permit under Chapter 410, Zoning, of the Code of the Township of Ocean shall, after obtaining such special use permit thereafter comply with the provisions of this chapter. No application for license under this chapter shall be made until after the permit has been granted for the same premises under Chapter 410, Zoning, of the Code of the Township of Ocean.
No application shall be made for a license and no license shall be granted under this chapter for any business or site which would be in conflict or noncompliance with any provision of Chapter 410, Zoning, of the Code of the Township of Ocean.
No business of excavation, removal and sale or other disposition of soil, gravel, sand, stone and mineral deposits or combination of them shall be started or operated in the Township until an annual license is obtained. The applicant for license may make an application for renewal of annual license for the same site as long as the special use permit is in effect and licensee has complied with all provisions in this chapter and Chapter 410, Zoning, of the Code of the Township of Ocean.
Application for a license under this chapter shall be accompanied by the special use permit obtained for the same site under Chapter 410, Zoning, of the Code of the Township of Ocean or certified copy thereof, and the required license fee in cash. Application shall be made on forms furnished by the Township. The form shall be executed and filed by the applicant, together with the fee and a certified copy of the special use permit with the Township Clerk.
The first application for a gravel pit license shall be accompanied by a map of the premises to be licensed, showing the exterior of the premises, the Official Tax Map, lot and block number, the present existing contour lines and drainage plan showing where runoff will be discharged after excavation is completed. Grades and proposed grades of the area to be licensed, together with any additional areas that the applicant may desire to have included and the proposed eventual contour lines and grades resulting from the proposed removal of any natural mineral deposits and substances from the area, shall be shown on the Map and shall be subject to the approval of the Township Engineer. Where an area greater than the proposed licensed area is shown on the Map, the area to be licensed at the time of application shall be clearly defined; however, the Township Committee reserves the right to approve all or part of the area as determined by them at the time of the approval of the proposed contour lines and grades.
Upon application for renewal of an existing gravel pit license, the applicant shall submit a map showing the area of the premises to be licensed during the ensuing calendar year, the existing grades at the time of such renewal application, and other information to show that the conditions set forth by the license in the original and subsequent renewal applications have been adhered to. The map shall contain a certification by the applicant as to accuracy, that any excavation or removal of deposits or substances shall not cause the proposed contour lines or grades on the original map to be exceeded in depth, and that no terms and conditions of this chapter or Chapter 410, Zoning, of the Code of the Township of Ocean shall be violated; and shall be accompanied by an appropriate surety bond.
If the Township Committee rejects or refuses to grant an application for a license, it shall deduct from the fee up to the sum of $100 for any inspection expenses and services to which the Township has been put in having the map or plan, application and any other submitted data inspected and checked by its attorney, engineer and other officials. All such charges shall remain municipal funds for the use and benefit of the Township. If the Township Committee fails or refuses to grant an application for license, the applicant may within 30 days after a notice of such failure or refusal, make written application for an opportunity to be heard by the Committee. The hearing shall be public in nature and shall be held within 30 days after written application is made unless for good cause it shall be adjourned beyond that time. The Township Committee shall in consideration of and in reviewing the application and in arriving at its final decision be guided by and take into consideration the public health, safety and general welfare.
If after examining the application and the accompanying map and after the hearing, if any, the Township Committee decides that the proposed removal will not create conditions harmful to the public health, welfare and safety, written license for the remainder of the current year shall be granted under the terms and conditions of this chapter. The first year's license shall be prorated on the basis which the part of the calendar year remaining bears to the annual license fee hereinafter named, except that fee shall not be less than $100. Similar subsequent annual licenses may be granted to the same licensee for the same premises upon payment of the annual license fee until the mining operation on the premises has been completed or until the license has been suspended or revoked; provided, that the licensee complies with all the terms and conditions of the chapter and the directions of the Township Committee and Township Engineer as to the operation of the business and licensed premises in the meantime, as well as the terms of Chapter 410, Zoning, of the Code of the Township of Ocean and this chapter.
No person shall sell or offer to sell or barter any soil, topsoil, sand, gravel, stone or mineral deposits or any combination thereof which have been excavated or removed from lands within the Township without having first obtained a special use permit and a license under the terms of this chapter.
The annual fee for a license required by this chapter shall be $250. Each license shall expire at the end of the calendar year in which it becomes effective. Each renewal license shall be obtained sufficiently in advance of the expiration of the prior license so that no period of time shall exist between the expiration of one license and the acquisition of the renewal license. If any licensee fails or neglects to obtain such renewal license, he/she shall not engage in business in the interim.
Before a license is granted, the applicant shall file a bond in form and surety acceptable to the Township Committee, in such amount as in the opinion of the Committee is sufficient to insure the faithful performance of the work to be undertaken and done by the licensee pursuant to this chapter. If the Township Committee does not in any instance fix a definite amount for the bond or does not determine the type of bond, then the amount for the bond shall be an amount equal to $1,000 per acre for the licensed premises and the written bond shall have the licensee as principal and a surety company licensed to do business in New Jersey as surety.
The licensee shall make all reasonable efforts to level off and grade the bottom of the pit upon winch an mining operation ceases on or before December 1 of each year. Where practical, the bottom of the pit shall be so graded that water will run from the pit along natural watercourses. When each pit or parcel or land has been completely mined or when mining operations cease, even if December 1 has not yet arrived, the licensee shall level off and grade the bottom of the pit to an elevation previously agreed upon before the pit is left by the licensee. A pit shall be deemed to have been left by the licensee either when he/she ceases to do business at the site or does not renew his/her license hereunder.
Neither the owner of the premises nor the applicant for license or any other person shall remove from any premises, upon which application for license hereunder has been made or is intended to be made, the top layer of the arable soil for a depth of four inches; but such top layer shall be set aside on the premises and shall be spread over the premises to an approximate depth of four inches. When the rest of any natural mineral deposit has been removed, pursuant to levels and contour lines approved by the Township Committee, the newly spread topsoil shall be seeded with permanent rye grass or a cover crop. The mining operation shall be conducted in stages in such a manner as to completely grade, topsoil and seed two-acre sections before or simultaneously with the mining of the remaining licensed area. Seeding of the topsoil shall be done during the period from March first to November first and shall not be done in any case when the ground is frozen.
In any area, location or zone of Ocean Township where a landowner, tenant or other interested party desires to excavate 1,000 or less cubic yards of sand, gravel, soil, stone or mineral deposits, or any combination thereof, from a parcel of land or from two or more contiguous parcels, but where the primary purpose of such excavation is to grade the property and none of such material shall be sold or bartered, then no license shall be required; but if such material is removed from the property, a temporary permit shall be obtained before such removal or excavation. Each temporary permit shall expire on the last day of the calendar year of its issuance. It may be renewed only once. The minimum fee for such permit shall be $50. If the area of the parcel to be so graded is more than two acres in size, the fee shall be, in addition to the $50 minimum, the further sum of $25 per acre or fractional part thereof over the first acre. The applicant for such permit shall file a written application with the Township Clerk and accompany such application with:
Written consent of the landowner, if applicant is other than the landowner;
The necessary fee as required in this chapter;
A written statement of how much time will be required to complete the proposed grading of the land;
Contour or other map showing present grade and proposed grade of premises in question after the operation is completed, adjacent or the nearest properties within 300 feet of the premises in question, using numbers of lots and blocks as shown on the Official Tax Map for all land referred to thereon. On one or more of the maps, or in other written data accompanying the Map, the applicant shall show drainage problems that will be created as a result of the proposed removal and how such problems will be corrected by him/her;
A written statement setting forth what is upon the lands, such as buildings, trees, brush, materials or otherwise, and how the applicant proposes to dispose of such buildings and materials on the lands. No waste shall be buried upon the land for which a grading permit is granted;
A map or plan showing that the completed proposed excavated grade shall be above the grade of the adjacent or the nearest public highway, except for cellar excavation where a building is proposed to be constructed immediately thereafter;
Where the completed grade of premises in question will be below the grade of adjacent land owned by another, the bank of applicant's land shall be sloped so as not to endanger, erode or otherwise damage the property of any other person or create a safety hazard dangerous to any person on any of the lands.
No person shall remove any soil, land, gravel, stone or mineral deposits from any parcel of land where a permit is required under this chapter until a permit is acquired. No permit shall be granted if it is apparent to the Township Committee or the Township Engineer that the proposed removal would create a hazard to any public highway or the property of another, cause or is likely to cause a drainage problem on the lands or adjacent lands, a dust nuisance, a health or sanitary nuisance, or a place where stagnant water may accumulate.
No person shall fail to promptly remove the materials from the land for which a permit is granted or fail to establish the final grades of the premises in such form and manner as shown on the application.
Any person applying for a special permit and who sells or offers to sell or barter for the mineral deposits in the amount of 1,000 cubic yards or less shall not be required to obtain a special use permit.
This chapter shall not apply to the following:
Excavations for basements, foundations, footings or septic tanks where an existing valid building permit and plumbing permit has been issued to the person responsible for the excavation;
Where an owner, lessee or buyer under contract desires to bring down to street grade a plot of ground for which a valid building permit has been issued, provided that the plot of ground is not of an area greater than 10 times the habitable floor area of the proposed structure covered by the building permit in force;
Where an owner, lessee or buyer under contract desires to grade property without removal of any soil, sand, gravel, stone or mineral deposits from the property;
Immediate lands actually in use as and to the operation of any sanitary landfill in the Township.
No license shall be granted which shall permit a licensee to and no licensee shall:
Engage in the business referred to in § 312-3 unless the applicant for license is the owner of the lands from which the mineral deposits or substances are proposed to be removed or unless he/she has filed with the Township Clerk a written consent of the owner of the land to allow him/her to remove the substances. If the applicant is the owner of the land he/she shall state it in his/her application and if a consent is required it shall accompany the application to be filed;
Either begin or continue to operate the removal of any material deposits from any land until an annual license fee of $250 has been paid to the Township and a license has been issued and is in full force and effect;
Begin to operate and engage in business until the Township Engineer has caused the corners and exterior lines of the licensed premises to be staked and marked, or has approved same, so that the licensed area is clearly designated and in order that no public highway or private property of another is endangered by the proposed business. If the licensee desires the Township Engineer to stake and mark the area, he/she shall pay the Engineer for his/her services. If the licensee desires, he/she may have any licensed New Jersey land surveyor stake and mark the area; provided that if such procedure is followed, the Township Engineer shall check the field work and approve it to the Township Committee;
Prevent or attempt to prevent the Township Committee or any of its designated employees in viewing, checking and examining the licensed premises at any reasonable time;
Remove or permit to be removed or obliterated any stake or marking. If any stakes or markings are removed or destroyed, they shall be promptly replaced by licensee. The intent of this provision is that the stakes and markings shall be maintained at all times on the licensed premises by the licensee;
Permit any child upon the licensed premises or do anything to permit or cause the licensed premises to continue as an attractive nuisance to children. All licensees shall make every reasonable effort to prevent trespassers from entering upon, passing through or using the licensed premises;
Construe his/her license to cover any other area or parcel of land other than that described in his/her license.
Ingress and egress to the licensed premises shall be identified by signs installed on the public highway from which access to the licensed premises is afforded, within 200 feet of all driveways leading to the licensed premises. White posts with reflectors shall be installed at all driveway entrances.
Roads leading from the public highway into the mining area shall be graded and coated with oil and maintained in a dustless condition. Such roads shall be listed on the drainage plan and the sand, gravel or other materials shall be removed from the intersection of such roadways and the public highways daily. All vehicles using such driveways shall be operated in accordance with the rules, regulations and laws of New Jersey.
Topsoil and overburden shall be accumulated in areas not larger than one acre in extent. No area larger than two acres or six months' work, whichever is the smaller, may be left during the spring or fall planting season without grading according to the plan, seeding with grass, and replanting with at least 50 trees per acre.
No licensee shall operate the licensed premises in such a manner that any natural stream of water shall be interfered with or have its course altered to the detriment of any person or landowner. No licensee shall substantially alter, change or interfere with any natural watershed or natural surface watercourse without the approval of the Township. No licensee shall detrimentally interfere with or affect the natural drainage of any land other than that being licensed hereunder.
No licensee shall excavate or dig below the existing water table. No licensee shall dig or excavate within 300 feet from the site of any dedicated street. A dedicated street shall be considered as any street which is open to the public as well as any street which is listed on a map on file in the county Clerk's office.
No person shall bury any old lumber, building materials, debris, cut or dead trees, stumps, brush or other similar waste on any premises for which a license or permit has been or is proposed to be sought.
The Township Engineer shall visit, examine and check each licensed premises as often as necessary to make certain that the provisions of this chapter are being observed at the licensed premises and by each licensee. If any infraction is found by the engineer, he/she shall promptly report it in writing to the Township Committee.
Topsoil may be mined except in those areas zoned as residential in the Township under the following provisions and regulations:
Inspection and statement of the Township Engineer that there will be no detrimental effect upon the surface drainage of the site to be mined or the adjacent properties;
That at least four inches of arable soil capable of supporting a cover crop shall be left on the surface of the land after the topsoil stripping has been completed;
That the area shall be seeded with rye grass or other suitable cover crop as hereinbefore provided;
Payment of an annual license fee of $150.
Any substantial infraction of any of the provisions of this chapter shall be sufficient grounds to enable the Township Committee, after a public hearing upon reasonable written notice, to suspend or revoke any license or permit issued under the terms of this chapter.