[HISTORY: Adopted by the Mayor and Council of the Borough of Lindenwold 3-11-1992 by Ord. No. 899 (Ch. 173 of the 1981 Code). Amendments noted where applicable.]
This chapter shall be known as and cited by the short form title "Resource Extraction Regulation and Licensing Ordinance of the Borough of Lindenwold."
As used in this chapter, the following terms shall have the meanings indicated:
- RESOURCE EXTRACTION
- The dredging, digging, extraction, mining and quarrying of sand, gravel or minerals for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by the landowner for personal use or extraction for the purposes of home building or pool construction.
In any area, district or zone of the Borough of Lindenwold, no sand, gravel, rock, earth, minerals, clay or overburden or other resource shall be extracted for resource extraction purposes until approval has been granted by the Mayor and Borough Council of the Borough of Lindenwold as evidenced by the issuance of the license for such work.
Applications for such licenses shall be made in writing and shall contain the following information and meet the following requirements:
The applicant's name and address and his interest in the subject property.
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
The legal description, including block and lot designation and street address, if any, of the subject property.
A description of all existing uses of the subject property.
A brief written statement generally describing the proposed development.
A USGS quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject property and zoning designation are shown.
A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property.
The location, size and intended use of all buildings.
The location of all points of ingress and egress.
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, forest associations and wildlife habitats.
The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way.
A soils map.
A rehabilitation plan, which includes:
Method of stockpiling topsoil and overburden.
Proposed grading and final elevations.
Topsoil material application and preparation.
Type, quantity and age of vegetation to be used.
Fertilizer application, including method and rates.
Planting method and schedule.
Maintenance requirements schedule.
A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter 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.
Prior to the issuance of any permit, certificate of occupancy or license for land mining operation, the owner or operator shall file with the Borough Clerk a performance guaranty. The guaranty shall be for an amount equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted.
Such bond or security shall be accompanied by an agreement signed by the applicant and landowner, if a different individual, granting the Borough the right of access to make inspections to ensure compliance during periods of operation and to perform all necessary rehabilitation of bonded property in the event of forfeiture of the performance guaranty.
In the event of default, forfeiture shall be made by the Borough Council after public hearing on not fewer than five days' written notice made to the principal and the surety at their last known post office address, which notice shall be complete upon mailing.
The performance guaranty may be released upon satisfactory restoration of the complete project area, or portions of the guaranty may be released as proportional stages of restoration are accomplished in accordance with all operating and restoration standards contained in this chapter as well as any approved rehabilitation plan. As a performance guaranty is released, it shall be replaced by a maintenance guaranty for a period of two years thereafter.
Resource extraction operations shall be approved for a maximum of two-year periods and only if the applicant can demonstrate that the proposed resource extraction operation:
Is designed so that no area of excavation, sedimentation pond, storage area, equipment or machinery or other structure or facility is closer than:
As an integral part of each resource extraction operation, sufficient arable topsoil shall be stored on site for restoration. Such topsoil stockpiles shall be treated, planted or graded to protect the same from wind or water erosion.
Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways watered or otherwise treated to minimize dust.
Is designed so that surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater.
Will not involve excavation below the seasonable high-water table, unless the excavation will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the area in which the site is located, provided that in no case shall excavation have a depth exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use of off-site areas.
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as anticipated length of time that each unit or parcel proposed for extraction will be worked.
Will involve restoration of disturbed areas at the completion of the resource extraction operation.
Will not involve clearing adjacent to ponds in excess of five 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 following standards and regulations shall be met in connection with production and processing of extracted resources:
All parcels of land which are used for resource extraction operations shall be restored as follows:
Restoration shall be a continuous process, and each portion of the parcel shall be restored such that the 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.
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 of restored surfaces shall not exceed one foot vertical to three feet horizontal.
Topsoil shall be restored in approximately the same quality and quantity as existed at the time resource extraction operation was initiated.
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, but in no case shall the finished final condition of the area permit stagnant water to collect.
Any body of water created by the resource extraction operation shall have a graded shoreline with a slope not to exceed one foot vertical to five feet horizontal.
All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized for 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:
The planting of a minimum of 1,000 one-year-old pitch pine seedlings or other native tree species per acre.
Stabilization of exposed areas by establishing ground cover vegetation with native grasses, such as Andropogon gerardii, Panicum virgatum, Panicum amarum (and var. amarulum), planted at 18 inches on center.
Waivers from strict compliance from the provisions of this chapter can be granted when said waiver will not impair or reduce the Borough Council's ability to adequately review plans in connection with information or details to be provided in an application or adversely affect the environment, neighboring properties or the intent of the Borough Master Plan in the case of operation and rehabilitation standards.
The application for a license or the renewal of a license shall be accompanied by a promise from the applicant to faithfully perform and comply with all applicable standards set forth in this chapter, its amendments or supplements or any other ordinance of the Borough which has a bearing upon resource extraction. In the event that the Mayor and Borough Council have reasonable doubt about the applicant's financial responsibility to perform the promise, they may request the applicant to submit reasonable satisfactory evidence of financial responsibility, which will be reviewed on a confidential basis and not made public in any manner. In the event that there is not reasonably satisfactory evidence of the applicant's financial responsibility to perform the promise, the Mayor and Borough Council may require, as a condition of the granting of the license, the applicant to deposit, pledge or place in escrow or in some other fashion, including the possible use of a surety bond, certain reasonable amounts of security with rights of substitution for the faithful performance of the compliance with all of the performance standards set forth in this chapter or any other applicable ordinances of the Borough. In the event that security is required, no security shall be required in excess of an amount equal to $500 multiplied by the number of acres to be rehabilitated as designated within the license area, but not less than $10,000. Any security required shall be held or continue for the term of the license while the land is rehabilitated or until adequate evidence of financial responsibility is presented. Any promise of security required herein shall be terminated 15 days after the applicant or others on his behalf have delivered to the Mayor and Borough Council the certificate of a registered professional engineer or licensed surveyor or professional planner setting out that the area upon which release of the security is sought has been rehabilitated in substantial compliance with the requirements of the rehabilitation plan or some amended or alternative plan satisfactory to the Mayor and Borough Council. Any security shall be placed so that, if the license expires as provided herein and the site is not rehabilitated within 18 months thereafter, the security shall be forfeited to pay for the rehabilitation of the site according to the rehabilitation plan.
The Mayor and Borough Council may also require additional information from the applicant when necessary because of the specific nature of the lands to be mined, any unusual request made by the applicant or because of surrounding property use and condition, including but not limited to environmental impact statements, wetlands information, surrounding property use and traffic management and flow. The information received when requested shall be taken into consideration by the Borough Council and shall be used to determine the applicability of the property in question for use as a mining site or may be used in placement of conditions upon any mining license granted.
If the applicant complies with this chapter and all other applicable ordinances as set forth, a license shall be issued. The license shall be valid for a period of two years from the date of issuance thereof. Such license shall be renewed by the Borough Council for succeeding two-year periods, provided that an application accompanied by either the promise of the applicant or such reasonable security as may be required, as provided above, is received from the applicant, and provided that the applicant meets all terms and conditions of this chapter or any other applicable ordinances of Lindenwold or their amendments or supplements thereto. The application for renewal of the license shall be filed within 60 days after receipt of written notice from the Borough of Lindenwold of the expiration of the license but not more than four months before the expiration of the license, and provided that the applicant is carrying out the requirements of the original license as evidenced by the absence of a judicial determination at said time to the contrary. Issuance of a license commits the applicant and the applicant's successors and assigns to faithful compliance with the rehabilitation plan and the provisions of this chapter, its amendments or supplements.
Each applicant/licensee shall pay to the Clerk of the Borough of Lindenwold the fee as established in Chapter 150, Fees, Article I, Fee Schedule, § 150-43, to cover the mining license. The payments shall be made prior to the issuance of the license to the applicant/licensee. The license fee shall be used by the Borough Council to offset the costs of the Borough for review, issuance and monitoring of said mining license and rehabilitation plan provided by the applicant/licensee. If the actual cost to the Borough for review, issuance and monitoring of any particular mining license shall be higher than the license fee, then in that event the Mayor and Borough Council may assess the actual costs incurred by the Borough as an additional licensing fee upon the applicant/licensee upon notice of such higher costs to the applicant/licensee.
Any person, firm or corporation who or which shall violate any terms or provisions of this chapter shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 1, § 1-1, of this Code. Each violation of any provision of this chapter or any other ordinance applicable to resource extraction in Lindenwold Borough or any rule or regulation of the Borough shall constitute a separate offense.