[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:
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.
A.
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.
B.
Applications for such licenses shall be made in writing and shall
contain the following information and meet the following requirements:
(1)
The applicant's name and address and his interest in the subject
property.
(2)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application.
(3)
The legal description, including block and lot designation and street
address, if any, of the subject property.
(4)
A description of all existing uses of the subject property.
(5)
A brief written statement generally describing the proposed development.
(6)
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.
(7)
A topographic map at a scale of one inch equals 200 feet, showing
the proposed dimensions, location and operations on the subject property.
(8)
The location, size and intended use of all buildings.
(9)
The location of all points of ingress and egress.
(10)
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.
(11)
The location of all existing and proposed streets and rights-of-way,
including railroad rights-of-way.
(12)
A soils map.
(13)
A rehabilitation plan, which includes:[1]
(a)
Method of stockpiling topsoil and overburden.
(b)
Proposed grading and final elevations.
(c)
Topsoil material application and preparation.
(d)
Type, quantity and age of vegetation to be used.
(e)
Fertilizer application, including method and rates.
(f)
Planting method and schedule.
(g)
Maintenance requirements schedule.
(14)
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.
A.
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.
B.
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.
C.
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.
D.
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:
A.
Is designed so that no area of excavation, sedimentation pond, storage
area, equipment or machinery or other structure or facility is closer
than:
B.
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.
C.
Fencing.
D.
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.
E.
Is designed so that surface runoff will be maintained on the parcel
in a manner that will provide for on-site recharge to groundwater.
F.
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.
G.
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.
H.
Will involve restoration of disturbed areas at the completion of
the resource extraction operation.
I.
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:
A.
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.
B.
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.
C.
Topsoil shall be restored in approximately the same quality and quantity
as existed at the time resource extraction operation was initiated.
D.
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.
E.
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.
F.
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.
G.
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:
(1)
The planting of a minimum of 1,000 one-year-old pitch pine seedlings
or other native tree species per acre.
(2)
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.
