If application for a soil removal permit involves the complete removal of a bank which extends above the elevation of the surrounding lands or above the elevation of a public road or street adjacent to the land where the removal project is to take place, the moving or removal shall be so conducted as to leave the final grade of the land or lot from which the bank is to be removed at a grade that will not create a hazardous condition for the surrounding lands or a public road or street. Wherever practical, the final grade shall not be lower than the grade of the surrounding lands or of a public road or street, and the final grade shall be established and maintained at a minimum of one percent (1%) to ensure proper drainage. In establishing final grades, the factors to be considered shall be those listed in § 65A-9.
No slope on any property shall be left steeper than one (1)
foot vertical and three (3) feet horizontal. Where earth is moved
in order to lower a grade or to alter an existing slope, the upper
crown or brink shall not be closer to any property line than five
(5) feet, and this distance shall be increased at a rate of one (1)
foot for each one (1) foot of vertical height of the slope up to a
maximum required distance of twenty-five (25) feet from any property
line, except where another mining operation adjoins a property being
mined. If for any reason the final grade is higher than the level
of the surrounding lands, the same formula shall be used in determining
the distance of the bottom of the slope from the nearest property
line. In addition, the upper crown, brink or top of slope shall not
be closer than two hundred (200) feet from any street, road, highway
or thoroughfare in the township. Further, no soil removed shall be
permitted within two hundred (200) feet of an existing home or building
unless said building shall be upon the premises and said building
is used in conjunction with the mining operation.
All excavations must be graded to remove hills and hollows in
conformity with the contour of the land as submitted in the map and
plan for the issuance of the special use permit. Excavations may be
made to a water-producing depth; if so, the depth of the water shall
be not less than three (3) feet measured from the mean low-water mark
and shall not be less than five (5) acres in area. Land excavated
to water producing depth shall be graded to remove hills and hollows
and to leave the same in presentable condition after completion of
the excavation. In all cases, grading and backfilling shall be done
in such a fashion as to prevent the collection of stagnant water and
to reduce erosion to a minimum as outlined herein. Mining shall proceed
in a uniform direction, and no more than five (5) acres shall remain
hollow without being restored as provided for herein. No burying of
stumps, debris or other deleterious materials shall be permitted.
Grading operations shall be done by survey stakes as set by a licensed
engineer or surveyor. At all times the applicant shall have available
for inspection purposes a bench mark with elevation and property line
stakes in the area being worked.
A.
Removal. No topsoil except such amounts as are in excess of amounts
required to comply with this section for purposes of replacement of
topsoil will be permitted to be removed from the premises.
[Amended 7-2-79 by Ord. No. 1979-17]
B.
Storage. Whenever any owner, developer or excavator removes topsoil
from any land in the township, provision shall be made for the storage
of topsoil within the boundary lines of the property.
C.
Replacement.
[Amended 7-2-79 by Ord. No. 1979-17; 4-7-80 by Ord. No. 1980-9]
(1)
All topsoil excavated on the premises shall be stored and uniformly
replaced over the entire area at a minimum depth of four (4) inches
on or before the completion date set forth in the soil removal permit
so that the final grades of the replaced topsoil conform to the proposed
final grades as shown on the topographic maps for the soil removal
permit.
[Amended 7-2-79 by Ord. No. 1979-17]
A.
Grade, as needed, shall conform to the final contours on the approved
soil removal maps.
B.
Immediately prior to topsoil distribution, the surface should be
scarified to provide a good bond with the topsoil.
C.
Needed erosion control practices, such as diversions, grade stabilization
structures, berms, channel stabilization measures, desilting basins
and waterways, shall be employed.
A.
Seeding. Selection of drought-tolerant seed mixture shall be by recommendation
of the Ocean County Soil Conservation District.
[Amended 4-7-80 by Ord. No. 1980-9]
B.
Establishment of permanent vegetative cover shall be the responsibility
of the applicant, and the bond as posted shall not be released until
said vegetative cover is established for a minimum of one (1) growing
season.
[Amended 4-7-80 by Ord. No. 1980-9]
D.
Seedbed preparation.
(1)
Apply limestone and fertilizer according to laboratory test requirements
in accordance to said recommendations and approval of the Township
Engineer.
(2)
Work lime and fertilizer into the soil as nearly as practical to
a depth of four (4) inches with a disc, spring-toothed harrow or other
suitable equipment. The final harrowing or discing operation should
be on the general contour. Continue tillage until a reasonably uniform,
fine seedbed is prepared.
(3)
Remove from the surface all stones two (2) inches or larger in any
dimension, remove all other debris, such as wire, cable, tree roots,
pieces of concrete, clods, lumps or other unsuitable material.
(4)
Inspect seedbed just before seeding. If traffic has left the soil
compacted, the area must be retilled and firmed as above.
E.
Seeding.
(1)
Selection of drought-tolerant seed mixture shall be by recommendation
of the Ocean County Soil Conservation District based upon laboratory
test results upon topsoil to be used and other applicable criteria,
such as grade, drainage, subsoil, etc. The Township Engineer shall
approve of the seed mixture.
[Amended 7-2-79 by Ord. No. 1979-17]
(2)
Apply seed uniformly by hand, cyclone seeder, drill, cultipacker
seeder or hydroseeder (slurry including seed and fertilizer). Normal
seeding depth is from one-fourth (1/4) to one-half (1/2) inch. Hydroseedings
which are mulched may be left on soil surface.
(3)
Where feasible, except where either a cultipacker type seeder or
hydroseeder is used, the seedbed should be firmed following seeding
operations with a roller or light drag. Seeding operations should
be on the contour.
F.
Mulching.
(1)
Mulching is required on all sites (sands, slopes or hydroseedings
and off-season operations), unless approval for omission is obtained
in writing from the Township Engineer.
(2)
Mulch materials should be unrotted salt hay or small grain straw
at the rate of one and one-half (1 1/2) to two (2) tons per acre,
or seventy (70) to ninety (90) pounds per one thousand (1,000) square
feet. Mulch should not be ground or chopped into short pieces.
(3)
Mulching should be spread uniformly by hand or mechanically so that
approximately seventy-five percent (75%) to ninety-five percent (95%)
of the soil surface will be covered. For uniform distribution of hand-spread
mulch, divide area into sections of approximately one thousand (1,000)
square feet and distribute seventy (70) to ninety (90) pounds within
each section.
(4)
Mulch anchoring should be accomplished immediately after placement
to minimize loss by wind or water. This may be done by one (1) of
the following methods. depending upon the size of the area, steepness
of slopes and costs.
(a)
Peg and twine. Drive eight- to ten-inch wooden pegs to within
two (2) to three (3) inches of the soil surface every four (4) feet
in all directions. Stakes may be driven before or after applying mulch.
Secure mulch to soil surface by stretching twine between pegs in a
crisscross and a square pattern. Secure twine around each peg with
two (2) or more round turns.
(b)
Mulch nettings. Staple paper, jute, cotton or plastic nettings
to the soil surface. Use a degradable netting in areas to be mowed.
(c)
Mulch anchoring tool. A tractor-drawn implement especially designed
to punch and anchor mulch into the surface soil. This practice affords
maximum erosion control, but its use is limited to those slopes upon
which the tractor can operate safely. Tool penetration should be about
three (3) to four (4) inches. On sloping land, the operation should
be done on the contour.
(d)
Liquid mulch binders may be used to anchor salt hay or straw
mulches.
[1]
Applications should be heavier at edges where wind catches mulch,
in valleys and at crests of banks. Remainder of area should be uniform
in appearance.
[2]
Use one (1) of the following:
[a]
Emulsified asphalt 0 (SS-1, CMS-2, MS-2, RS-2,
CRS-1 and CRS-2). Apply four hundredths (.04) gallons per square yard
or one hundred ninety-four (194) gallons per acre on flat slopes and
on slopes less than eight (8) feet high. On slopes eight (8) feet
high or more use seventy-five thousandths (.075) gallons per square
yard or three hundred sixty-three (363) gallons per acre.
[b]
Cutback asphalt, rapid curing (RC-70, RC-250 and
RC-800) or medium curing (MC-250 or MC-800). Apply four hundredths
(.04) gallons per square yard or one hundred ninety-four (194) gallons
per acre on flat areas and on slopes less than eight (8) feet high.
On slopes eight (8) feet high or more use seventy-five thousandths
(.075) gallons per square yard or three hundred sixty-three (363)
gallons per acre.
G.
Irrigation (where feasible). If soil moisture is deficient, supply
new seedings with adequate water [a minimum penetration of three (3)
to four (4) inches] for plant growth until they are well established.
This is especially true when seedings are made in abnormally dry or
hot weather or on droughty sites.
H.
Establishment of permanent vegetative cover shall be the responsibility
of the applicant, and the bond as posted shall not be released until
said vegetative cover is established for a minimum of one (1) growing
season.
A.
In the removal of soil, the owner or person in charge shall conduct
the operations so that there will be no sharp declivities, pits or
depressions, so that there will be no interruption of natural drainage
and so that the area will be properly leveled off, cleared of debris
and graded to conform to the contour lines and grades as approved
by the Engineer.
[Amended 4-7-80 by Ord. No. 1980-9]
B.
Temporary grading and back-blading will be required on a daily basis
to eliminate dangerous slopes, faces and excavations.
C.
Every soil removal project shall be conducted and completed in a
manner which will eliminate any condition hazardous to any member
of the public who may have access to the property or to the health,
safety or welfare of the township. All boulders, tree stumps and other
debris shall be removed from the property, except that boulders may
be buried.
D.
Hours.
[Amended 7-2-79 by Ord. No. 1979-17; repealed 4-7-80 by Ord. No. 1980-9]
E.
No person shall permit the accumulation of dirt, rubble or debris
on any roadway within the township.
F.
The excavating operation shall be conducted so that the noise from
trucks or equipment will not be a source of annoyance or discomfort
to any residents of the township.
G.
Every truckload of material shall be properly trimmed and shall protrude
no more than twelve (12) inches above the sides of the truck at the
peak or highest point of each load and shall be covered as provided
under applicable New Jersey motor vehicle laws.
H.
No plant equipment or structure shall be erected or used in connection
with the excavation or removal of said sand, gravel, stone or mineral
deposits, including washers, etc., without having the details and
specifications of same included in the application above required.
[Amended 7-2-79 by Ord. No. 1979-17]
A.
A soil erosion and sediment control plan will be required with each
application for a soil removal permit.
B.
Requirements of soil erosion and sediment control plan shall be in
conformity with the Standards for Soil Erosion and Sediment Control
in New Jersey, as prepared by the New Jersey State Soil Conservation
Committee and adopted by the Ocean County Soil Conservation District.
C.
Fees. No additional fees will be required with respect to soil erosion and control. Those fees per § 65A-8 shall be applicable.
D.
Hours.
[Added 7-2-79 by Ord. No. 1979-17; repealed 4-7-80 by Ord. No. 1980-9]
A.
Word usage. "Temporary vegetative cover" refers to the establishment
of temporary vegetative cover on soils exposed for periods of one
(1) to twelve (12) months.
B.
Purpose. The purpose of temporary vegetative cover is to temporarily
stabilize the soil and reduce damage from wind and water erosion until
permanent stabilization is accomplished.
C.
Site preparation.
(1)
Grade as needed and feasible to permit the use of conventional equipment
for seedbed preparation, seeding, mulch application and mulch anchoring.
(2)
Install needed erosion control practices or facilities, such as diversions,
grade stabilization structures, berms, channel stabilization measures,
desilting basins and waterways.
(3)
The Township Engineer may relax or waive those requirements established
under this section where he determines that a lack of compliance with
such requirements will not affect surrounding nonlicensed areas or
cause erosion into streams and/or drainage facilities.
[Added 7-2-79 by Ord. No. 1979-17]
D.
Seedbed preparation.
[Repealed 4-7-80 by Ord. No. 1980.9]
E.
Seeding.
[Repealed 4-7-80 by Ord. No. 1980-9]
F.
Mulching.
[Repealed 4-7-80 by Ord. No. 1980-9]
G.
Extent of temporary vegetative cover.
[Repealed 4-7-80 by Ord. No. 1980-9]
A.
Word usage. "Dust control" refers to the control of dust on construction
sites and roads.
B.
Purpose. The purpose of dust control is to prevent blowing and movement
of dust from exposed soil surfaces, reduce on- and off-site damage
and health hazards and improve traffic safety.
C.
Applicability. This practice is applicable to areas subject to dust
blowing and movement where on- and off-site damage is likely without
treatment.
D.
Methods. The following methods should be considered for controlling
dust:
(1)
Mulches.
(2)
Vegetative cover.
(3)
Spray-on adhesives, for use on mineral soils (not effective on mulch
soils). Keep traffic off these areas. Apply according to the following
schedule:
|
Water Dilution
|
Type of Nozzle
|
Apply Gallons Per Acre
| |
|---|---|---|---|
|
Anionic asphalt emulsion
|
7:1
|
Coarse spray
|
1,200
|
|
Latex emulsion
|
121/2:1
|
Fine spray
|
235
|
|
Resin in water
|
4:1
|
Fine spray
|
300
|
(4)
Tillage. The purpose of tillage is to roughen surface and bring clods
to the surface. This is a temporary emergency measure which should
be used before soil blowing starts. Begin plowing on windward side
of site. Chisel-type plows spaced about twelve (12) inches apart and
spring-toothed harrows are examples of equipment which may produce
the desired effect.
(5)
Sprinkling. Site is sprinkled until the surface is wet.
(6)
Barriers. Solid board fences, snow fences, burlap fences, crate walls,
bales of hay and similar material can be used to control air currents
and soil blowing.
(7)
Calcium chloride shall be in the form of loose dry granules or flakes
fine enough to fit through commonly used spreaders at a rate that
will keep surface moist but not cause pollution or plant damage. If
used on steeper slopes, then use other practices to prevent washing
into streams or accumulation around plants.
(8)
Stone. Cover surface with crushed stone or coarse gravel.
E.
Requirements as to dust control. The Township Engineer may require
any or all of the above to ensure protection of the public.
A.
This ordinance shall apply to all existing (conforming or nonconforming)
soil removal operations.
C.
Fees for existing soil removal permits, when made under this ordinance, shall be in accordance with § 65A-8 of this ordinance.
D.
This ordinance shall not apply to the removal of soil for building
excavation, a private sewage disposal system or landscaping. This
ordinance shall not include plowing, spading, cultivating, harrowing
or discing of soil or any operation usually associated with the tilling
of soil for agricultural or horticultural purposes. This ordinance
shall not include any operations for the purpose of soil and water
conservation as defined or prescribed by the Soil Conservation Service
of the United States Department of Agriculture. Nothing contained
in this ordinance shall conflict with the present or future zoning
of the township, and, in the case of a conflict, the Zoning Ordinance
shall prevail.[1]
[1]
Editor's Note: See Vol. II, Land Use.
E.
Soil removal, excavation and mining activities in the Pinelands area
of the township shall be subject to the requirements and standards
of this chapter, in addition to the requirements contained in Section
233 of Chapter 55B (Lad Use - West of Parkway Pinelands) of this Code.
Where the standards differ, the stricter regulations shall apply.
[Added 8-2-93 by Ord. No. 1993-30]
A person who transports over the streets, roads or highways
in the township soil removed from land or premises pursuant to a soil
removal permit shall daily sweep, pick up and remove or cause to be
swept, picked up and removed all dust, dirt and mud from roads, streets
or highways and shall apply or cause to be applied to the roads, streets
or highways a dust preventive wherever deemed necessary by the Engineer.
If a permit holder neglects or refuses to sweep, pick up and remove
any dust, dirt and mud or to apply a dust preventive when required,
the Engineer is authorized to suspend the permit for a period of not
less than ten (10) days or may revoke the permit after notification
in writing by an authorized officer, agent or employee of the township
to the holder of the permit. If revoked, no soil removal permit shall
again be issued unless application is made to the Township Committee
for reinstatement.
[Added 12-29-78 by Ord. No. 1978-49; amended 4-7-80 by Ord. No. 1980-9; 7-16-07 by Ord. No. 2007-12]
No permittee under this ordinance shall dig, excavate, scrape
or otherwise disturb, move or cause, allow or permit to be moved or
transport soil to or from or on any premises which is the subject
of a permit issued under this ordinance except between the hours of
7:00 a.m. and 6:00 p.m. Mondays through Fridays and between the hours
of 8:00 a.m. and 4:00 p.m. on Saturdays. No permittee under this ordinance
shall dig, excavate, scrape or otherwise disturb, move or cause, allow
or permit to be moved or transport soil to or from or on any premises
which is the subject of a permit issued under this ordinance on Sundays.
