This chapter shall be known as the "Soil Removal, Excavation
and Mining Ordinance."
The governing body of the Township of Plumsted has made the
following determinations:
A.
The unregulated and uncontrolled removal, relocation, filling and
excavation of soil by the owners of property within the Township is
likely to result and has resulted in conditions detrimental to the
public health, safety and general welfare of the citizens of the Township.
The unregulated and uncontrolled removal, relocation, filling or excavation
of soil in, on or from lands within the boundaries of the Township
will create one (1) or more of the following conditions: a serious
erosion by wind and water; inadequate and improper or complete lack
of surface water drainage; decrease in or destruction of the fertility
of the soil; removal of lateral support of abutting streets, lands
and premises; and the creation of excessive amounts of dust and deposit
of such dust and siltation on adjoining property; the deposit on the
streets of the Township of large quantities of mud, dirt or dust;
the deterioration of adjoining property values; the rendering of lands
unfit or unsuitable for their most appropriate uses; and other conditions
hampering and interfering with the coordinated and harmonious physical
development of the Township.
B.
Such stripping and removal operations are denuding the area involved
of all trees underbrush, natural vegetation and topsoil and are creating
problems of erosion, siltation, dust and drainage, all of which are
detrimental to adjoining and subject lands as well as to the health
of the citizenry.
This chapter shall apply as follows:
A.
No owner, applicant, developer, excavator, subdivider or other person
shall dig, excavate, scrape or otherwise disturb, move or cause, allow
or permit to be moved the soil on any premises in the Township for
use other than on the premises from which it is taken, until obtaining
a license in accordance with the provisions of this chapter.
B.
This chapter shall apply to all existing and proposed mining operation
in the Township, regardless of whether the existing operation is conforming
or nonconforming. All existing operations shall file for the required
license within six (6) months of the effective date of this chapter
or when the current soil removal license expires, whichever is later.
C.
This chapter shall not apply in the following situations:
(1)
To the removal of soil for building excavations, a private sewage
disposal system or landscaping.
(2)
To the plowing, spading, cultivation, harrowing or discing of soil
or any operation usually associated with agricultural or horticultural
purposes.
(3)
To any operations for the purposes of soil and water conservation
as defined or prescribed by the Soil Conservation Service of the United
States Department of Agriculture.
D.
Soil removal permits are not required for projects involving the
removal of less than one thousand (1,000) cubic yards of soil, where
the peculiar topographic conditions existing on a property make it
unusable for the purpose for which it is zoned, and where the removal
of soil, where properly performed, may result in the benefit to the
Township in the reclamation of the property for its zoned use to be
determined by the Township Engineer.
The following words shall have the following s:
An individual, partnership or corporate entity who applies
for a soil removal license in the Township of Plumsted. The legal
or beneficial owner or owners of a lot, or of any land proposed to
be included in a proposed development, including the holder of an
option or contract to purchase or other persons having an enforceable
proprietary interest in such land.
The digging, excavating or removal of sand, gravel or stone
for the purpose of selling or with the knowledge that the same or
any part thereof is to be sold, resold or used as part of a commercial
enterprise.
The contour of the land as its exists prior to the proposed
excavation or operation.
To dig, remove, move, deposit, fill, grade, regrade, or level
the soil or otherwise alter or change the contour of land or to transport
soil to or from such operation. This shall not be construed to include
plowing, spading, cultivating, harrowing or any other operation usually
and ordinarily associated with tilling of the soil for agriculture
or horticultural purposes.
Any person engaged in the moving, removal or excavation of
soil or topsoil from, in or upon any land in the Township.
The end of a working excavation, determined at the end of
each and every workday.
Any person seized in fee simple of any land in single ownership
or control. Parcels shall not be deemed to be contiguous if separated
by a road, railroad, right-of-way, brook, stream or other natural
division.
An individual, firm, association, partnership or corporation
or any group of two (2) or more of them or anyone acting on behalf
of said person.
The person owning fee interest or the person in whose name
the legal title to the property appears by deed duly-recorded in the
office of the County Clerk of Ocean County or the person in possession
of the property or buildings under claim of or exercising acts of
ownership over the same for himself or as the executor, administrator
or guardian of the property. Parcels shall not be deemed to be contiguous
if separated by a road, railroad, right-of-way, brook, stream or other
natural division.
Any earth, sand, gravel, clay, loam, gravel, humus, rock
or dirt, irrespective of the presence or absence of organic matter.
The cessation or abandonment of mining operations.
Arable soil that, in its natural state, constitutes the top
layer of the earth, is composed of two percent (2%) or more weight
of organic matter and has the ability to support vegetation. "Topsoil"
shall be a mealy loam which is comparatively free from objectionable
weeds. "Topsoil" shall have a minimum organic content of not less
than two and seventy-five hundredths percent (2.75%) by weight. "Topsoil"
shall contain no stones, clumps, or similar objects larger than one
(1) inch in any dimension and shall have a pH value of not less than
five point eight (5.8) nor more than six point five (6.5). The gradation
of the "topsoil" shall consist of the following limits: sand —
forty percent (40%) to eighty percent (80%); silt — ten percent
(10%) to thirty percent (30%); and clay — ten percent (10%)
to thirty percent (30%).
A.
General requirements:
(1)
All applications for soil removal must be approved by the Planning
Board. Licenses shall be granted by the Township Committee. In order
for a permit application to be considered at a Planning Board meeting,
the application, application fees and all documents required by this
chapter must be filed with the Secretary of the Planning Board at
least twenty-eight (28) days prior to the regular Planning Board meeting.
(2)
The Planning Board shall, at its regular meeting, determine if the
application is complete. The application shall be deemed complete
when the Board so certifies, based on the standard of whether or not
the applicant has submitted sufficient information to comply with
the terms of this chapter or such other additional information as
is necessary for the Board to make an informed decision as to compliance
with this or other relevant ordinances and statutes. If the application
is deemed complete, the Planning Board shall schedule a public hearing
on the application, said hearing to be held within forty-five (45)
days. The application shall be responsible for providing notice to
all property owners within five hundred (500) feet of the premises
and shall provide notice, as required by the Municipal Land Use Law,
N.J.S.A. 40:55D-1, et seq., for a development application. For applications
in the Pinelands Area, the applicant must notify the Pinelands Commission.
(3)
Upon deeming the application complete, the Planning Board shall transmit
copies of the application to the Township Engineer and Township Environmental
Commission for their review. The Engineer shall report his findings
in writing to the Planning Board within thirty (30) days of the date
of referral. The Environmental Commission shall also submit its recommendations
on the application to the Planning board within thirty (30) days;
however, if the Environmental Commission has not transmitted a recommendation
within the thirty-day period, it shall be deemed to have taken no
position with regard to the application.
(4)
The Planning Board shall, after reviewing the application, the report(s)
and holding the public hearing, take appropriate action by resolution
and referring the application to the Township Committee with its recommendation.
An applicant who receives Planning Board approval may request the
Township Clerk to issue the necessary license. Prior to issuance of
the license, the Township Clerk and Township Engineer must find that
all fees, taxes and assessments are paid, bonds are posted and other
requirements are met; both the Township Engineer and Township Clerk
must sign the license in order for the permit to become effective.
Bonds must be examined and approved by the Township Attorney.
(5)
All permits shall be for a period of one (1) year. No permits shall extend beyond said maximum one-year period without submission and approval of a new application. The renewal application must meet all the requirements specified in this chapter, with the exception of the inspection fees specified in § 54-12C.
(6)
Plans submitted as part of the permit application shall be developed
in accordance with the requirements of N.J.A.C. 12.185, et seq., Rules
and Regulations for Pits and Quarries; Laws of New Jersey 1972, Chapter
418; N.J.A.C. 7:29, et seq., Noise Control; N.J.S.A. 34:6-98.1, et
seq., Mine Safety Act; U.S.P.L. 91-596; and other such requirements
that may be applicable.
(7)
Any mining operation must receive a Soil Erosion and Sediment Control
Permit - Mining Permit from the Ocean County Soil Conservation District
in accordance with Chapter 451 of the public Laws of 1980 of the State
of New Jersey. No permit may be issued by the Township and no mining
may commence until a copy of the Ocean County Soil Conservation District
permit has been filed with the Township Engineer, Planning Board,
Township Clerk and Code Enforcement Officer. Any Township regulations
which are more stringent than those required from the Ocean County
Soil Conservation District must be complied with by the applicant
and approval of a plan by the Soil Conservation District does not
relieve the applicant from complying with local zoning laws.
(8)
In addition to the above requirements, applicants for permits in
the Pinelands Area must comply with the requirements for development
specified in N.J.A.C. 7:50, Subchapter 4. The Planning Board may not
deem the application complete unless it is accompanied by a certificate
of filing issued by the Pinelands Commission.
A.
In considering the application, the Township Engineer shall be guided
by the following factors:
B.
If, after considering the above factors, the Township Engineer determines
that the proposed removal or redistribution of soil will not be detrimental
to the health, safety or welfare of the Township or its inhabitants,
he shall recommend to the Township Committee the issuance of the permit.
C.
The Township Committee may waive the requirements for a license for
excavations whose primary purpose is for reasons other than the removal
of soil, such as irrigation ditches and ponds, ground water ponds
and drainage ditches. However, the application fee shall be retained
by the Township to cover the expense of any necessary inspections
or review by the Township Engineer and/or the Township Attorney. Applications
for such exemptions need only be accompanied by enough supporting
data to determine that the proposed project will in no way be detrimental
to the community or its population.
Unless the submission requirements are modified or waived by the Planning Board, an application filed pursuant to this chapter shall include at least the information listed below. The applicant shall file with the Planning Board Secretary one (1) application form addressing the items listed below, as well as twelve (12) copies of the site plan map prepared in accordance with the requirements specified in the Development Regulations of the Township of Plumsted and the fees specified in § 54-12A. In addition, the applicant must file the soil erosion and sediment control permit issued by the Ocean County Soil Conservation District and, if the project is in the Pinelands Area, the certificate of filing issued by the Pinelands Commission.
A.
The applicant's name and address and his interest in the subject
property.
B.
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application.
C.
The legal description, i.e., block and lot number and the street
address, if any, of the subject property.
D.
The present use of the subject property.
E.
A project site base map, at a scale of no less than one (1) inch
to one hundred (100) feet showing all property owners within two hundred
(200) feet beyond each boundary of the subject property, showing ownership
boundary lines; the boundary of the proposed development; owners of
holdings, if any, adjoining and adjacent to the subject property;
existing facilities; buildings and structures on the site; all proposed
development, wetlands, streams, including intermittent streams, rivers,
lakes and other water bodies; and existing roads.
F.
A soils map, including a county soils survey, in conformance with
the guidelines of the United States Department of Agricultural Soil
Conservation Service, at the same size and scale as the project site
base map, delineating all soil series at an appropriate level of detail.
G.
For projects in the Pinelands Area, a resource capability map, at
the same size and scale as the project site base map, indicating the
cumulative limitations to development due to the standards and guidelines
contained in the Pinelands Comprehensive Management Plan.
H.
A map, at the same size and scale as the project site base map, showing
existing vegetation and identifying the predominant vegetation types
in the area.
I.
A map, at the same size and scale as the project site base map, showing
stormwater drainage patterns and calculations and the applicant's
proposed stormwater runoff management plan, including results of percolation
tests and soil borings performed in the recharge area, together with
letters of review and comment from the local Soil Conservation District
and County Engineer.
J.
All public utility agreements or other documentation evidencing the
availability of electric, gas, water, sewer and other necessary public
services.
K.
For applications in the Pinelands Area, the cultural resource survey
described in N.J.A.C. 7:50-6.155.
L.
A list of all permits required for the proposed development from
county, municipal, state and federal agencies.
M.
At the time the application is filed, the applicant shall furnish
ten (10) copies of a topographical map and cross sections of the lands
in question. Both the topographic map and cross sections shall be
prepared and certified by a licensed professional engineer or licensed
land surveyor. The topographic map shall be prepared at a scale of
not more than one hundred (100) feet to the inch with minimum contour
intervals of one (1) foot and shall show the following:
(1)
The present grades in a one-hundred-foot grid layout.
(2)
The proposed finished grades.
(3)
The quantity, in cubic yards, of the soil to be removed.
(4)
The grades of all streets and lots within two hundred (200) feet
of the property in question.
(5)
Existing floodplains, brooks, streams or bodies of water within five
hundred (500) feet of the property in question.
(6)
The location and depth to water surface of any and all wells and
septic systems within one thousand (1,000) feet of the site.
(7)
Proposed slopes and lateral supports.
(8)
Present and proposed surface water drainage.
(9)
All property boundaries.
(10)
Designated area for soil storage.
(11)
All man-made structures on the site and within two hundred (200)
feet of the site.
(12)
All existing trees on the site with a four-inch caliper or greater.
(13)
Cross sections shall be made every ten (10) feet starting beyond
the limits of excavation. Each cross section shall show the present
grades, limits or proposed excavation and proposed finished grades.
N.
A United States Geological Survey quadrangle map showing the dimensions
of the property and an area of at least one thousand (1,000) feet
beyond such boundary in all directions.
O.
The location, size and intended use of all existing and proposed
buildings.
P.
The location of all points of ingress and egress.
Q.
The location of all existing and proposed streets and rights-of-way,
including railroad rights-of-way, excluding those included within
the area to be mined.
R.
The location and message to be shown on all signs as required by
N.J.A.C. 12:185-10.4.
S.
The plan shall show existing and proposed noise contours, and the
application shall indicate the methods to be used to comply with the
Township's noise standards.
T.
A reclamation plan which includes:
(1)
The method of stockpiling topsoil and overburden.
(2)
The proposed grading and final elevations.
(3)
Topsoil material application and preparation.
(4)
The type, quantity and age of vegetation to be used.
(5)
Fertilizer application, including method and rates.
(6)
Maintenance requirements schedule.
U.
The top layer of soil to a depth of six (6) inches shall not be removed
from the premises, but shall be set aside and respread over the premises
when the remainder of the soil has been removed.
V.
A statement from the Township Tax Collector that all taxes are paid
to date.
W.
A list of owners of the organization or partnership having ten percent
(10%) or more of its shares of stock, in accordance with N.J.S.A.
40:55D-48.1.
X.
Any flood plain within five hundred (500) feet of an excavation must
be delineated.
Y.
The purpose or a description of the type of mining operation involved,
including the material actually excavated, which is the final product
of said mining operation.
Z.
The location, kind and quantity, in cubic yards, of soil to be removed
during the license year; the location, kind and quantity, in cubic
yards, of soil proposed to be removed over the overall life of the
entire site.
AA.
The place to which the soil is to be moved and what roads within
the Township are to be used to transport soil.
BB.
The proposed dates of commencement and completion of the work, said
completion date in no event to exceed seven (7) years from the date
of approval of the application.
CC.
The name, address and telephone number of the person having direct
charge or supervision over the soil removal operation.
DD.
A statement certified by a professional engineer shall be provided
describing equipment used directly or indirectly in the mining operation
and whether or not said mining operation is conducted above or below
any ground water level.
EE.
An environmental impact statement, including plans for reclaiming the site as required in § 54-7T. The statement should also include the following:
(1)
An inventory of existing environmental conditions at the project
site and in the surrounding region which shall describe air quality,
water quality, water supply, hydrology, geology, soils, topography,
vegetation, wildlife, aquatic organisms, ecology, demography, land
use, aesthetics, history and archaeology; for housing, the inventory
shall describe water quality, water supply, hydrology, geology, soils
and topography.
(2)
A project description which shall specify what is to be done and
how it is to be done during construction and operation.
(3)
A listing of all licenses, permits or other approvals as required
by law and the status of each.
(4)
An assessment of the probable impact of the project upon all topics described in Subsection EE(1).
(5)
A listing of adverse environmental impacts which cannot be avoided.
(6)
Steps to be taken to minimize adverse environmental impacts during
construction and operation both at the project site and in the surrounding
region.
(7)
Alternatives to all or any part of the project with reasons for their
acceptability or non-acceptability.
(8)
A reference list of pertinent published information relating to the
project, the project site and the surrounding region.
FF.
Soil borings. The applicant shall obtain soil borings and ground
water determination at the rate of one (1) for every one (1) acre
of land uniformly distributed over the site. The borings shall extend
to a point at least ten (10) feet below the lowest proposed point
of excavation. The results of the test borings shall be witnessed
and certified by a licensed professional engineer and submitted with
the application. The applicant shall notify the Township Engineer
at least forty-eight (48) hours prior to his commencement of the boring,
and the Township Engineer or his representatives shall be permitted
to be present to witness the borings or verify any information obtained
therefrom. The persons performing said borings shall cooperate in
obtaining such additional information as the Township Engineer shall
reasonably request and shall take such additional borings at the time
as he may direct.
GG.
Phasing.
(1)
For all applications concerning sites greater than ten (10) acres,
a phasing program developed by the applicant shall be submitted to
and be subject to the approval of the Township Engineer. Each phase
shall be considered a distinct mining operation, the parameters of
which are defined by area and time. Phases shall not in any way overlap.
No one (1) phase is to exceed ten (10) acres, and at no time shall
work proceed in any one (1) phase until work in all preceding phases
is deemed complete by the Township Engineer. A phase is deemed complete
and the use terminated when final grading site cleanup and site rehabilitation
is performed. Consecutive phases must share at least one (1) common
boundary.
(2)
Before excavation can commence on any phase, at least two (2) soil borings shall be performed within the boundaries of the new phase to determine ground water levels. The borings shall be performed to the specifications stated in § 54-7FF and submitted to the Township Engineer.
[Ord. #97-01, § 42]
Resource extraction operations shall be approved 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 work facility is closer
than:
(1)
Two hundred (200) feet to any property line.
(2)
One thousand five hundred (1,500) feet to any residential or non-resource-extraction-related
commercial use which is in existence on the date the permit is issued.
(3)
If the property is located in the Pinelands Area, three hundred (300)
feet from freshwater wetlands as defined in the Pinelands Comprehensive
Management Plan.
B.
Is to be located on a parcel of land of at least twenty (20) acres.
C.
Permitted excavations shall be operated in a neat and orderly manner,
free from junk, trash, trade waste or unnecessary debris. Buildings
shall be maintained in a sound condition, in good repair and appearance.
Weeds shall be cut as frequently as necessary to eliminate fire and
health hazards. Salvageable equipment stored in a non-operating condition
shall be suitably garaged.
D.
Permitted excavations shall be operated so as to reduce dust to a
minimum. Only those dust palliative measures deemed by the Township
Engineer to be environmentally acceptable shall be permitted; the
use of road oiling or calcium chloride as dust palliative is expressly
and strictly prohibited. Unless otherwise specified, operations shall
be conducted in accordance with the following standards:
(1)
Access roads shall be maintained in a dust-free condition. In order
to minimize dust, access roads shall be paved in accordance with Township
specifications. Access roads shall be thusly improved to a width of
twenty-four (24) feet from public thoroughfares to a point not more
than one hundred (100) feet from the point at which haul vehicles
are being loaded. Areas used for the movement of haul vehicles and
mobile equipment closer than one hundred (100) feet to the point at
which haul vehicles are being loaded shall be finished with a bituminous
asphalt surface at least two (2) inches thick and a base of stone
macadam designed to prevent failure of the road. Access to the mining
operation shall be solely by means of the access road(s) as shown
on the approved mining plan. All other possible means of access shall
be fenced or blocked to prevent unauthorized entry.
(2)
All mining operations shall have a direct means of access to a dedicated
public highway, street or thoroughfare. If such access requires traveling
through properties outside the mining tract, the mining operator shall
secure access easements from the property owners through whose land
access is required. A map of the access route and copies of the executed
access agreement shall be provided both to the Zoning Officer and
the Township Engineer.
(3)
The Township shall require the operator of any mining operations
to enter into an agreement whereby the operator or contractor shall
repair and maintain any township roads which suffer damage as a result
of the mining operation or by its vehicles passing over Plumsted Township,
County and State roads in connection with the mining operations. The
mining operator shall be responsible for the immediate cleanup of
any mined materials spilled on the public roads.
(4)
Bulldozing, digging, scraping and loading of excavated materials
shall be done in a manner which reduces to the minimum level possible
the raising of dust.
(5)
Speed limits of vehicles used by operators shall at all times be
observed. Continual violations shall be considered cause for suspension
of a mining permit.
(6)
Any operable equipment stored overnight shall be rendered inoperable.
(7)
Traffic control. If more than fifty (50) truckloads of material are
to be removed from the site during any weekday and if more than twenty-five
(25) truckloads of material are to be removed from the site during
any Saturday, the applicant is required to provide a special police
officer to direct traffic at all authorized sire entrances.
(8)
Maintenance of traffic safety. It shall be the responsibility of
the mining permit holder to maintain a safe traffic flow on the mining
site, the access road to the mining site and at the point or points
at which the access road enters any public highway. Appropriate signs,
as approved by the Township Engineer, shall be placed along the public
highway warning approaching motorists of the intersection of the access
road with the public highway and of heavy truck traffic entering the
public highway.
E.
Noise and vibration. Noise and ground vibration shall be reduced
to a minimum. To achieve this, loading points shall not be located
closer than two hundred (200) feet to any property line. In addition,
a berm of at least ten (10) feet in height and landscaped shall be
placed between the property line and all mining activities.
F.
One (1) cased observation well will be constructed on-site and extend
two hundred (200) feet below grade or to the potable water supply
aquifer, whichever is at a higher elevation. Samples and measurements
will be taken from the well and analyzed by a certified testing laboratory
prior to the issuance of the special permit and when required to demonstrate
no degradation to the ground water quality or change to the ground
water elevation. In addition, monthly samples shall be taken and certified
to the Township Engineer to determine that water level quality is
not being adversely affected by the mining operation.
G.
Protection of streams and water bearing strata. All permitted excavations
shall be conducted in a manner so as to keep adjacent streams, percolation
ponds or water-bearing strata free from undesirable obstruction, silting,
contamination or pollution of any kind. To accomplish this, the following
may be required and shall be documented by detailed drawings and specifications
prepared by a licensed professional engineer and shall be submitted
at the time of application:
(1)
Settling ponds or levees or other barrier and drainage structures
in order to prevent silting of any river, creek, stream or natural
artificial drainage channel.
(2)
Levees or other devices in order to prevent flooding of excavations
and lands beyond the excavations which may become subject to flooding
by reason of the excavation.
(3)
No excavation below the water table.
(4)
Restricted excavation in the natural or artificial drainage channel
or floodplain when such excavation may result in the deposit of the
silt therein.
(5)
No excavations within five hundred (500) feet of any private or public
water supply wells or any disposal system.
H.
If at any time during the excavation operation ground water, springs
or other water or drainage conditions are encountered whereby a change
in the plan with respect to the proposed finished grade, drainage
facilities or other changes are desired or necessary in order to not
result in conditions adversely affecting the property or adjoining
property owners or township roads or county roads or other public
facilities, such changes, additions or requirements as imposed by
the Township Engineer shall be complied with, subject to the concurrence
and approval of the township.
I.
The owner or person in charge will so conduct the operations that
the removal of said soil shall not be below the finished elevations
shown on the approved plan. All finished grades on the premises shall
be no lower than the highest elevation in the center line of any public
road abutting the premises and no lower than the highest elevation
at any point on the property line of the premises.
J.
Setback of cut slopes from property lines. Unless specifically approved
by the Township Engineer, open cut slopes shall in no case be closer
that two hundred (200) feet to any exterior property line or closer
than two hundred (200) feet to any buildings or closer than two hundred
(200) feet to the top of the bank of any stream channel or closer
than two hundred (200) feet to the right-of-way of any street, roadway
or alley which is an existing public right-of-way or township, county
or state maintained road or official plan line or future width line
of a county road, unless otherwise approved by the Township Engineer.
K.
Screen plantings.
(1)
All mining operations shall maintain a protective buffer zone which
shall consist or a strip of land minimum of twenty-five (25) feet
in width along the perimeter of the property line and within the two-hundred
foot setback. The buffer zone shall remain undisturbed throughout
the mining operation and shall include a ten-foot high landscaped
berm. Under no circumstances shall any future mining take place within
two hundred (200) feet of a public road and/or below the grade of
said road.
(2)
Throughout the existence of the mining operation, whenever the mining
operation has a common property line with developed property in another
use, there shall be installed maintained or cultivated either:
(a)
Natural woody vegetation screens to width of at least twenty-five
(25) feet along said common property line: or
(b)
A screen of evergreen shrubs or trees maintained at a height
of at least six (6) feet to a width of at least ten (10) feet along
said common property line. Evergreen shrubs or trees shall be minimum
of five (5) feet to six (6) feet in height at time of planting and
shall include, but not limited to the following plant species and
shall be plant species approved by the Township Engineer or a licensed
landscape architect approved by the Township.
(3)
The Township Engineer shall approve all items to be installed or
cultivated and may submit the landscape proposal to the Planning Board
for review.
L.
Blasting. Blasting shall not be permitted in conjunction with any
permit issued under this chapter.
M.
Liability insurance. Every operator or owner shall deliver to the
Township Engineer a public liability insurance policy in limits fixed
by the Township Engineer and form approved by the Township Attorney
against liability arising from any such operation or activities incidental
thereto during the period of such operation. The insurance policy
shall name the Township of Plumsted as co-beneficiary.
N.
Erosion on roads. The owner or operator shall construct and maintain
an earth bank or berm and do whatever is necessary to prevent any
erosion that may occur from either being carried onto public roads
and watercourses or property of others during the extent of the removal
operation.
O.
Fences. In the case of any open excavation more than ten (10) feet
deep there shall be a fence approved by the Township Engineer with
suitable lockable gates completely enclosing the portion of the property
on which the excavation is located, and such fence shall be located
at all points forty (40) feet or more distant from the edge of such
excavation.
P.
Survey monuments and setback lines. The property lines shall be adequately
defined by survey monuments and easily visible markers so that requirement
for keeping the excavation back from property lines can be checked
by visual observation.
Q.
Bench marks. Bench marks and reference points as approved by the
Township Engineer shall be established, indicating existing grades
so that amount depth and extent of excavations can be monitored on
a daily basis.
R.
Pooled water. Except in an approved detention or retention basin,
pooled water shall not be permitted to remain on the site longer than
forty-eight (48) hours.
S.
Provides that all topsoil that is necessary for restoration will
be stored on the site but not within two hundred (200) feet of any
property line unless the area proposed for storage is unforested and
will be restored and will be protected from wind and/or water erosion.
T.
Is fenced or blocked so as to prevent unauthorized entry into the
resource extraction operation through access roads and no trespassing
signs are posted on the property.
U.
Is designed so that the surface runoff will be maintained on the
parcel in a manner that will provide for on site recharge to ground
water.
V.
Temporary slopes. All slopes shall be graded to a three to one (3:1)
slope if operations cease for more than two (2) weeks.
W.
Dust control measures shall be taken to ensure compliance with all
state, county and local regulations. Only those dust palliative measures
deemed by the Township Engineer to be environmentally acceptable shall
be permitted; the use of road oiling or calcium chloride as dust palliative
is expressly and strictly prohibited.
X.
In Pinelands Area, will be carried out in accordance with an extraction
schedule which depicts the anticipated sequence, as well as the anticipated
length of time, that each of the ten (10) acre units of the parcel
proposed for extraction will be worked.
Y.
In Pinelands Area, will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of Section 54-11, and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guarantee of performance.
Z.
In Pinelands Area, will not involve clearing adjacent to ponds in
excess of twenty (20) acres or an area necessary to complete scheduled
operations; or will not involve unreclaimed clearing exceeding one
hundred (100) acres or fifty percent (50%) of the area to be cleared,
whichever is less, for surface excavation at any time.
[Ord. #97-01, §§ 43, 44]
Ponds, detention and retention basins shall be fenced in a manner
so as to prevent access by children.
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 ten (10) acre
section of the parcel shall be restored within two (2) years after
resource extraction completed for that portion; provided, however,
that each ten (10) acre phase of the parcel shall be restored prior
to commencement of the next phase.
B.
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in § 54-7BB.
C.
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.
(1)
The slope of the surface of restored upland areas shall not exceed
one (1) foot vertical to five (5) feet horizontal.
(2)
Body of water.
(a)
Any body of water created by the resource extraction operation
shall have a graded shoreline with a slope not to exceed one (1) foot
vertical to five (5) feet horizontal for a minimum distance of one
hundred (100) feet above and below the average water level in the
pond.
(b)
In Pinelands Area, any body of water created by the resource
extraction operation shall have a shoreline not less than three (3)
feet above and three (3) 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 (5) feet horizontal to one
(1) 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.
D.
Topsoil shall be restored in approximately the same quality and quantity
as existed at the time the resource extraction operation was initiated.
In Pinelands Area, 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.
E.
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 (6) months after the resource
extraction operation is terminated and restoration is completed.
F.
Reclamation shall result in the reestablishment of the vegetation
which existed prior to the extraction activity and shall include:
(1)
The planting of a minimum of one thousand (1,000) one-year-old pitch
pine seedlings per acre.
(2)
Stabilization of exposed areas by establishing ground cover vegetation.
(3)
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.
(4)
In Pinelands Area. Reclamation shall to the maximum extent practical
result in the re-establishment of the vegetation association which
existed prior to the extraction activity and shall include:
(a)
Stabilization of exposed areas by establishing ground cover
vegetation; and
(b)
Re-establishment of the composition of the natural forest and
shrub types that existed prior to the extraction activity through
one of the following:
[1]
The planting of a minimum of one thousand (1,000) one-year-old
pitch pine seedlings or other native Pinelands tree species per acre
in a random pattern;
[2]
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;
[3]
A combination of the planting techniques set forth in [1] and
[2] above; or
[4]
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.
G.
All restoration projects as delineated in this section shall consider
recommendations from the Township Environmental Commission.
H.
Rehabilitation of site. Before a permit is granted, a plan for rehabilitation showing both existing and proposed final contours shall be submitted and subject to the approval of the Township Engineer. In addition, a performance guaranty shall be submitted and approved in accordance with § 54-12B. After any operation the site shall be made reusable for a use permitted in the zoning district wherein the operation is situated. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises after the operation. The area shall be brought to final grade by a layer of topsoil not less than six (6) inches thick, capable of supporting vegetation. Fill shall be of suitable material approved by the Township Engineer.
I.
Trees, stumps, brush, limbs, debris, trade waste or trash shall not
be buried on the property and any such material shall be removed from
the property and shall promptly be suitably disposed of off the site
at a property licensed landfill or other designated site. The location
of such disposal site shall be filed with the Township Engineer in
writing prior to such removal. The Township Engineer shall specify
the particular routes and roads which are utilized by the applicant's
trucks when hauling the excavated material from and returning to the
site.
J.
As many trees as practicable shall be preserved; regrading around
tree roots shall be avoided where practicable pursuant to a plan approved
by the Township Engineer.
K.
If in the judgment of the Township Engineer, soil has been heavily
compacted, it must be lessened to a depth of eighteen (18) inches.
L.
Disturbance of wooded areas that may be adversely affected requires
a review by the Environmental Commission, an Environmental Impact
Statement and approval by the Township Engineer.
M.
Upon termination of mining operation, the surface of the premises
shall be left in a condition which provides for an adequate drainage
so as to prevent water pockets or undue erosion. All grading and drainage
shall be such that natural stormwater leaves the premises at the original
flow rate and at the natural drainage points and that area drained
to any one (1) point is not increased. All areas shall be adequately
limed, fertilized and grass seeded with New Jersey No. 4 grass or
its equivalent approved by the Township Engineer or shall be planted
with coniferous evergreens spaced approximately six (6) feet on center
and a minimum of five (5) feet to six (6) feet in height, provided
that said planting of coniferous evergreens or grass seeding does
not unreasonably interfere with the actual prospective use of said
premises.
N.
Seeding. The area of the operation shall be seeded:
(1)
Upon completion of operation or;
(2)
If the removal extends over more than one (1) planting season (April
15 and September 15) the owner shall replace topsoil on and seed any
parts of the property upon which the excavation has been completed
to finished grade by each April 15 and September 15; the topsoil shall
be tested by a certified testing laboratory with its recommendations
to be followed as to liming, fertilizing and seeding to produce cover
crop that will prevent soil erosion.
O.
Acid soil (generally a pyrite-bearing material). In order to provide
suitable conditions for growth for vegetation and to prevent the acidifying
of drainage water with resultant damage and destruction to aquatic
life in those areas underlain with acid formations with pH below four
point zero (4.0), the following requirements shall be met:
(1)
Grading shall be such that a minimum of acid formation shall be exposed.
(2)
All exposed acid material shall be covered with a minimum of two
(2) feet of non-acid soil suitable for plant growth, including six
(6) inches of topsoil as defined herein.
(3)
Brooks and ditches with acid formation exposed shall be surfaced
with trap rock or other suitable material to prevent water from flowing
in contact with the acid material.
P.
In Pinelands Area, slopes beyond a water body's shoreline shall
be permitted at the natural angle of repose to the bottom of the pond.
[Ord. #97-01, §§ 45—48]
A.
Application fee.
(1)
At the time of application to the Planning Board, a fee for application
review shall be paid to the Township in accordance with the following:
|
Volume
(cubic yards)
|
Fee
|
|---|---|
|
0 to 10,000 or part thereof
|
$500.00
|
|
10,001 to 50,000
|
$1,000.00
|
|
50,001 to 300,000
|
$2,000.00
|
|
300,001 to 1,000,000
|
$3,000.00
|
|
1,000,001 or more
|
$4,000.00
|
(2)
Fees are nonreturnable if the application for the permit is denied
by the Planning Board or withdrawn.
(3)
The fee determined for permit renewal shall be based upon as-built
quantities from the prior permit. If the previous fee was excessive
for the actual amount of soil removed, then a credit shall be applied,
and if the actual amount of soil removed is greater, then the increased
permit cost shall be made a part of the fee for permit renewal.
B.
Bonds.
(1)
Before issuance of any permit, the owner(s) shall submit in cash
an amount equal to one hundred twenty percent (120%) of the cost required
that, in the opinion of the Township Engineer, will secure the rehabilitation
of the site in accordance with the plan specified above. The form
of guaranty shall be approved by the Township Attorney and shall run
for the same time as the term of the special permit. In the event
of default on the part of the owner or operator, the guaranty shall
be used by the township to pay the cost and expense of obtaining completion
of all requirements. The Township Engineer, in order to determine
the amount of surety to be posted, may use the following as a minimum
standard:
(2)
The performance bond will be conditioned upon the full and faithful
performance by the applicant, within the time specified in the application,
of all the proposed work in accordance with the provisions of this
chapter and of the soil removal permit issued pursuant thereto.
C.
Inspection fees.
(1)
There shall be a fee held in escrow to cover the cost of inspection
and enforcement of the provisions of this chapter, based upon the
total number of yards of material to be removed, in accordance with
the following schedule:
|
Volume
(cubic yards)
|
Fee
|
|---|---|
|
0 to 10,000 or part thereof
|
$2,000.00
|
|
10,001 to 50,000
|
$4,000.00
|
|
50,001 to 300,000
|
$8,000.00
|
|
300,001 to 1,000,000
|
$12,500.00
|
|
1,000,001 or more
|
$15,000.00
|
(2)
Inspection fees in accordance with the above schedule shall be posted
with the Township Clerk or Chief Financial Officer. No mining operations
may begin or permit signed by the Township Clerk prior to the posting
of inspection fees.
(3)
To ensure conformity with the requirements of this chapter, inspections
shall be made by the Township Engineer or his authorized agent or
other designated official of the land in or upon which mining operations
are being conducted.
D.
Permit fee; Engineer's fee.
(1)
No permit shall be issued until a fee of two hundred fifty dollars
($250) shall be paid by the applicant to the Township Clerk.
(2)
At the time of filing of the application with the Township Engineer,
the Township Engineer shall estimate the amount of his reasonable
fee and charges for reviewing the application and preparation of his
recommendation and shall forthwith give written notification of this
amount to the applicant and the Township Clerk.
(3)
No further action shall be taken on the application until the applicant
deposits the amount so estimated with the Township Clerk, who shall
then notify the Engineer to proceed.
(4)
A special escrow account, entitled "Soil Removal Escrow Account,"
is hereby established into which account the amount so deposited by
the applicant shall be deposited to his credit and from which account
any bills rendered to the Township by the Engineer for services on
the application shall be paid, upon approval of his voucher by the
Township Committee.
(5)
An accounting shall be rendered to the applicant of deposits and
charges to the account and any excess remaining after payment of the
engineering bills shall be returned to the applicant and any deficiency
shall be paid by the applicant before approval of this application.
(6)
It shall be the duty of the Engineer, before performing any services
for which he makes a charge, to determine from the Clerk that there
are sufficient monies in the account to cover his charges, and, if
not, to perform no further work until the applicant, upon notice from
the Engineer given through the Clerk, has paid into the account such
additional amount as the Engineer in such notice estimates is necessary
to cover such additional charges.
E.
Liability insurance. The applicant shall provide, not later than
ten (10) days after approval, a certificate of public liability insurance
issued to him wherein the Township is named as co-insured for damages
arising out of any activity of the applicant, under a permit issued
in accordance with the provisions of this chapter. The minimum amount
of liability insurance that will be considered to be acceptable will
be one million dollars ($1,000,000).
The Township Engineer or his authorized representative shall
enforce the provisions of this chapter. He shall from time to time,
upon his own initiative, and whenever directed by the Township Committee,
inspect the premises for which permits have been granted to ensure
compliance with the terms of the permit of this chapter. He shall
report all violations of the Township Committee and take any action
deemed necessary in the circumstances.
The Township Engineer shall be paid for his services at fees
on an hourly basis from the escrow account.
For the purpose of administering and enforcing the provisions
of this chapter, any authorized officer, agent or employee of the
Township shall have the right to enter any land where mining operations
are being conducted, in order to examine and inspect the land and
the operation. Whenever the Township Engineer decides it is necessary
to do so without notice to applicant or owner. Sites shall be inspected
and a report will be filed with the Township Committee no less than
twice a year.
The Township Engineer may, upon written notice, revoke the soil
removal permit for violation of this chapter. Said notice to be either
delivered to employees or agents of applicant/owner, or by certified
mail to address on application or by regular, first class mail. The
minimum revocation shall be for a period of ten (10) calendar days.
The Township Committee shall review and confirm and/or modify actions
of the Township Engineer relating to revocation at the next Committee
meeting following the action of the Township Engineer.
A.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not less than one hundred dollars ($100) nor more than one
thousand dollars ($1,000), by imprisonment for a term not to exceed
ninety (90) days or by community service of not more than ninety (90)
days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Court. The continuation of
such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
B.
The violation of any provision of this chapter shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
C.
Termination of operation. The owner or operator must notify the Township
Committee within thirty (30) days of termination of operation and
provide an as-built plan as of the date of closure except as provided
above.
D.
Compliance with permits required. Nothing herein contained shall
relieve the holders of any mining permit or permits from complying
with the terms and conditions of said permit or permits or agreement
pursuant to which said permit or permits were issued.
E.
Effect on other provisions. Nothing in this chapter shall be deemed
to modify or repeal any of the provisions of the Subdivision Ordinance
or the Zoning Ordinance of the Township of Plumsted or any other ordinance
of the Township of Plumsted.
F.
The applicant and land owner shall enter into an agreement with the
township which agreement shall embody all the requirements of this
chapter and shall include, among other things, the period of time
during which this permit shall be effective and the procedure to be
followed for the renewal of said permit and any other matters effecting
performance under this chapter. The permit shall not be transferable
without the express approval of the Township Engineer.
