[HISTORY: Adopted by the Township Committee of the Township of Lacey
11-22-1982 as Ord. No. 35-82 (Ch. 63 of the 1974 Code). Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Township Engineer of the Township of Lacey or his duly authorized
representative.
The business of mining, excavating, removal, storing, processing,
extracting and otherwise recovering sand, gravel, stone, topsoil and other
associated materials for the purpose of selling the same or any part thereof
or with the knowledge that the same or any part thereof is to be sold or resold;
the purpose of using the same or any part thereof in or on premises not owned
by the person or firm owning the premises from which the sand, gravel, stone,
topsoil or associated materials is taken; or the purpose of using the same
or any part thereof for commercial use, provided that this chapter shall not
apply to the removal of materials for cellars. "Mining" is an extractive process
involving the removal of soil, earth, sand, clay, gravel, humus, peat or other
organic and mineral materials. In the Pinelands Area, "mining" shall mean
the dredging, digging, extraction, mining and quarrying of sand, gravel, clay
or ilmenite for commercial purposes, not including, however, the private or
agricultural extraction and use of extraction material by a landowner.
[Amended 2-14-1991 by Ord.
No. 5-91]
Shall be synonymous and shall be interchangeable with the term "mining."
Any state highway, county road, county highway, township road or
any street or road, including drift roads, used by the public or dedicated
to the public use.
The Township of Lacey.
The Zoning Officer of the Township of Lacey.
A.
No person, firm or corporation shall excavate or otherwise
remove any sand, gravel, stone or other materials for sale or for use other
than on the premises from which the same shall be taken, except in connection
with the construction or alteration of a building on such premises or excavation
or grading incidental thereto or in connection with a site improvement for
which a building permit has been issued, without first having procured a New
Jersey Pinelands Commission certificate of filing, if applicable, and a mining
permit from the Lacey Township Zoning Officer.
[Amended 2-14-1991 by 0rd.
No. 5-91]
B.
No owner of land in the Township of Lacey shall permit
any excavation or removal as herein provided on his or her land until a Lacey
Township mining permit and/or a New Jersey Pinelands Commission certificate
of filing, as herein prescribed, has been procured in accordance with this
chapter.
[Amended 2-14-1991 by Ord.
No. 5-91]
A.
All mining permits shall expire five years following
the date of issuance by the Lacey Township Zoning Officer. The expiration
date of any such permit shall be clearly indicated on the permit. Application
for renewal shall be made to the Lacey Township Zoning Officer 60 days prior
to expiration of the mining permit in order that the renewal application may
be processed before the date of expiration of the permit. Within 30 days of
receipt of a complete application for renewal, the Zoning Officer shall either
approve or deny renewal of the mining permit. Application for all mining permits
shall be made to the Lacey Township Zoning Officer, and application for any
new or initial mining operations must be preceded by approval by the Lacey
Township Planning Board.
[Amended 4-10-1997 by Ord.
No. 97-15; 7-10-1997 by Ord.
No. 97-29]
B.
All mining permit applications, either for renewal or
initial licensing, shall include the following submissions in order to be
deemed complete:
(1)
Complete mining permit application form on the forms
provided by the Zoning Officer.
(2)
Evidence of the receipt of all outside agency approvals,
permits and registrations, including but not limited to:
(a)
New Jersey Pinelands Commission certificate of filing,
if applicable.
[Amended 2-14-1991 by Ord.
No. 5-91]
(b)
[1]Registration by the New Jersey Department of Labor and Industry,
Bureau of Mine Safety.
[1]
Editor's Note: Former § 175-3B(2)(b), regarding the Ocean County Soil Conservation District, was repealed 4-10-1997 by Ord. No. 97-15. This ordinance also provided for the renumbering of former § 175-3B(2)(c) and (d) as § 175-3B(2)(b) and (c), respectively.
(c)
All other outside agency approvals, permits and registrations
as required.
(3)
Three sets of the mining plan, as approved by all applicable
outside agencies. The mining plan shall be updated to accurately reflect current
conditions on the mining tract. The various areas which the applicant proposes
to mine and to restore on the tract shall be delineated on the mining plan.
(4)
A specific schedule detailing which areas are anticipated
to be mined and which areas are to be restored during the term of the mining
permit. The schedule shall also specify what types of restoration work the
mining operator intends to perform during the term.
[Amended 4-10-1997 by Ord.
No. 97-15]
(5)
If the applicant is other than the owner of the tract
being mined, an affidavit shall be submitted from the record owner of the
tract certifying ownership of the tract and granting permission to the mining
permit applicant to conduct mining activities on the tract.
C.
For initial or new mining permit applications or for applications which expand the mining operation from what was originally approved, the applicant must obtain approval from the Lacey Township Planning Board, prior to submission of a mining permit application. In such cases, the applicant must submit an application to the Lacey Township Planning Board in accordance with the provisions set forth in § 175-4 herein.[2]
[Amended 4-10-1997 by Ord.
No. 97-15]
[2]
Editor's Note: Former Subsection D, dealing with mining permit renewal
applications, which immediately followed this subsection, was repealed 7-10-1997
by Ord. No. 97-29.
A.
Obtaining of approval.
(1)
Prior to the submission of any initial mining permit application for a new mining operation or if the applicant proposed an expansion to the originally approved mining plan, approval must be obtained from the Lacey Township Planning Board. Application shall be made to the Lacey Township Planning Board at least 15 calendar days prior to the date of the Planning Board meeting at which the application is to be heard. Public notice of said hearing must be made by the applicant in accordance with the provisions of Chapter 215, Land Use Procedures, of the Lacey Code, except that notice shall be given to all property owners within a two-hundred-foot radius of the property lines of the tract on which the mining operation is situated.
[Amended 4-10-1997 by Ord.
No. 97-15]
(2)
The Planning Board shall render its decision on the mining
permit application no later than 60 calendar days from the date on which the
application was deemed completed by the administrative officer and the Planning
Board Engineer.
(3)
The application submission to the Planning Board shall
include the following items. Failure to submit any one of these items will
result in the application being deemed incomplete. Applications deemed incomplete
shall not be placed on the agenda until such time as all required submissions
have been made and the application has been deemed as complete.
(a)
An application form, as provided by the Lacey Township
Planning Board.
(c)
A certificate of property taxes being paid to date on
the subject site.
(d)
If the applicant or record owner of the tract is a corporation
or partnership, corporate ownership or partnership disclosure forms must be
provided.
(e)
A certified list of property owners for all properties
within a two-hundred-foot radius of the property lines of the mining tract
must be submitted.
[Amended 4-10-1997 by Ord.
No. 97-15]
(f)
Pinelands Commission documentation.
[Amended 2-14-1991 by Ord.
No. 5-91]
[1]
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34; or
[Amended 7-11-1996 by Ord.
No. 96-36]
(g)
Evidence of receipt of a soil erosion and sediment control
certification or approval from the Ocean County Soil Conservation District.
[Amended 4-10-1997 by Ord.
No. 97-15]
(h)
Four sets of the mining plan as approved by the New Jersey
Pinelands Commission, if applicable, and Ocean County Soil Conservation District,
including all the supporting data, reports, narratives, maps and documents.
(i)
Soil borings shall be taken at a minimum interval of
one boring for each three acres or as otherwise directed by the Engineer to
protect public health, safety and welfare. The location of each boring and
a log of that boring shall be shown on the mining plan. All borings shall
be taken to the static water table elevation.
(j)
Typical cross sections of the mining area indicating
existing, maximum excavated depths, water elevations, if applicable, and final,
restored grade elevations.
(k)
A vegetation map indicating the existing foliage and
vegetation on the mining tract and indicating the location, species, height
and caliper of any specimen trees.
(l)
Computations of anticipated yardage removal.
(m)
Delineation of all mining and restoration sections.
(n)
The mining plan shall be provided with the appropriate
signature blocks of the Lacey Township Planning Board.
B.
Approval of a new mining operation or for the expansion
of an existing mining operation may then be granted by the Planning Board
upon consideration and review of the application. The Planning Board shall
render its decision on the mining permit not later than 60 calendar days from
the date on which the application has been deemed complete by both the Planning
Board administrative officer and the Planning Board Engineer. In arriving
at its decision, the Board shall take into consideration the following factors:
[Amended 4-10-1997 by Ord.
No. 97-15]
(1)
Erosion by water and wind.
(2)
Drainage.
(3)
Soil fertility.
(4)
Grades and elevations of adjoining streets and lands.
(5)
Effect of excavation and removal upon nearby lands and
property values and uses of other lands as affected by such excavation and
removal, and land values and uses of the lands to be excavated from which
materials are to be removed therefrom.
(6)
Lateral support of public streets, roads and highways
and of adjoining properties.
(7)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Township
of Lacey.
(8)
The relationship and compatibility of the final grade
contours, elevations and depth of excavation of the mining operation with
adjoining lands.
(9)
General public safety, health and welfare.
Upon the submission of the mining permit application complete and in
accordance with the provisions herein specified, the Zoning Officer will direct
the Township Engineer to inspect the mining tract for compliance of the mining
operation with all applicable requirements, including, but not limited to,
restoration, operating practices and the general conditions of the site. Based
on the recommendation by the Township Engineer and the mining permit application
being found in order, the Zoning Officer may issue the mining permit subject
to the satisfaction of all conditions and requirements of the Zoning Officer
and of the Township Engineer imposed in accordance with the provisions this
chapter of the Lacey Township Code. All permits shall be conditioned upon
the satisfaction of the following items:
A.
Posting of the restoration performance bond in the amounts
and form as herein prescribed.
B.
Satisfaction of all requirements herein set forth.
C.
Restoration of mined areas shall be concurrent with mining
operations.
D.
All mining operations and restoration phases shall be
carried out in accordance with all applicable requirements set forth herein.
E.
All mining operations to be carried out in accordance
with all applicable requirements of all outside agencies having jurisdiction
over the mining operation.
A.
The Zoning Officer shall inspect each mining operation
at least twice a year or more frequently as special situations require. The
Zoning Officer shall inspect the mining site upon the receipt of any complaints
registered against the mining operation. The Zoning Officer shall have the
right to obtain the assistance of the Township Engineer as necessary. The
Zoning Officer shall have the right to enter and inspect the mining site at
any time and without prior notice.
B.
Should the need for additional inspections arise as a result of conditions or situations created either directly or indirectly by the mining operation, the mining permit holder shall be responsible for reimbursing the Township of Lacey for all additional inspection fees in accordance with the provisions of § 175-7 herein.
C.
In the Pinelands Area, operators of all approved mining
operations shall, on a yearly basis, certify, in writing, and to the satisfaction
of the Planning Board and the Pinelands Commission, that all mining, restoration
and other activities have been and continue to be conducted in accordance
with an approved mining permit.
[Added 7-10-1997 by Ord.
No. 97-29]
Fees for mining permits shall be as follows:
A.
Applications for initial or new mining operations or
the amendment, revision, expansion or alteration of an approved mining plan
and operations.
(3)
Mining permit renewal: $500.
[Amended 7-10-1997 by Ord.
No. 97-29]
(5)
The mining permit applicant shall be required to reimburse the Township of Lacey for all additional inspection or engineering services should they be required in accordance with the provisions of § 175-6 herein. The mining permit applicant shall also be required to reimburse the Township of Lacey should additional engineering services be required to review the mining permit application. Payment for all additional engineering and inspection services shall be a condition of the mining permit issuance and mining permit renewal.
A.
No mining operation or portion thereof shall be conducted
closer than 500 feet from any dwelling, residence or non-resource-extraction-related
commercial activity that was in existence on or prior to the date of the initial
licensing of the mining operation by the Township of Lacey.
B.
No mining operation or portion thereof shall be conducted
closer than 200 feet to any property line except where the subject mining
operation adjoins another mining operation. In the Pinelands Area, mining
operations shall be designed so that no area of excavation, sedimentation
pond, storage area, equipment or machinery or other structure or facility
is closer than 200 feet to any other property line, unless it can be demonstrated
that a distance between 100 and 200 feet will not result in greater off-site
environmental impacts.
[Amended 2-14-1991 by Ord.
No. 5-91]
C.
No mining operation shall be carried out in such a way
that the top of the beginning slope is closer than 200 feet from the right-of-way
of any street, road, highway, thoroughfare or drift road.
D.
Any mining operation or portion thereof in existence
prior to the effective date of this chapter which was in noncompliance with
any of the setback distances set forth above on the effective date of this
chapter shall be allowed to remain; however, no further expansion of the mining
operation which would increase the severity of the nonconformance shall be
permitted.
A.
No mining operation shall be located on a tract having
an area less than 20 acres.
B.
Provisions shall be made to ensure that all topsoil that
is necessary for restoration of the mined areas will be stored on the site
and will be protected from erosion. In the Pinelands Area, such topsoil may
not be stored within 200 feet of any property line unless the area proposed
for storage is unforested and will be restored and the topsoil will be protected
from wind and water erosion.
[Amended 2-14-1991 by Ord.
No. 5-91]
C.
The perimeters of the mining operation shall be fenced or blocked so as to prevent unauthorized entry into the mining operation. Access to the mining operation shall be only by those access roads shown on the approved mining plan. All access roads shall be constructed and maintained in accordance with the requirements set forth in § 175-20 in this chapter.
D.
The mining operation shall be conducted in such a manner
that the surface flow of stormwater runoff from the mining tract will be maintained.
Provisions shall be made for the on-site recharge of stormwater runoff from
the mining tract into the groundwater stream.
E.
Mining excavations below the seasonal high water table
shall be permitted only if the excavation will serve as a recreational or
wildlife resource; or as a water reservoir for public agriculture or industrial
uses, or for any other use permitted in the area in which the site is located.
F.
No excavation shall be permitted having a depth exceeding
65 feet below the natural existing surface elevation of the ground prior to
the start of the mining operation excavation, unless it can be demonstrated
that a depth greater than 65 feet will not result in any adverse impact relative
to the proposed final use of the mining area or to adjoining off-tract lands.
G.
All excavations carried to or below a water-producing depth shall be carried out in accordance with the provisions and requirements of § 175-10 herein.
H.
Mining operations shall be carried out concurrently with
the restoration of previously mined areas throughout the mining tract.
I.
Mining operations will not involve clearing adjacent
to ponds in excess of 20 acres or an area necessary to complete scheduled
operations; or will not involve unreclaimed clearing exceeding 150 acres;
or, in the Pinelands Area, clearing exceeding 100 acres or 50% of the site
to be mined, whichever is less, surface excavation at any time.
[Amended 2-14-1991 by Ord.
No. 5-91]
J.
No slope of any excavation shall be greater than 2:1;
that is, two feet of horizontal run to each one foot of vertical depth.
K.
Steel pipe markers, painted orange, shall be set at each
corner of each mining phase or area as delineated on the mining plan. Such
markers may be approximate and need not be set by certified survey.
L.
Mining operations will be carried on in such a manner
that water will not collect or stagnate and erosion will be prevented.
M.
All mining operations shall be carried out in accordance
with the provisions and requirements of this chapter and with all requirements
set forth by all outside agencies having jurisdiction over the mining operation.
N.
In the Pinelands Area, the mining operation shall be
conducted in such a manner that it will not result in a substantial adverse
impact upon those significant resources of Lacey Township as depicted on the
Special Areas Map, figure 7.1, of the Pinelands Comprehensive Management Plan.[1]
[Added 2-14-1991 by Ord.
No. 5-91]
[1]
Editor's Note: Figure 7.1 is on file in the township offices.
O.
In the Pinelands Area, the mining operation shall 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 twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in § 175-9I above.
[Added 2-14-1991 by Ord.
No. 5-91; amended 3-27-1997 by Ord.
No. 97-13]
Any excavation to or below a water-producing depth shall be carried out in accordance with the requirements set forth in § 175-9E above. Excavations made to or below a water-producing depth shall have a water depth not less than three feet as measured from the mean low-water mark and shall have an area of not less than five acres. Land excavated to a water-producing depth shall be graded to remove hills and hollows.
[Amended 2-14-1991 by Ord.
No. 5-91]
Burial of stumps, debris, refuse and other deleterious material in a
mining area is prohibited unless the mining operator has obtained a landfill
license from the New Jersey Bureau of Solid Waste Management permitting disposal
of such materials on the site. The type of material for disposal, the location
of disposal and the depth of burial shall be noted on the mining plan. No
hazardous, toxic, chemical, petroleum (including oil spill pollutants), septic
or nuclear waste shall be stored, discharged or disposed of on any land within
the Pinelands Area of the township.
A.
All mining permit applications, either for new, initial
permit applications or for renewals of existing mining permits, shall be accompanied
by a definitive schedule of restoration of mined areas. Restoration of previously
mined areas shall be carried on concurrently with mining activities in new
areas.
B.
Restorations of mined areas shall be in accordance with
the following standards:
(1)
Restoration shall proceed in the same sequence and the
time frame set out in the extraction schedule.
(2)
All restored areas shall be graded so as to conform to the natural contours of the parcel; grading techniques that help to control erosion and foster revegetation shall be utilized; and the slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided in Subsection B(5) of this section.
[Amended 2-14-1991 by Ord.
No. 5-91; 3-27-1997 by Ord.
No. 97-13]
(3)
Topsoil shall be restored to a sufficient depth and quality
to support, promote and maintain the growth of grass and replantings as required
by the restoration provisions and requirements set forth in this chapter.
In the Pinelands Area, topsoil shall be restored in approximately the same
quality and quantity as existed at the time the mining operation was initiated.
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.
[Amended 2-14-1991 by Ord.
No. 5-91; 3-27-1997 by Ord.
No. 97-13]
(4)
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 as determined by the
Township Engineer.
(5)
Any body of water created by the resource extraction
operation shall have a shoreline not less than three feet above and three
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 feet horizontal to one 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.
[Amended 3-27-1997 by Ord.
No. 97-13]
(6)
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 months after the resource extraction operation
is terminated and restoration is completed.
(7)
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:
[Amended 2-14-1991 by Ord.
No. 5-91; 3-27-1997 by Ord.
No. 97-13]
(a)
Stabilization of exposed areas by establishing ground
cover vegetation; and
(b)
Reestablishment 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 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 Subsection B(7)(b)[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.
(8)
In the Pinelands Area, restoration shall be a continuous
process, and each portion of the parcel shall be restored such that ground
cover shall be established within two years and tree cover shall be established
within three years after mining is completed for each portion of the site
mined.
[Added 2-14-1991 by Ord.
No. 5-91]
(9)
All restoration of mined areas shall also be carried
out in accordance with all applicable requirements of the the New Jersey Pinelands
Commission and all other outside agencies having jurisdiction over the mining
operation.
[Amended 4-10-1997 by Ord.
No. 97-15]
(10)
Slopes beyond a water body's shoreline shall be permitted
at the natural angle of repose to the bottom of the pond.
[Added 3-27-1997 by Ord.
No. 97-13]
A.
The mining operator shall conduct all mining operations
in a manner which prevents any adverse environmental impacts. The mining operators
shall take all necessary precautions to prevent or abate any adverse impacts
to air quality and water quality and to prevent or abate noise.
B.
Dust conditions shall be abated or prevented by using
water or some other means of dust control deemed to be environmentally acceptable
by the Township Engineer. Oiling and calcium chloride shall not be used as
a dust palliative.
C.
All equipment, machinery and trucks used in connection
with the mining activity shall be equipped with proper mufflers, in accordance
with New Jersey State standards, to prevent excessive noise.
D.
The mining operator shall be responsible for correcting
any environmental damage caused by his or her mining operation. The Zoning
Officer may, at his or her discretion, suspend the mining permit until all
environmental damages have been corrected by the mining operator and proper
preventative or abative methods are installed to prevent future adverse environmental
damage from reoccurring.
[Amended 2-14-1991 by Ord.
No. 5-91]
A.
Prior to the issuance of any mining permit, be it the
initial issuance of a new mining permit or the renewal of an existing mining
permit, the applicant shall post a guaranty in the form of a performance bond
issued by a surety company licensed to do business in the State of New Jersey
or a guaranty in any other form deemed acceptable by the Township Attorney,
naming the Pinelands Commission and the Township of Lacey as the obligee if
the application for mining is in the Pinelands Area. The amount of the restoration
performance guaranty shall be determined for each mining operation by the
Township Engineer, and the amount shall be updated as required on the mining
tract. The performance bond shall remain in place until the mining area restoration
has been accepted by the Township Engineer.
B.
Prior to final release of any restoration performance
guaranty, the mining operator shall post a restoration maintenance guaranty,
equal to 10% of the restoration performance bond amount. The restoration maintenance
bond shall remain in effect for a period of one year after final acceptance
of the mining area restoration. For operations in the Pinelands Area, the
restoration maintenance bond shall remain in effect for a period of two years
after such final acceptance.
[Amended 4-10-1997 by Ord.
No. 97-15]
All mining operations shall be confined within the limits of the Tax Map lot or lots to which the initial mining permit was issued. Any expansion of mining operations beyond the tract or property lines of the Tax Map lot or lots to which the mining permit was issued shall constitute an expansion of the mining operation and shall require approval by the Planning Board. Applications for such expansion shall be submitted in accordance with the provisions of § 175-4 herein. Any mining operation initially licensed after December 3, 1971, shall be limited to a single Tax Map lot.
No mining permit shall be renewed or issued with reference to any tract
of land on which property taxes, assessments and/or other municipal fees are
outstanding and unpaid, until such delinquent tax fees or assessments have
been satisfied.
[Amended 4-10-1997 by Ord.
No. 97-15]
No mining operation shall involve an area greater than 50 acres at any one time. Renewal of permits in accordance with § 175-3 of this chapter does not constitute authority to mine more of an area covered by the permit. Prior to beginning mining operations in a new fifty-acre section of the mining tract, the previous fifty-acre section shall be completely restored in accordance with the provisions herein.
Mining of topsoil shall be permitted only if a sufficient quantity and
quality of topsoil remains on the site to allow a minimum thickness of two
inches of topsoil to be spread over the entire areas that were mined, including
all slopes.
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.
A.
All mining operations shall have a direct means of access
to the dedicated public highway, street or thoroughfare. In the Pinelands
Area, ingress and egress to all mining operations shall be provided from public
roads by way of gravel or porous paved roadways. If such access requires traveling
through properties outside the mining tract, the mining operator shall secure
access easements from the property owner(s) through whose land access is required.
A map of the access route and copies of the executed access agreements shall
be provided to both the Zoning Officer and Township Engineer. The mining operator
shall be required to construct and maintain a safe, adequate all-weather haul
road of sufficient width to allow safe, simultaneous two-way travel of trucks
and mining equipment. All access roads shall be shown on the mining plan.
Plans and profiles of such proposed haul roads shall be provided to the Township
Engineer for review and approval.
[Amended 2-14-1991 by Ord.
No. 5-91]
B.
Maintenance of all access and haul roads leading from
mining areas to public roads, streets or thoroughfares shall be the responsibility
of the mining operator to whom the mining permit has been issued and shall
be maintained in a safe and usable condition at all times.
C.
The mining operator shall be responsible for the immediate
cleanup of any mined materials spilled on the public roads onto which the
mining operation haul road enters.
D.
All mining operation access and haul roads shall be properly
maintained to eliminate dust or mud conditions. Only those dust palliative
measures deemed by the Engineer to be environmentally acceptable shall be
permitted; the use of road oiling or calcium chloride as dust palliative is
expressly and strictly prohibited.
E.
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.
There shall be not more than 10 permits issued for mining operations
at any one time in addition to those operations by the Township Department
of Public Works.
A.
Failure to renew a mining permit within 90 days of expiration
of the permit will constitute abandonment of the mining operation. Should
the applicant wish to renew such a permit, the application shall be considered
as a new or initial application and shall be subject to the reapproval by
the Lacey Township Planning Board.
[Amended 4-10-1997 by Ord.
No. 97-15; 7-10-1997 by Ord.
No. 97-29]
B.
Should the operator elect to permanently cease mining
operations and relinquish the mining permit for that tract, written notice
of such cessation shall be served upon the Zoning Officer at least 30 days
prior to the scheduled end of operations. Upon completion of all restoration
of all mined areas of the tract, in accordance with the requirements set forth
herein and all applicable requirements of all outside agencies having jurisdiction
over the mining operation and completion of the restoration work, the mining
tract shall be inspected by the Township Engineer.
C.
The restoration performance bond shall be released upon
a determination by the Township Engineer that all restoration work has been
completed in accordance with all requirements specified herein and the proof
of posting of a restoration maintenance bond in the amount as determined by
the Township Engineer. The restoration maintenance bond shall remain in place
for a period of one year or, in the Pinelands Area, for a period of two years
from the date of acceptance of the mining area restoration.
[Amended 2-14-1991 by Ord.
No. 5-91]
A.
No mining permit may be transferred from one tract to another. Mining permits shall be issued to a specific tract or Tax Map lot and unless the permit has been relinquished in accordance with the provisions set forth in § 175-22 herein.
B.
Should a mining permit holder wish to sell the mining
tract to which the Lacey Township mining permit has been issued, application
shall be made to the Lacey Township Zoning Officer for approval of transfer
of the mining permit ownership. The Zoning Officer may approve such transfer
of the mining permit ownership subject to the following conditions:
(1)
The new mining permit holder agreeing to adhere to all
conditions and requirements imposed upon the previous mining permit holder.
(2)
Posting of new restoration performance bonds in the name
of the new mining permit holder.
(3)
Satisfaction of all applicable conditions and requirements
set forth both in this chapter and by the regulations governing mining or
resource extraction of any outside agencies having jurisdiction over the mining
operations.
(4)
The transferred permit shall remain valid for the remaining
unexpired period of the originally issued permit. Application for the renewal
of the mining permit would be made by the new mining permit holder.
In the event that the applicant wishes to remove less than 10,000 cubic
yards of material for the primary purpose of regrading of land rather than
for the sale of excavated materials, the Zoning Officer may waive the requirement
for a mining permit application, hearing or restoration performance bond.
Such a waiver is further conditioned upon the following:
A.
The proposed excavating or regrading shall be required
as an integral part of development in a site plan or major subdivision which
was approved by the Planning Board.
B.
All excavation and regrading shall be carried out in
strict accordance with the soil disturbance and sediment control plan approved
by the Ocean County Soil Conservation District for the development in which
the excavation is to occur.
C.
All excavation and regrading shall be performed in accordance
with lines and grades indicated on the approved site plan or major subdivision
in which the excavation is to be performed.
D.
This exemption shall not apply in the Pinelands Area
of the township unless the activity is a part of another pinelands approved
development on the site.
[Added 2-14-1991 by Ord.
No. 5-91]
[Added 2-14-1991 by Ord.
No. 5-91; amended 7-10-1997 by Ord.
No. 97-29]
No mining permit or renewal of any such permit issued within the Pinelands Area shall take effect until the notice and review procedures set forth in Chapter 335, Zoning, of this Code have been met.
A.
Should a violation of or noncompliance with any provisions
of this chapter occur, the mining permit holder shall have 10 calendar days
from the date of receipt of written notice by the Zoning Officer to correct
any and all violations and noncompliances. Failure to correct the violations
or noncompliances within the prescribed time period shall result in the suspension
of the mining permit and the issuance of a summons by the Zoning Officer.
B.
In the Pinelands Area, in the event that the Zoning Officer,
Planning Board and/or the Pinelands Commission determine that any mining,
restoration or other activity deviates from the conditions of an approved
mining permit, the operator of the mining operation shall be immediately notified
of the deviation. The notice shall state the nature of the deviation, order
the action necessary to correct it and set forth the date, time and location
of a meeting to be held within 10 days of the notice, at which the operator
shall present all relevant information concerning the deviation and the action
taken or to be taken to correct it. The order to take corrective action shall
specify any activity which must be immediately ceased to prevent direct or
indirect aggravation of the deviation or to avoid a danger to public health,
safety or welfare. Such cessation shall continue until the deviation has been
resolved to the satisfaction of the Planning Board and the Executive Director
of the Pinelands Commission or until an agreement to resolve the deviation
has been reached. Failure to resolve a deviation or to adhere to the terms
and conditions of any agreement to resolve a deviation shall constitute sufficient
cause for revocation of the permit.
[Added 7-10-1997 by Ord.
No. 97-29[1]]
[1]
Editor's Note: This ordinance also provided for the relettering of
former Subsection B as Subsection C.
C.
Violations of any provisions of this chapter by any mining
permit holder, landowner, corporate officers and/or agents shall, upon conviction
thereof, be punishable by a fine of not more than $1,000, by imprisonment
for a term not to exceed 90 days and/or by a period of community service not
to exceed 90 days. Each and every day of continued operation in violation
of or noncompliance with these provisions shall be considered as a separate
and specific violation. Conviction of a violation of any provision of this
chapter shall constitute cause for a revocation of the mining permit.
[Amended 7-11-1996 by Ord.
No. 96-36]
