[HISTORY: Adopted by the Township Committee of the Township of Egg
Harbor 12-28-1994 by Ord. No. 57-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention— See Ch. 113.
Subdivision of land and site plan review— See Ch. 198.
Zoning — See Ch. 225.
[1]
Editor's Note: This ordinance also repealed former Ch. 189, Resource
Excavation, adopted 9-28-1994 by Ord. No. 43-1994, as amended.
It is the purpose of this chapter to license and regulate all resource
extraction operations for the protection of persons and property; for the
protection and preservation of the public health, safety and general welfare
of the Township of Egg Harbor and its citizens; to ensure that resource extraction
operations shall be conducted in such a manner as to create a minimum of annoyance
to other citizens from noise and dust; to provide for the safety of persons,
particularly children; to provide for the free access of roadways surrounding
the resource extraction operations; to provide regulations to ensure environmentally
safe operations; and to ensure that the resource extraction sites shall be
rehabilitated through a reclamation plan during resource extraction operations
and after such operations have been completed or otherwise terminated.
For the purpose of this chapter, unless a different meaning clearly
appears from the context, the following words shall be defined to include
and to mean the following:
The individual, partnership, corporation or any other legal entity,
which shall include but not be limited to tenants, owners and licensees, who
shall apply for a license.
The sale or commercial use of sand, gravel, topsoil, clay or other
products which are excavated or mined.
The Township Committee of the Township of Egg Harbor.
An aquifer which is surrounded by formations of less permeable or
impermeable material.
The effect on the environment which results from the incremental
impact of the action when added to other past, present and reasonably foreseeable
future actions.
Impacts, including but not limited to:
Direct effects, which are caused by an action and occur at the same
time and place.
Indirect effects, which are caused by an action and are later in time
or farther removed in distance, but are still reasonably foreseeable. Indirect
effects may include but are not limited to growth effects and other effects
related to induced changes in the pattern of land use, population density
or growth rate and related effects on air and water and other natural systems,
including but not limited to ecosystems.
Effects include health, safety, general welfare, ecological, aesthetic,
historical, cultural, economic and social impacts, whether direct, indirect
or cumulative. Effects may also include those impacts resulting from actions
which may have both beneficial and detrimental consequences.
See "resource extraction."
A barrier of materials or vegetation erected to enclose or screen
resource extraction areas from adjacent roadways and properties.
A resource extraction license issued in accordance with this chapter.
Any individual, partnership, corporation or other legal entity issued
a license in accordance with this chapter.
Any parcel of land or portion thereof, the boundary lines of which
can be ascertained by reference to the Egg Harbor Township Tax Maps.
See "resource extraction."
Any natural person, partnership or corporation.
One or more lots or contiguous parcels of lots in single ownership,
which ownership can be ascertained by reference to the maps and records, or
either, in the office of the Tax Assessor of the Township of Egg Harbor or
by any documentation on file in the office of the Atlantic County Clerk.
The reconditioning, rehabilitation and restoration of the land affected
by a resource extraction operation to a safe and productive use during and
after termination of resource extraction operations.
A written plan to recondition, rehabilitate and restore the land
affected by resource extraction operations. This plan shall be prepared by
a licensed professional engineer and land surveyor licensed in the State of
New Jersey.
Excavating, mining, mixing, screening, washing, grading, processing,
stockpiling, storing, loading and any procedures necessary to prepare the
sand, gravel, topsoil, clay, stone or other natural mineral products for removal
from the site; except that recycling operations licensed by the State of New
Jersey are excluded.
All resource extraction except that caused by subdivisions and site
plans which are valid pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1
et seq.) or for which a valid construction permit has been obtained.
All information required by § 189-5E.
All state, county and municipal streets, roads and highways.
That lot or those lots licensed or to be licensed for resource extraction
in accordance with this chapter.
Surface soil, topsoil, dirt, stone, gravel, sand, humus, clay, loam
and rock.
The Township of Egg Harbor, Atlantic County, State of New Jersey.
The Municipal Clerk of Egg Harbor Township.
No resource extraction operation shall be conducted under the provisions
of this chapter unless a license shall have first been obtained as provided
for herein, and no excavation shall be made and no resource extraction operation
shall be conducted except in conformity with the provisions of this chapter.
Notwithstanding the above, this chapter shall not apply to lands of the Township.
A.
Applications for licenses shall be submitted to the Township
Administrator upon forms provided by the Township Clerk and shall be signed
and verified by the applicant and shall include:
(1)
The name and address of the applicant, if an individual;
if the applicant is a partnership, a partnership name and business address,
together with the names of all partners and their residential addresses; if
the applicant is a corporation, the full legal name of the corporation, the
place of business of said corporation, the date and state of incorporation,
the name and addresses of stockholders holding 10% or more of common and/or
preferred stock of the corporation, the name and address of the corporation's
registered agent and the name and address of legal representatives of the
corporation, if any, and whether authorized to do business in the State of
New Jersey.
(2)
Information relative to the ownership of the land involved or any interest of the applicant, its officers, directors or stockholders in adjoining property. In the event that the applicant is not the owner, written consent of the owner must be furnished and the information required by § 189-5A(1) shall be supplied for each person, firm or corporation with a ten-percent or larger ownership interest in the property that is the subject of the application.
(3)
Proof of liability insurance coverage for the licensee,
in amounts of not less than $5,000,000 combined single limit for each accident
causing personal injury and for property damage.
(4)
Proof of liability insurance coverage for any contractor
(other than independently owned or operated trucks) who contracts with the
licensee for any part of the resource extraction operation, in amounts of
not less than $1,000,000 total for each accident causing personal injury and
$500,000 for property damage for each accident.
(5)
A statement listing the equipment and apparatus to be
used in the excavation operations. The list shall include a physical description
of the equipment or apparatus; the manufacturer; year of manufacture; year
of acquisition by the applicant; whether owned or leased; fuel used, if any,
and the use or uses proposed for the equipment or apparatus by the applicant.
(6)
An estimate of the volume of soil to be removed during the term of the license. The applicant shall also provide an estimate of the life of the site with respect to resource extraction. In the event that resource extraction will not or does not exceed 25,000 cubic yards per year, then certain provisions of the license application process, otherwise required by § 189-5A(6) to (14), may be waived or modified.
(7)
A statement that all taxes are current. No license will
be granted or renewed if all taxes are not current on the date action is taken
on the final application. Taxes shall be kept current during the pendency
of the application.
B.
Plans and specifications required by this section shall
be submitted with the application. All drawings of outbound surveys, topographical
information or survey data shall be prepared, signed and sealed by a New Jersey
licensed professional land surveyor. All drawings of improvements, technical
information, restoration and reclamation data shall be prepared, signed and
sealed by a New Jersey licensed professional engineer. All plans and specifications
shall include the following:
(1)
A legal description of the sites wherein the resource
extraction operation is to be conducted and an outbound survey prepared by
a land surveyor licensed by the State of New Jersey showing the entire tract,
all buildings and roads within 200 feet thereof and existing and proposed
final contours of the land involved in the resource extraction operation at
two-foot intervals. This map shall include an area 200 feet from the boundaries
of the proposed site.
(2)
Where resource extraction is to be conducted, all entrances
or exits to the tract involved, fences or gates erected or to be erected,
equipment used or to be used in the operations are to be shown on the site
plan and a narrative describing the method of operation is to be attached.
All equipment and apparatus are to be stored on the licensed premises, at
least 200 feet from the nearest boundary of the proposed site.
(3)
All existing and proposed streets and rights-of-way,
including railroad rights-of-way and public utility rights-of-way.
(4)
A United States Geological Survey quadrangle map showing
all roads, buildings, streams and bodies of water within 1,000 feet of the
site.
(5)
The names and addresses of all adjoining landowners within
500 feet of the site.
(6)
A well search for all wells within 1,000 feet of the
site.
(7)
Existing water drainage conditions, with flow directions;
all wooded areas and areas of vegetation; and all wildlife habitats.
(8)
The limits or outbounds of the area or areas of the site
within which the resource extraction operation is to be conducted during the
term of the license.
(9)
A schedule which includes the sequence and length of
time for resource extraction.
(10)
Routes to and from the site which will be used for the
transportation of the soil to be removed.
(11)
The proposed slopes of the site upon completion of the
resource extraction operation.
(12)
The location, size and use of all existing buildings
on the site.
(13)
A soils map.
(14)
Provisions and facilities for stormwater and water management.
C.
Environmental impact statement. Attached to the application
shall be an environmental impact statement (EIS).
(1)
Purpose. The EIS shall provide a full and fair discussion
of significant environmental impacts on the environment within the Township.
(2)
Contents. The EIS shall provide the information needed
to evaluate the effects of the resource extraction operation upon the environment.
The EIS shall include:
(a)
An inventory of existing environmental conditions at
the 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.
(b)
A project description which shall specify what is to
be done, and how it is to be done, during construction and operation.
(c)
A listing of all licenses, permits or other approvals
as required by law and the status of each.
(d)
An assessment of the probable impact of the project upon all topics described in § 189-5C(2)(a).
(e)
A listing of adverse environmental impacts which cannot
be avoided.
(f)
Steps to be taken to minimize adverse environmental impacts
during construction and operation, both at the site and in the surrounding
region.
(g)
A reference list of pertinent published information relating
to resource extraction, the site and the surrounding region.
(h)
An executive summary which adequately and accurately
summarizes the EIS. The executive summary shall stress the major conclusions,
areas of controversy and the issues to be resolved.
(i)
A list of the names, together with their qualifications
(expertise, experience, professional discipline), or the persons who were
primarily responsible for preparing it.
D.
Documents and reports. Attached to the application shall
be documents and reports which address the following:
(1)
Soil borings at the rate of one boring per 20 acres to
determine soil profiles and characteristics, and to define the surface level
of the first groundwater aquifer. If these soil borings do not prove adequate
to determine site soil profiles and characteristics, the Township Engineer
may require and specify additional soil borings.
(2)
A soil erosion sediment control permit-mining permit
from the Cape-Atlantic Soil Conservation District.
(3)
A water quality report shall be submitted with the initial
application and thereafter as part of the annual report indicating water sample
data or water test results, in conformance with the New Jersey Department
of Environmental Protection guidelines for water quality monitoring. Said
results shall be obtained in accordance with a water quality monitoring plan
to be developed by an expert in the field of groundwater hydrology. The testing
shall include annual monitoring of each of the primary and annual groundwater
standards as set forth in N.J.A.C. 7:9-6, Primary and Secondary Drinking Water
Standards and A-280 Chemicals, as amended and in effect at the time final
action is taken on the final application. All results shall be prepared pursuant
to current water quality standards established by the New Jersey Department
of Environmental Protection.
(4)
A highway traffic plan which shall delineate the proposed
entrances and exits and the identity of personnel to be used for the purpose
of highway safety and highway cleanup.
(5)
Any application, plan or other documents, including correspondence,
either submitted to or received from federal, state, county or municipal agencies
relating to the site which is the subject of this application.
E.
Reclamation plan.
(1)
All applications for a license shall include a reclamation
plan with the following information for the entire licensed premises as well
as owned or co-owned adjacent properties previously mined either with or without
a license:
(a)
Method of stockpiling soil and overburden.
(b)
Proposed grading and final elevation.
(c)
Topsoil preparation and application.
(d)
Type, quality and age of vegetation to be used.
(e)
Fertilizer application, including method and rates.
(f)
Planting plans showing planting method and schedule.
(g)
Maintenance requirement schedule.
(h)
Financial plan, including the cost for implementation
and completion of the reclamation plan.
(2)
Implementation of the reclamation plan shall be a continuous
process, and each portion of the site shall be restored and reclaimed within
one year after resource extraction operations are completed for that portion.
(3)
All reclaimed areas shall be graded so that any slope
shall not exceed one foot vertical to three feet horizontal.
(4)
Reclamation shall result in the reestablishment of the
type of vegetation which existed prior to the excavation activity and shall
include:
(a)
The planting of a minimum of 1,000 one-year-old seedlings
per acre.
(b)
Stabilization of exposed areas by establishing ground
cover vegetation.
(c)
Planting of characteristic indigenous shrub and tree
species to the maximum extent practical. If, for instance, due to a change
in elevation, a particular species would no longer thrive, a different species
may be permitted.
(5)
No earlier than 30 days and no later than 90 days after
the reclamation plan has been completed, the license holder shall request
an inspection of the site by the Township Engineer. Thereafter, the Township
Engineer shall inspect and reevaluate the site and determine whether the improvements
are in compliance with the approved reclamation plan. Upon certification by
the Township Engineer that the approved reclamation plan has been complied
with, the Township Committee may, in its sole discretion, release the performance
guarantee to the license holder. In the event that there should be a breach
of the reclamation plan by the licensee, written notice to the license holder
or its representatives shall be made, and the Township may act on the performance
guarantee and proceed with the reclamation of the site in accordance with
the reclamation plan.
(6)
The reclamation plan may, in lieu of the above, include
a use for the property once resource extraction is terminated as approved
by any of the following as final approval of an application for development:
A.
Within 10 days of any request, the Township Clerk shall
mail an application for a license.
C.
Within 60 days after filing the initial application,
the applicant shall file with the Township Clerk the final application along
with all documentation and any additional fees required by this chapter.
D.
Upon filing of the final application for a license, along
with the appropriate fees, the following review procedure shall apply:
(1)
The Township Engineer shall have 30 days to determine
if the application is complete and report his decision to the Township Clerk
and the applicant.
(2)
In the event that the application is deemed incomplete,
the applicant will be advised, in writing, of those items or submissions which
are deficient. Thereafter, the applicant shall have 30 days in which to submit
a completed application.
(3)
No further review of the application shall be done until
such time as the applicant completes the application.
E.
At such time as the application has been deemed complete
by the Township Engineer, the Township Engineer shall have 45 days to review
the application and shall provide a written report to the Township Administrator
for presentation to the Committee.
F.
Upon receipt of the Township Engineer's report, the Township
Administrator shall have 30 days within which to report to the Committee.
G.
Upon report to the Committee by the Township Administrator,
or any subsequent report following a corrected or revised application, the
Committee shall have 30 days within which to take action upon the application.
H.
There shall be no resource extraction unless and until
the final application has been approved by the Township Committee.
A.
Application.
(1)
At the time of initial application, an application fee
shall be paid to the Township as follows:
|
Estimated Volume of Soil to Be Removed per Year
(cubic yards)
|
Application Fee
| |
|---|---|---|
|
0 to 25,000
|
$500.00
| |
|
25,001 to 50,000
|
$1,000.00
| |
|
50,001 or more
|
$1,500.00
|
(2)
Application fees are nonreturnable if the application
for the license is either denied by the Township or withdrawn.
(3)
If the application fee paid at the time of initial application
later proves to be inaccurate during the term of the license, the fee will
then be adjusted and additional payment or refund of fees made at the time
the inaccuracy is determined.
B.
Review.
(1)
At the time of initial application, an escrow for review
shall be established with the Township at the rate of $50 per acre of the
site, subject to a minimum escrow of $1,000.
(2)
This escrow is to pay reasonable Township costs related
to legal, engineering and planning review of the application.
(3)
If any application is referred to an independent expert
for a report, then, in such event, the applicant, upon being notified by the
Township Clerk of such additional cost, shall pay the same within 14 days
of said notification.
(4)
If the application for a license is denied, all expenses
to the Township shall be deducted from the review escrow and any balance remaining
returned to the applicant.
(5)
Additional escrow may be required when the original escrow
is depleted by 70% and the resource extraction operation is still licensed
or seeking a license or license renewal. Additional escrow shall be paid within
30 days.
C.
Inspection.
(1)
Inspection escrow shall be posted with the Township Clerk
upon notification as follows:
|
Estimated Volume of Soil to Be Removed per Year
(cubic yards)
|
Inspection Escrow
| |
|---|---|---|
|
0 to 25,000
|
$500.00
| |
|
25,001 to 50,000
|
$1,000.00
| |
|
50,001 or more
|
$1,500.00
|
(2)
Additional escrow may be required when the original escrow
is depleted by 70% and the resource extraction operation is still licensed
or seeking a license or license renewal. Additional escrow shall be determined
by the Township Engineer and paid within 30 days.
A.
As part of the application, the applicant shall submit
a performance guarantee with adequate surety, or cash in lieu thereof, to
assure compliance with this chapter.
B.
Upon review of the estimate of cost prepared by the applicant,
the amount of the performance guarantee required will be determined by the
Township Engineer and submitted to the Township Clerk.
C.
Upon review of the estimate of cost to implement and
complete the reclamation plan prepared by the applicant, the amount of the
final performance guarantee required will be determined by the Township Engineer
and submitted to the Township Clerk.
D.
The performance guarantee 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 license issued pursuant thereto.
E.
The surety, if any, shall be a recognized surety company
authorized to do business in the State of New Jersey and approved by the Township
Administrator.
F.
At the request of the applicant, the amount of the performance
guarantee may be adjusted annually by the Township Committee, upon the recommendation
of the Township Engineer.
G.
The performance guarantee shall remain in full force
and effect during the entire period that resource extraction operations are
conducted and until completion of implementation of the reclamation plan pursuant
to this chapter.
H.
The performance guarantee shall be adequate to assure
compliance with this chapter. The guarantee shall be renewed annually during
the period that the resource extraction operations are conducted and until
completion of reclamation.
Unless otherwise more strictly regulated by state or federal law, the
following regulations shall apply to all resource extraction operations:
A.
Resource extraction operations and related activities
shall be conducted for a period not in excess of 10 gross hours per day, starting
no earlier than 7:00 a.m. and ending no later than 5:00 p.m., Monday through
Friday, and starting no earlier than 9:00 a.m. and ending no later than 5:00
p.m. on Saturday. There shall be no trucking of any material to or from the
resource extraction operation prior to the starting of operations or subsequent
to 4:30 p.m. on any day when the resource extraction operation is open for
business. Emergency equipment maintenance or emergency repair may be done
at any time but shall not include starting or idling of engines before 7:00
a.m. or after 5:00 p.m., Monday through Friday, or before 9:00 a.m. and after
5:00 p.m. on Saturday.
B.
Resource extraction operations or related activities
shall not be conducted on Sundays except for emergency equipment maintenance
or emergency repair, but which shall not include starting or idling of engines.
C.
No equipment, trucks or other mechanical drives shall
be started or have any engines idling before 7:00 a.m. during the week or
9:00 a.m. on Saturday.
D.
The licensee must provide adequate dust control and soil
erosion control measures consistent with the Cape-Atlantic Soil Conservation
District. The licensee must provide proof of approval by the Soil Conservation
District of their current plan and a copy of the current soil erosion plan
must be filed with the Township Clerk. Any changes to the plan or notices
of violations received from the Soil Conservation District must be filed with
the Township Clerk within 10 days of receipt of the changes to the plan or
the notices of violation.
E.
No buildings, equipment, apparatus, resource extraction
products or other materials shall be erected or stored except in a licensed
area, but not within a distance of 200 feet of the perimeter of the site.
F.
A stockade or chain-link fence (or vegetative barrier)
having a minimum height of six feet shall be erected around those portions
of the site abutting a public street or residential dwelling for the purpose
of preventing access to the site. Such stockade or chain-link fence (or vegetative
barrier) shall be located within one foot of the perimeter of the site, and
all means of ingress and egress shall be controlled by substantial gates of
similar height, which gates shall be closed and securely locked when not in
actual use. No fence shall be so located so as to obstruct clear-sight distances
as may be required by county or local government. Reasonable variations of
fence alignment may be made in order to accommodate existing natural features
and terrain thereby making erection of the fence practicable within the property
lines of the site. Installation of fences shall be completed before the license
is issued.
G.
Signs shall be maintained at all entrances or exits of
the site indicating the name, address and phone number of the licensee.
H.
Wherever the site abuts a public street, continuous landscaping,
at least 25 feet in width, shall be planted and maintained. The landscaping
shall consist of massed evergreen and deciduous trees and shrubs of such species
and density as will provide a continuous landscaped area throughout the year.
I.
Provisions shall be made for adequate drainage, soil
and sediment control, point and nonpoint source water pollution control in
accordance with the standards set by the New Jersey Department of Environmental
Protection, the Cape-Atlantic Soil Conservation District and the Township.
Surface runoff will be maintained on the site in a manner that will provide
for on-site recharge to groundwater.
J.
Provisions shall be made for the prompt removal from
the public roads of any debris which has either fallen from any truck removing
material from the site or has been washed out of the site either as a result
of natural events or operation.
K.
Whenever reclamation has commenced and is thereafter
suspended and where such suspension of reclamation activities continue for
180 or more days, such action shall be deemed an abandonment of the reclamation
process and a default under the performance guarantee, thereby entitling the
Township to take appropriate action.
L.
All processes and equipment used in the permitted operation
shall be constructed and operated in a manner so as to reduce noise, dust
and vibrations to an amount not detrimental to the normal use and enjoyment
of an adjoining property, and each use shall utilize such dust collection
or other devices as are necessary to ensure that the use will not constitute
an objectionable condition.
Licenses shall be for a period of three years, but the applicant shall
provide an annual report in accordance with the standards outlined in this
chapter. Where approval of or certification by any state or federal regulatory
agency or department is required, such approval or certification shall be
filed with the Township Administrator prior to issuance of a license.
An annual report shall be submitted to the Township Administrator no
later than one year from the date the license is issued and for every yearly
anniversary thereafter for which the license is valid. This report shall indicate
and describe compliance with the regulations and standards of this chapter,
including payment of all property taxes as and when required, with specific
attention to the reclamation plan. The annual report shall also describe any
variances between the terms of the license and the resource extraction operation.
Mining or excavation activities are subject to the following requirements
and standards:
A.
B.
They shall be carried out in accordance with the required
excavation schedule which includes the anticipated length of time proposed
for resource extraction.
C.
Any existing body of water created by an existing resource
extraction operation shall be graded in accordance with the following standards:
(1)
From the shoreline into the water, a slope of 10:1 extending
a minimum of 75 feet.
(2)
From the shoreline landward, a slope of 5:1 extending
a minimum of 20 feet to the inner edge of a thirty-foot-wide accessway.
(3)
From the outer edge of the thirty-foot-wide accessway,
a minimum slope of 50:1 extending 100 feet or to the toe of the slope of 3:1
required around the perimeter of the work area.
E.
The depth of any existing water body created by the resource
extraction operation shall not exceed 30 feet or be within 10 feet of the
upper limit of the first confined or semi-confined aquifer.
F.
All equipment, machinery and structures shall be removed
within six months after the resource extraction operation is terminated and
reclamation is completed.
G.
Access roads shall comply with the following standards:
(1)
Access roads must be a minimum of 30 feet and a maximum
of 50 feet in width and 150 feet in length. The first 100 feet of the access
road in its approach to the public highway shall be constructed in accordance
with Township design standards to aid in prevention of tracking of material
onto an improved public highway. The remaining 50 feet shall be constructed
in accordance with the design standards contained in the Standards for Soil
Erosion and Sediment Control in New Jersey, for stabilized construction entrances.
(2)
Access road grading shall be away from the public highway
to prevent sediment from washing onto the public road.
(3)
The angle of the intersection of the public road must
conform to the same regulations set forth in the Township Code concerning
intersection of roads.
(4)
In no case shall any new access road into the site intersect
with a public highway less than 500 feet from the intersection of the public
highway with any other public highway.
H.
Stop signs shall be provided by the licensee and installed
on any access road into the site at its intersection with the public highway,
and the licensee shall be required to comply with any state and local regulations
pertaining to the placing of stop signs. "Trucks Entering" signs shall be
installed by the licensee on the public highway subject to the approving authority,
at least 200 feet in each direction from the access road into the site.
I.
All loaded trucks must be covered with a suitable cover
that complies with all state regulations. All materials deposited on the public
roads by spillage or by tracking from the wheels must be immediately removed
by the licensee. This regulation shall apply to all public roads in the Township.
J.
No natural vegetation at the site shall be disturbed,
except where the excavation is currently being conducted. All natural vegetation
shall be left and maintained on the undisturbed land and protected for landscape
enhancement, screening and noise reduction purposes.
K.
Cliffs greater than 15 feet in height and having a slope
greater than 30º are prohibited.
L.
Whenever any portion of the excavation shall have a depth
in excess of 10 feet but less than 15 feet and a slope of more than 30º,
there shall be erected a snow fence at least four feet high effectively blocking
access to the area in which such excavation is located.
M.
The slope of the material in any excavation shall not
exceed the normal angle of repose of the material at the end of each Friday's
operation.
N.
No graded or backfilled area shall be permitted to collect
water.
O.
Dry-pit excavation shall be conducted so as to result
in a dry-pit condition when restored and reclaimed. During the entire operation
of the dry pit, no freestanding water shall be permitted to accumulate. A
minimum two-foot separation shall be maintained between the bottom of any
excavated area and seasonal high water.
P.
No further excavation of any existing body of water below
seasonal high water shall be permitted unless the excavation will serve as
a recreational or wildlife resource, a water reservoir for public, agricultural
or industrial uses or has received final approval in conjunction with a subdivision
or site plan pursuant to N.J.S.A. 40:55D-1 et seq.
Q.
Where conveyers discharge material of less than one inch
in diameter onto stockpiles of such material, and where the free and uncontained
fall of material being stockpiled from the conveyer to the highest point of
the stockpile shall exceed a distance of six feet, a high-pressure water mist
spray must be directed onto the material as it falls from the conveyer to
the stockpile in such a manner as to reduce the accumulation and dissemination
of dust.
R.
All standards set forth in this chapter shall apply to
all portions of the proposed licensed premises, whether resource extraction
began before or after the passage of this chapter.
Reclamation of the site shall be conducted in accordance with the reclamation
plan approved by the Township pursuant to this chapter.
All persons conducting resource extraction operations at the time of
adoption of this chapter shall conform to the standards and requirements set
forth herein upon the effective date of this chapter.
A.
No license issued under the terms of this chapter shall
be transferable in any manner whatsoever from the licensee to any other person
or legal entity.
B.
In the event that a change of 10% or more of the stock
ownership of a corporation or a change in the partnership ownership or structure
in the case of a partnership occurs, such change shall be deemed a transfer
of the license and such transfer of license shall require the approval of
the Township Committee.
A.
This chapter shall be enforced by the Township Administrator
who will investigate any alleged violation of this chapter. If the Township
Administrator finds a violation, the Township Administrator, on an emergency
basis, may immediately suspend the license issued under this chapter. Notice
may be oral, confirmed in writing. The suspensions shall continue until the
violation has been abated, but the Township Administrator shall afford a hearing
to the licensee if request is made within 10 days of notification of the violation.
The suspension shall continue pending the hearing.
B.
In addition and not by way of limitation, the Township
Administrator may suspend any license issued under this chapter for a violation
thereof upon 48 hours' written notice. Any suspension shall continue until
the violation has been abated.
C.
The Township Administrator may revoke the license if
there have been three suspensions during any twenty-four-month period. The
appeal of such revocation will be to the Township Committee, which shall conduct
a hearing. Any appeal from a license revocation by the Township Administrator
must be taken to the Township Committee within 30 days of receipt of notice
of revocation. The Township Committee shall schedule a hearing within 30 days
after receipt of the appeal.
D.
Notwithstanding any actions taken by the Township Administrator
with respect to suspension or revocation of a license, the Township Administrator
or his designee may prosecute a complaint for violation of this chapter in
Municipal Court.
[Amended 4-12-2006 by Ord. No. 20-2006]
Violation of any provision of this chapter shall, upon conviction thereof,
be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment
for a term not exceeding 90 days or by a period of community service not exceeding
90 days. Each day or portion thereof wherein a violation is found to have
occurred shall be deemed a separate violation for the purposes of this section.
