Township of Stafford, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Stafford 9-10-1985 by Ord. No. 85-75. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 10, Art. V.
Flood hazard areas — See Ch. 114.
Grading and drainage — See Ch. 118.
Land use and development — See Ch. 130.
Trees — See Ch. 194.
Zoning — See Ch. 211.

§ 181-1 Title.

[Amended 9-7-1999 by Ord. No. 99-33]
This chapter shall be known as the "Soil Removal/Resource Extraction Ordinance."

§ 181-2 Determinations.

[Amended 12-18-2007 by Ord. No. 2007-97; 3-18-2008 by Ord. No. 2008-41]
The governing body of the Township of Stafford has made the following determinations:
A. 
The unregulated and uncontrolled stripping, scraping, digging, extraction, moving, removal, relocation, filling, mining, quarrying and excavation of earth, sand, gravel, clay, loam, humus, rock, minerals, stone, dirt, soil or topsoil in, on or from lands within the boundaries of 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 stripping, scraping, removal, relocation, filling, mining, quarrying and excavation of earth, sand, gravel, clay, loam, humus, rock, minerals, stone, dirt, soil or topsoil in, on or from lands within the boundaries of the Township will create one 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 property; adverse or negative affects on endangered or threatened wildlife or plant species; 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, scraping, digging, extraction, moving, removal, relocation, filling, mining, quarrying and excavation 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 lands as well as to the health of the citizenry.

§ 181-3 Applicability.

[Amended 9-7-1999 by Ord. No. 99-33; 12-18-2007 by Ord. No. 2007-97; 3-18-2008 by Ord. No. 2008-41]
This chapter shall apply as follows:
A. 
No owner, operator, applicant, developer, excavator, subdivider or other person shall engage in resource extraction, as defined herein, on any property in the Township until obtaining a permit in accordance with the provisions of this chapter.
B. 
This chapter shall apply to all existing and proposed resource extraction, as defined herein, in the Township, including, but not limited to, the expansion or potential future expansion of existing and proposed resource extraction regardless of whether the existing or proposed resource extraction is a conforming use or a prior nonconforming use pursuant to the Township's Zoning Ordinance.[1] Each existing resource extraction in the Township shall file for the required permit within six months of the effective date of this chapter or when its current permit expires, whichever is later.
[1]
Editor's Note: See Ch. 211, Zoning.
C. 
This chapter shall not apply in the following situations:
(1) 
To the removal of soil, as defined herein, for building excavations, a private sewage disposal system or landscaping.
(2) 
To the plowing, spading, cultivation, harrowing or discing of soil or any resource extraction, as defined herein, associated with agricultural or horticultural purposes.
(3) 
To any resource extraction, as defined herein, for the purposes of soil and water conservation as defined or prescribed by the Soil Conservation Service[2] of the United States Department of Agriculture.
[2]
Editor's Note: The former Soil Conservation Service is now named the Natural Resources Conservation Service.
(4) 
To an application for a subdivision or site plan currently under review by a land use board.
D. 
Resource extraction permits are not required for proposed resource extraction, as defined herein, involving the removal of less than 1,000 cubic yards of soil or topsoil, as defined herein, from a property where the peculiar topographic conditions existing on the property make it unusable for the purpose for which it is zoned and where the removal of such soil or topsoil, where properly performed, may result in the benefit to the Township in the reclamation of the property for its zoned use.

§ 181-4 Definitions.

[Amended 9-7-1999 by Ord. No. 99-33; 12-18-2007 by Ord. No. 2007-97; 3-18-2008 by Ord. No. 2008-41; 2-18-2014 by Ord. No. 2014-02]
The following words shall have the following definitions in this chapter:
ACTIVE CELL
An area of land consisting of no more than 50 acres which is the subject of a resource extraction permit.
APPLICANT
An individual, partnership, limited liability corporation or corporate entity who applies for a resource extraction permit in the Township.
BUFFER
Land area used to separate one use from another or to shield or block noise, lights, or other nuisances.
COMPREHENSIVE ECOLOGICAL FEATURES PLAN
A site- or project-specific plan developed to limit adverse environmental impacts, to promote beneficial environmental impacts and to ensure that appropriate environmental management practices are followed during the construction or operation of a resource extraction project. The purpose and intent of a comprehensive ecological features plan shall be to establish an ecologically sensitive resource extraction operation that will preserve and enhance habitat for threatened or endangered species while allowing for the dedicated use of the land for resource extraction operations.
EXCAVATOR
Any person engaged in resource extraction from, in or upon any land in the Township.
HISTORIC RESOURCE EXTRACTION SITE
A minimum resource extraction site tract historically utilized for resource extraction purposes as established by the Zoning Board of Adjustment.
IMPERVIOUS COVERAGE
Any structure, surface or improvement that reduces and/or prevents absorption of stormwater into land. Porous paving, paver blocks, gravel, crushed stone, crushed shell, elevated structures (including boardwalks), and other similar structures, surfaces or improvements are considered impervious cover. Grass, lawns or any other vegetation is not considered impervious cover.
MINIMUM RESOURCE EXTRACTION SITE TRACT
A tract of contiguous land under common ownership located to the east of all lands utilized by the Garden State Parkway consisting of no less than 300 acres in area primarily used for resource extraction purposes for no less than 20 years.
NATIVE TOPSOIL
That topsoil first removed from a property during resource extraction.
RESOURCE EXTRACTION
The stripping, scraping, digging, extraction, moving, removal, relocation, filling, mining, quarrying or excavation of soil 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.
SOIL
Any earth, sand, gravel, clay, loam, humus, rock, minerals, stone or dirt, irrespective of the presence or absence of organic matter.
TOPSOIL
Soil that, in its natural state, constitutes the top layer of the earth, is composed of 2% or more weight of organic matter and has the ability to support vegetation. "Topsoil" shall also include the overburden stockpiled during clearing operations.

§ 181-5 Resource extraction permit procedures.

[Amended 9-7-1999 by Ord. No. 99-33; 12-18-2007 by Ord. No. 2007-97; 3-18-2008 by Ord. No. 2008-41]
A. 
All applications for resource extraction permits must be reviewed and approved by the Zoning Officer and the Township Engineer. In order for a permit application to be considered, the application, the application fees and all documents required by this chapter must be submitted to the Zoning Department. The Zoning Officer shall determine if the application is complete. An application shall be deemed complete upon the submission of all items set forth in § 181-5I.
B. 
Upon deeming the application complete, the Zoning Officer shall transmit copies of the application to the Township Engineer and the Township Environmental Commission for their review[1]. The Township Engineer shall report his findings in writing to the Zoning Officer within 30 days of the receipt of the application by the Township Engineer. The Environmental Commission shall also submit its recommendations on the application to the Zoning Officer within 60 days of the receipt of the application by the Environmental Commission; provided, however, if the Environmental Commission has not transmitted a recommendation within the sixty-day period, it shall be deemed to have taken no position with regard to the application.
[1]
Editor's Note: See Ch. 10, Boards and Commissions, Art. V, Environmental Commission.
C. 
The Zoning Officer, after reviewing the application and the reports and conducting the public hearing required pursuant to § 181-5J, shall grant or deny the issuance of the permit. Prior to the issuance of the permit, the Zoning Officer and the Township Engineer must find that all fees are paid, bonds are posted and other requirements are met; the Township Engineer and the Zoning Officer must sign the permit in order for the permit to become effective. In the event that the applicant is not satisfied with the Zoning Officer's determination, the applicant may seek the statutory remedies available.
D. 
No permit authorizing resource extraction shall be issued for any period exceeding two years unless a program extending the duration of such permit has been established by the applicant and approved by the Zoning Officer and the Township Engineer. Said program must comply with the provisions of § 181-5H. No permit for an extended duration shall be authorized for any period exceeding five years. No permit shall be renewed beyond said maximum five-year period without submission and approval of a new application. The renewal application must meet all the requirements specified in this chapter.
E. 
Plans submitted as part of the permit application shall be developed in accordance with the requirements of the Rules and Regulations for Pits and Quarries, N.J.A.C. 12.185 et seq.; Noise Control, N.J.A.C. 7:29 et seq.; the Mine Safety Act, N.J.S.A. 34:6-98.1 et seq.; and other such requirements that may be applicable. In the event that any such requirements are in conflict with the provisions of this chapter, the requirements of the applicable laws and regulations referenced hereinabove shall govern.
F. 
Any resource extraction must receive a soil erosion and sediment control permit from the Ocean County Soil Conservation District. No permit may be issued by the Township and no resource extraction may commence until a copy of the Ocean County Soil Conservation District permit has been filed with the Township Engineer and Zoning Officer.
G. 
Prior to the removal of any tree in connection with resource extraction, the resource extraction must receive a tree removal permit in accordance with Chapter 194 of the Township Code entitled "Trees." In the event of the continuation across the municipal boundary line of a lake approved by that adjoining municipality and created by resource extraction, and if the continuation of the lake in the Township is proposed in the reclamation plan required to be submitted under § 181-6EE, the reforestation requirements of Chapter 194 of the Township Code entitled "Trees" may be modified or waived by the Zoning Officer and the Township Engineer to be consistent with the creation of the proposed lake and the requirements of § 181-8.
H. 
Every permit shall be issued subject to the following conditions to ensure conformance with the approved permit:
(1) 
The permittee shall be required to certify in writing and on an annual basis to the satisfaction of the Zoning Officer that all resource extraction restoration and other activities have been and continue to be conducted in accordance with the approved permit.
(2) 
The permittee shall be required on an annual basis to submit to the Zoning Officer a certification of consistency of the environmental impact statement required by § 181-6GG.
(3) 
If the Zoning Officer determines that any activity deviates from an approved permit, the permittee shall be immediately notified of the deviation and take corrective action.
(a) 
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 the meeting to be held within 10 days of the notice, at which time the permittee shall present all relevant information concerning the deviation and the action taken or to be taken to correct it.
(b) 
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 the public health, safety or welfare. Such cessation shall continue until the deviation has been resolved to the satisfaction of the Zoning Officer or until an agreement to resolve the deviation has been reached.
(c) 
Any interested person who is aggrieved by any determination of the Zoning Officer pursuant to Subsection H(3)(b) above may appeal the Zoning Officer's determination in accordance with the statutory remedies available.
(d) 
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.
(4) 
The resource extraction shall comply with all applicable federal, state, county, and Township legal and regulatory requirements.
I. 
Checklist of submission requirements for a complete application.
(1) 
Requirements.
(a) 
An application form.
(b) 
Appropriate fees.
(c) 
Twelve copies of the site plan map drawn in accordance with the requirements of § 181-6.
(d) 
Five copies of the environmental impact statement prepared in accordance with § 181-6GG.
(e) 
One copy of tax certification.
(f) 
One copy of fee notice and agreement to pay same.
(g) 
One copy of affidavit or disclosure of ownership by the property owner, and by the applicant, if not the same.
(h) 
One copy of affidavit of noncollusion.
(i) 
The information required pursuant to § 181-6.
(2) 
An application shall be deemed complete upon the submission of all items listed above.
J. 
Within 90 days of the submission of a complete application, the Zoning Officer, with the Township Engineer in attendance, will conduct a public hearing. The applicant shall provide notice of the public hearing in the same manner as provided by N.J.S.A. 40:55D-12 for hearings under the Municipal Land Use Law that require public notice. At the public hearing, the applicant, as well as the public, shall be given an opportunity to present testimony. Within 10 days of the public hearing, the Zoning Officer shall either grant or deny the permit or request additional information deemed necessary as a result of the public hearing. In the event that additional information is requested, the Zoning Officer's final decision shall be held in abeyance until such time as the information is received. Once the information is received, the Zoning Officer shall render a decision within 10 days of receipt of same.

§ 181-5.1 Resource extraction permit overlay requirements.

[Added 2-18-2014 by Ord. No. 2014-02]
A. 
An applicant seeking a resource extraction permit that meets the following conditions shall only be required to meet the resource extraction overlay requirements of this chapter in order to obtain a resource extraction permit in the Township:
(1) 
The applicant's property must meet the definition of a minimum resource extraction site tract;
(2) 
The applicant's property must meet the definition of a historical resource extraction site;
(3) 
The applicant and the Township must enter into an agreement constituting a comprehensive ecological features plan that is approved by the Township Council.
B. 
All applications for resource extraction permits by those applicants that satisfy the resource extraction permit overlay requirements must be reviewed and approved by the Township Engineer. In order for a permit application to be considered, the application, the application fees and all documents required by this chapter must be submitted to the Township Engineer. The Township Engineer shall determine if the application is complete. An application shall be deemed complete upon the submission of all items set forth in § 181-51.
C. 
The Township Engineer shall grant the issuance of the resource extraction permit within 45 days of receipt of the complete application. Prior to the issuance of the resource extraction permit, the Township Engineer must find that all required fees are paid, required bonds are posted and other requirements are met; the Township Engineer must sign the resource extraction permit in order for it to become effective. In the event that the applicant is not satisfied with the Township Engineer's determination, the applicant may seek all statutory remedies available.
D. 
All permittees shall on nonrenewal years submit an annual status report ("annual report") by December 31 of each such year. The status report shall include the following:
(1) 
Status of restoration;
(2) 
Status and progress of resource extraction operation, including but not limited to areas worked, approximate amounts and types of materials removed (in cubic yards) and tree clearing;
(3) 
Status of the comprehensive ecological features plan;
(4) 
Any deviations from the issued resource extraction permit or special use permit;
(5) 
Any problems encountered in the past year and a summary of actions taken, for example, well problems, noise abatement, debris cleanup, subsurface problems, acts of God, air quality soil erosion measures and drainage.
E. 
An approved resource extraction permit shall be valid for five years. No resource extraction permit shall be issued for any period exceeding five years. No permit shall be renewed beyond said maximum five-year period without submission and approval of a new application. The renewal application must meet all the requirements specified in this chapter.
(1) 
A resource extraction permit issued under this chapter may be renewed under the following conditions:
(a) 
If the appropriate fees for such permit are tendered with the application;
(b) 
The applicant is not in violation of the terms of this chapter at the time of the renewal application;
(c) 
If the applicant submits the information, a map or maps as described in this chapter. Said maps should reflect the proposed changes in elevation and other topography as a result of the mining or extraction during the renewal period;
(d) 
If the applicant has complied with the requirements of this chapter relating to grading, seeding and reforestation of that area of the site that has been excavated or mined;
(e) 
If all current taxes on the site for which permit renewal is sought have been paid;
(f) 
If the applicant is not in violation of any state, county or municipal law, ordinance or health regulation as a result of any activity or operation under this chapter;
(g) 
If the applicant is in compliance with the requirements for insurance under this chapter;
(h) 
If the applicant is in compliance with the requirements for a bond under this chapter;
(i) 
If all fees and charges due to the Township as a result of operations by the applicant under this chapter have been paid;
(j) 
If all deviations from the resource extraction permit have been reported.
(2) 
An applicant seeking renewal of a resource extraction permit shall make application to the Township Engineer at least 60 days prior to expiration of the current resource extraction permit. The Township Engineer shall review the application and grant the issuance of the resource extraction permit within 45 days of receipt of a complete renewal application.
F. 
Plans submitted as part of the resource extraction permit application shall be developed in accordance with the requirements of the Rules and Regulations for Pits and Quarries, N.J.A.C. 12:185 et seq.;[1] Noise Control, N.J.A.C. 7:29 et seq.;[2] the Mine Safety Act, N.J.S.A. 34:6-98.1 et seq.; and other such requirements that may be applicable. In the event that the resource extraction operations of any permittee negatively impact the drinking wells of any adjoining property owner, the permittee shall investigate and, if necessary, repair and restore the wells to their condition prior to the negative impacts of the resource extraction operation. The permittee shall provide a report regarding the impacts and repairs to the Township Engineer.
[1]
Editor's Note: See N.J.A.C. 12:185-1.1 et seq.
[2]
Editor's Note: See N.J.A.C. 7:29-1.1 et seq.
G. 
Any resource extraction must receive a soil erosion and sediment control permit from the Ocean County Soil Conservation District. No resource extraction permit may be issued by the Township and no resource extraction may commence until a copy of the Ocean County Soil Conservation District permit has been filed with the Township Engineer.
H. 
Prior to the removal of any tree in connection with resource extraction, the excavator must receive a tree removal permit in accordance with Chapter 194 of the Township Code entitled "Trees." The requirements of this subsection shall be waived for any applicant or excavator that has entered into a comprehensive ecological features plan approved by the Township Committee.
I. 
Applications for a resource extraction permit hereunder shall be made on a form furnished by the Township, which form shall be executed by the applicant and submitted in triplicate with the appropriate fee to the Township Clerk. The application shall include the following information:
(1) 
Requirements.
(a) 
The applicant's name and address and interest in the subject property.
(b) 
The property 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, that is, block and lot number, and the street address, if any, of the subject property.
(d) 
Certification that current taxes have been paid for the premises.
(e) 
The boundary lines of the whole tract of land within which the proposed mining or other activity hereunder will take place.
(f) 
Exterior lines or limits of the proposed active cell, showing the location any markers set on the ground to define said limits. The active cell shall not include the area of any processing facility and stockpiling.
(g) 
The lot and block numbers of all adjoining lands as shown on the official Tax Map and an identification of the owners thereof.
(h) 
The existence of any permanently established elevation bench mark or marks approved by the Township Engineer.
(i) 
Contour lines showing elevations of the proposed resource extraction site at the time of the application.
(j) 
Contour lines showing proposed elevations planned for the extraction and removal of any natural mineral substance.
(k) 
The active cell shall not in any one license term exceed 50 acres.
(l) 
The locations of all access roads and other roads adjoining the property.
(m) 
The location and inclination of all slopes created by the extraction or excavation, including proposed finished grades to the mined area.
(n) 
A description and details of proposed rehabilitation, stabilization and reforestation of the mined area.
(o) 
A copy of the applicant's submission(s) to the Mine Safety and Health Administration (MSHA) and other governmental agencies having jurisdiction regarding details of proposed safety measures to be taken during operations.
(p) 
Certificate of insurance.
(q) 
Certification of payment of all appropriate fees.
(r) 
One copy of fee notice and agreement to pay same.
(s) 
One copy of affidavit or disclosure of ownership by the property owner and by the applicant, if not the same.
(t) 
One copy of affidavit of noncollusion.
(u) 
Approximate location of residential dwellings where existing. If no dwellings and/or wells exist within a one-half-mile radius of the proposed mining area, a note on the map should so state.
(2) 
An application shall be deemed complete upon the submission of all items listed in Subsection I(1) of this section.
J. 
The Township Engineer shall consider the following factors in evaluating a resource extraction permit application:
(1) 
Public health, safety and welfare.
(2) 
Drainage.
(3) 
Soil fertility.
(4) 
Grades and elevations of adjoining streets and lands.
(5) 
Soil erosion.
K. 
Application fee.
(1) 
At the time a resource extraction permit application or a renewal application is made, a fee for application review shall be paid to the Township. The following application fee schedule in Subsection K(1)(a) of this section will apply:
(a) 
Fee schedule.
Area
(cubic yards)
Fee
0 to 10,000 or part thereof
$500
10,001 to 50,000
$1,000
50,001 to 500,000
$2,000
500,001 to 1,000,000
$3,000
1,000,001 or more
$4,000
(2) 
The application fee in accordance with the above schedule shall be posted with the Township Clerk or Chief Financial Officer. No resource extraction operations may begin prior to posting of the appropriate application fees.
(3) 
All application fees shall be the responsibility of the applicant.
(4) 
The application fee is nonreturnable if the application for the permit is denied by the Township Engineer. Application fees will be returned to the applicant if the application is withdrawn.
(5) 
The application fee determined for a resource extraction permit renewal shall be based upon the actual amount of soil removed pursuant to the prior resource extraction permit. If the previous fee was excessive for the actual amount of soil removed, then a credit shall be applied towards the resource extraction permit renewal application fee.
L. 
Inspection fee.
(1) 
An inspection fee escrow will be established at the beginning of each resource extraction permit period to cover the cost of the inspection and enforcement of the provisions of this chapter. The inspection fee schedule in Subsection L(1)(a) below will apply:
(a) 
Inspection fee schedule.
Area
(cubic yards)
Fee
0 to 10,000 or part thereof
$2,000
10,001 to 50,000
$4,000
50,001 to 500,000
$8,000
500,001 to 1,000,000
$12,000
1,000,001 or more
$15,000
(b) 
All inspection fees shall be the responsibility of the permittee. At no time shall the inspection fee escrow as defined in this section fall below $1,000. If said inspection fee escrow falls below $1,000, the permittee shall be required to redeposit 50% of the original escrow amount.
(2) 
Inspection fees calculated in accordance with the fee schedules of this chapter shall be posted with the Township Clerk or Chief Financial Officer. No resource extraction operations may begin prior to posting of the appropriate inspection fees.
(3) 
Upon application for a renewal or termination of a permit issued in accordance with this chapter, the remaining inspection fee shall be considered for reimbursement. The amount of reimbursement, if approved by the Township Council, shall not exceed the amount expended for inspections, enforcement and administrative services related directly to the permit.
M. 
Bonds.
(1) 
Prior to the issuance of any resource extraction permit or renewal of a resource extraction permit under this chapter, the applicant shall submit a bond in an amount approved by the Township Engineer, wherein the owner, if not the applicant, and applicant is principal and a bonding or insurance company licensed to do business in New Jersey are surety. Said bond shall run to the Township of Stafford in the County of Ocean and State of New Jersey, its successors or assigns and shall be conditioned for the faithful performance of the conditions of this chapter.
(2) 
Except as hereinafter provided, the actual amount of the bond of the applicant shall be such amount as is approved by the Township Engineer, but in no case more than $5,000 per acre or fraction thereof multiplied by the total number of acres within the proposed active cell, which shall not exceed 50 acres. No bonding shall be required for any acreage within any active cell which does not require topsoil, seeding and/or fertilizing, that is, acreage covered by a natural or artificial body of water.
(3) 
All bonds must be approved by the Township Attorney.
N. 
Liability insurance. The applicant shall provide, not later than 10 days after approval, a certificate of general liability insurance issued to the applicant wherein the Township is named as coinsured 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 $1,000,000.
O. 
Enforcement. 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 Council, inspect the property for which permits have been granted to ensure compliance with the terms of the permit of this chapter. He shall report all violations to the Township Council and take any action deemed necessary under the circumstances.
P. 
Payment of Township Engineer. The Township Engineer shall be paid for his services on an hourly basis out of the inspection fee escrow fund. The Township Engineer's review and enforcement fees for each resource extraction permit shall be calculated at a reasonable time and rate. Such fees will not exceed $3,000 in total in any individual resource extraction permit year. Any fines assessed against any excavator pursuant to Subsection S of this section shall be excluded from the fee limitations of this section. In the event that additional engineering inspections are required as a result of violations of this chapter, the costs for those additional engineering inspections shall be excluded from the fee limitations of this section.
Q. 
Inspection. 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 resource extraction is being conducted, in order to examine and inspect the land and the resource extraction. Sites shall be inspected and a report will be filed with the Township Council once a year.
R. 
Revocation of permit. The Township Engineer may, upon written notice, revoke the resource extraction permit for violation of this chapter, provided that the permittee have 48 hours from receipt of the written violation notice to cure the alleged violation with the Township Engineer prior to the revocation becoming effective. The minimum revocation period shall be for a period of 10 calendar days. Should the revocation become effective, 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.
S. 
Violations and penalties.
(1) 
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 $100 nor more than $1,000, as determined by the Municipal Court Judge. 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.
(2) 
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.

§ 181-6 Application and site plan requirements.

[Amended 9-7-1999 by Ord. No. 99-33; 11-1-2004 by Ord. No. 2004-86; 12-18-2007 by Ord. No. 2007-97; 3-18-2008 by Ord. No. 2008-41]
An application submitted pursuant to this chapter shall include at least the information listed below. The applicant shall file with the Zoning Officer one application form addressing the items listed below; 12 copies of a site plan map prepared in accordance with the requirements specified under Chapter 130, Land Use and Development, Part 2, Development Regulations; and the fees specified in § 181-9A. In addition, the applicant must file the soil erosion and sediment control permit issued by the Ocean County Soil Conservation District. An applicant shall not be required to submit a mapping or other form of topographic description of the grading, elevation contours or topography of the subject parcel more than once every three years in connection with any resource extraction or development of an open space/recreation open space tract in a Low-Density Rural Residential/Recreation Open Space Zone (RA-5/ROS).
A. 
The applicant's name and address and interest in the subject property.
B. 
The property 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 Resource Extraction Site Base Map, at a scale of no less than one inch equals 200 feet, showing the subject property and an area of at least 200 feet beyond each boundary of the subject property in all directions; ownership boundary lines; the boundary of the proposed resource extraction; owners of holdings, if any, adjoining and adjacent to the subject property; all existing and proposed buildings, structures and facilities; all proposed development; all public streets, roads and highways; all existing and proposed access and haul roads; all wetlands, rivers and streams, including intermittent streams; and all existing and proposed ponds, lakes or other water bodies.
F. 
A soils map, including a county soils survey, in conformance with the guidelines of the United States Department of Agricultural Soil Conservation Service,[1] at the same size and scale as the Resource Extraction Site Base Map, delineating all soil series at an appropriate level of detail.
[1]
Editor's Note: The former Soil Conservation Service is now named the Natural Resources Conservation Service.
G. 
For resource extraction in the Pinelands Area, a resource capability map, at the same size and scale as the Resource Extraction Site Base Map, indicating the cumulative limitations to resource extraction due to the standards and guidelines contained in the Pinelands Comprehensive Management Plan.
H. 
A map, at the same size and scale as the Resource Extraction Site Base Map, showing existing vegetation, indicating the existing foliage and vegetation on the tract and the location, species, height and caliper of any specimen trees as defined under Chapter 194 of the Township Code entitled "Trees."
I. 
A map, at the same size and scale as the Resource Extraction 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 any recharge areas, 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 resource extraction in any Pinelands Management Area, the cultural resource survey described in N.J.A.C. 7:50-6.155.
L. 
For resource extraction subject to the Pinelands Comprehensive Management Plan, either a certificate of completeness pursuant to N.J.A.C. 7:50-4.15 or a Certificate of Filing pursuant to N.J.A.C. 7:50-4.34 and a copy of the complete application.
M. 
Documents evidencing the registration of the proposed resource extraction and subject property with the New Jersey Department of Labor and Industry, Bureau of Mine Safety, if required.
N. 
A list of all permits and approvals required to comply with all applicable federal, state, county and Township legal and regulatory requirements.
O. 
A topographic map, at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property.
P. 
A United States Geological Survey quadrangle map showing the dimensions of the property and an area of at least 1,000 feet beyond such boundary in all directions.
Q. 
The location, size and intended use of all existing and proposed buildings and equipment, whether permanent or temporary.
R. 
A plan showing the location of all points of vehicular ingress and egress to and from the subject property onto public streets, roads and highways, and the profile, design and location of all existing and proposed access roads, haul roads, driveways and curb cuts, including any necessary devices to prevent a hazardous traffic situation.
S. 
The location of all existing and proposed streets, roads, highways, and rights-of-way, including internal roadways, parking areas, railroad rights-of-way, excluding those included within the area for proposed resource extraction.
T. 
Copies of any executed access agreements required for the resource extraction to have a direct means of access to a dedicated public street, road or highway.
U. 
A traffic study that includes the anticipated traffic impacts of the resource extraction on public streets, roads and highways surrounding the subject property.
V. 
If applicable, evidence that the New Jersey Department of Environmental Protection has declared the permit application submitted pursuant to the Costal Permit Program Rules, N.J.A.C. 7:7-1.1 et seq., complete for final review and a copy of such complete application.
W. 
The location of all actual and proposed stockpile areas.
X. 
The location and message to be shown on all signs, including signs required by N.J.A.C. 12:185-10.4.
Y. 
The location of all existing fencing and fencing proposed to be constructed during the permit period.
Z. 
The location and direction of illumination, power, and type of exterior lighting, including times when the lighting is used.
AA. 
The location and type of existing and proposed buffer areas.
BB. 
A resource extraction schedule pursuant to § 181-7I, along with a map demonstrating the location of all proposed resource extraction, year by year, during the permit period and throughout the proposed period of time for the resource extraction.
CC. 
A plan showing existing and proposed noise contours and indicating the methods to be used to comply with the Township's noise standards.[2]
[2]
Editor's Note: See Ch. 142, Noise.
DD. 
A maintenance plan for any pond or lake created by resource extraction prepared by a New Jersey licensed engineer to assure the viability of the pond or lake.
EE. 
A reclamation plan which either:
(1) 
Provides that the applicant will continue across a municipal boundary line a lake approved by that adjoining municipality and created by resource extraction, and includes the following information:
(a) 
The proposed grading and final elevations consistent with § 181-7H and § 181-8D and E;
(b) 
The proposed areas of reforestation or planting within the buffer areas required by § 181-7A and the side slopes required by § 181-7H and § 181-8E;
(c) 
The type, quantity and age of vegetation to be used, as well as topsoil material application and preparation;
(d) 
The proposed schedule of restoration, year by year, consistent with the requirements of § 181-7B that each fifty-acre tract shall be completely restored within three years of the completion of the resource extraction in the tract in accordance with the restoration standards as set forth in § 181-8;
(e) 
The method and proposed locations within the Township for stockpiling soil, as well as the method of removal of stockpiled materials and restoration of those areas at the completion of the resource extraction or any phase thereof;
(f) 
The tree removal and resource extraction schedule, year by year, consistent with the requirements of § 181-7B that resource extraction shall occur on a phased basis limited to fifty-acre tracts at one time, and § 181-7K that unreclaimed clearing for resource extraction shall not exceed 150 acres at any time;
(g) 
The proposed final limits of disturbance for each phase of the resource extraction and at the completion of the resource extraction and completion of the restoration;
(h) 
Fertilizer application, including method and rates; and
(i) 
Maintenance requirements schedule; or
(2) 
If the reclamation plan does not seek to continue a lake across a municipal boundary, includes the following information:
(a) 
The proposed grading and final elevations;
(b) 
The proposed areas of reforestation and planting;
(c) 
The type, quantity and age of vegetation to be used, as well as topsoil material application and preparation;
(d) 
The proposed schedule of restoration, year by year, consistent with the requirements of § 181-7B that each twenty-acre tract shall be completely restored within three years of the completion of the resource extraction in the tract in accordance with the restoration standards as set forth in § 181-8;
(e) 
The method of stockpiling topsoil and overburden, as well as the removal of stockpiled material and restoration of those areas at the completion of the resource extraction or any phase thereof;
(f) 
The tree removal and resource extraction schedule, year by year, consistent with the requirements of § 181-7B that resource extraction shall occur on a phased basis limited to twenty-acre tracts at one time, and § 181-7K that unreclaimed clearing for resource extraction shall not exceed 150 acres at any time;
(g) 
The proposed final limits of disturbance for each phase of the resource extraction and at the completion of the resource extraction and completion of the restoration;
(h) 
Fertilizer application, including method and rates; and
(i) 
Maintenance requirements schedule.
FF. 
An estimate in cubic yards of the quantity of soil and topsoil to be removed.
GG. 
An environmental impact statement in accordance with § 130-94 of the Township Code.[3]
[3]
Editor's Note: See Ch. 130, Land Use and Development, § 130-94, Environmental impact assessment.
HH. 
A map, at the same size and scale as the proposed Resource Extraction Site Base Map, showing endangered or threatened wildlife and plant species habitat on the subject property, and an area of at least 1,000 feet beyond such boundary in all directions. Mapped areas for plant and wildlife habitat shall be based upon the documented presence of endangered or threatened plant species listed at N.J.A.C. 7:50-6.27, areas shown as endangered or threatened wildlife species habitat on the New Jersey Department of Environmental Protection's Natural Heritage Database, the New Jersey Landscape Project Map and/or the U.S. Fish and Wildlife Survey.
II. 
An endangered or threatened wildlife or plant species habitat impact assessment and an endangered or threatened wildlife species habitat evaluation when the property contains or abuts areas with the documented presence of endangered or threatened plant species listed at N.J.A.C. 7:50-6.27, areas mapped as endangered or threatened wildlife species habitat on the New Jersey Department of Environmental Protection's Natural Heritage Database, the New Jersey Landscape Project Map and/or the U.S. Fish and Wildlife Survey.
(1) 
The impact assessment is required to address how the endangered or threatened wildlife or plant species habitat will be affected by the proposed resource extraction either directly or through secondary impacts on the relevant property or in the surrounding area.
(2) 
Impact assessments shall be conducted for each endangered or threatened wildlife or plant species. The impact assessment shall consider the likely effects of the proposed resource extraction on the local populations of the particular species on or abutting the property. The impacts shall be assessed using accepted ecological principles and scientific literature on each species and both direct and indirect impacts of the proposed resource extraction shall be considered. This assessment shall be based on habitat requirements and life history of each species, and the manner in which the proposed resource extraction may alter habitat, including, but not limited to, vegetation, soils, hydrology, human disturbance, and effects on competitor, parasite, or predator species.
(3) 
The required information for conducting an impact assessment shall demonstrate the following:
(a) 
How the proposed resource extraction will affect the population(s) or habitat of endangered or threatened wildlife species that resulted in identification of the property, or an area abutting the property, as endangered or threatened wildlife species habitat.
(b) 
How the proposed resource extraction will affect the population(s) or habitat of endangered or threatened plant species documented to be on the property or a portion of the property or on an area abutting the property.
(4) 
Habitat evaluations for endangered or threatened wildlife species shall be conducted for each wildlife species and shall:
(a) 
Use scientific methodology appropriate for each species or species group;
(b) 
Examine specific attributes and characteristics of the property that limit or eliminate its suitability as habitat, including, but not limited to, an examination of vegetative cover, soils, hydrology, existing land use and any other factors that are used to determine suitability of a property for the species. The property's vegetative analysis shall include an on-site investigation and evaluation; and
(c) 
Include an examination of the area surrounding the property using aerial photographs and/or appropriate cover maps.
(5) 
A survey for the endangered or threatened wildlife species that resulted in identification of the property, a portion of the property, or an area abutting the property, as endangered or threatened wildlife species habitat will only be considered in the context of supplementing information on habitat suitability. If such a survey is conducted, it shall be conducted consistent with techniques established in scientific literature.
(6) 
All habitat evaluations and impact assessments shall include:
(a) 
An introduction describing the goals of the habitat evaluation and/or impact assessment.
(b) 
A copy of the U.S. Geological Survey quad map(s) showing the location of the property, with the state plane coordinates of the property. The accuracy of these coordinates shall be within 50 feet of the actual center point of the property. For linear properties, 2,000 feet in length and longer, additional coordinates shall be provided at each one-thousand-foot interval.
(c) 
The lot, block, municipality and county in which the property is located.
(d) 
A map identifying the property, and the areas mapped as endangered or threatened plant species listed at N.J.A.C. 7:50-6.27 and/or wildlife species habitat on the New Jersey Department of Environmental Protection's Natural Heritage Database, the New Jersey Landscape Project Map, and/or the U.S. Fish and Wildlife Survey on site and abutting the property, along with a list of the endangered or threatened species that resulted in the mapping of endangered or threatened species habitat.
(e) 
A description of the habitat requirements for each of these species identified at Subsection II(6)(d) above, including appropriate literature citations.
(f) 
The names and qualifications of all investigators who performed habitat evaluations, species surveys, and/or impact assessments.
(g) 
For wildlife habitat evaluations only, a narrative, including supporting documentation, including maps, photographs and field logs, which contains the following:
[1] 
A description, for each species, of the findings of the habitat evaluation performed.
[2] 
If a survey was conducted in accordance with Subsection II(5) above, literature citations for the methodology used and a description of how the methodology was applied to the survey, giving the following information: surveyor's name(s), dates and times surveys were performed, number of samples, and number of replications. This information shall be provided for each species surveyed.
[3] 
A comparison of the findings of the habitat evaluation with the known habitat requirements for each species, as provided at Subsection II(6)(e) above, and a description of the specific attributes and characteristics of the property that limit or eliminate the property's suitability as habitat.
(h) 
For impact assessments only, a narrative, including supporting documentation, such as maps and photographs, which contains the following:
[1] 
A description for each species, of how the proposed resource extraction will alter habitat, including vegetation, soils, hydrology, human disturbance, and effects on competitor, parasite, or predator species. The impact assessment shall describe the likely affects of the proposed resource extraction on the local populations of the particular species on or abutting the property and how the proposed resource extraction will either directly or through secondary impacts affect each endangered or threatened species habitat; and
[2] 
Literature citations used to reach the conclusions in Subsection II(6)(h)[1] above.

§ 181-7 Resource extraction standards.

[Amended 9-7-1999 by Ord. No. 99-33; 11-1-2004 by Ord. No. 2004-86; 12-18-2007 by Ord. No. 2007-97; 3-18-2008 by Ord. No. 2008-41]
A complete application submitted pursuant to this chapter shall be approved only if the applicant can demonstrate that the proposed resource extraction:
A. 
Buffers.
[Amended 6-29-2009 by Ord. No. 2009-29]
(1) 
Is designed so that no area of resource extraction, sedimentation pond, storage area, equipment or machinery or other structure or facility is closer than:
(a) 
Five hundred feet to any property line, except that if the applicant owns two adjacent lots to be used as an area of resource extraction, sedimentation pond, storage area, equipment or machinery or other structure or facility, no buffer shall be required for that portion of the common boundary line between the two such adjacent lots;
(b) 
Three hundred feet to any property line if the abutting property is zoned Preservation Zone (P) or National Wildlife Refuge Zone (W);
(c) 
Three hundred feet to any haul roads adjacent to a lot in a residential zone, with the exception of lots which are located within Blocks 129 or 130.01 as shown on the Township Tax Maps and lots which are owned by the state, the county, the Township or used for a public purpose;
(d) 
Two hundred fifty feet to any haul roads adjacent to lots which are owned by the state, the county, the Township or used for a public purpose;
(e) 
One hundred fifty feet to golf course access roads adjacent to a lot in a residential zone, with the exception of lots which are located within Blocks 124, 125, 129 or 130.01 as shown on the Township Tax Map;
(f) 
Fifty feet to any golf course access roads from lots which are located within Blocks 124, 125, 129 or 130.01 as shown on the Township Tax Maps; and
(g) 
One hundred feet to the right-of-way of the Garden State Parkway.
(2) 
Each of the required buffers must be all natural, vegetative buffers and must be sufficient to substantially eliminate any visual or noise impact and must meet the criteria of Chapter 142 and § 130-60 of the Township Code.[1] Except as to the buffer referenced in § 181-7A(1)(g) above, if, in the opinion of the Zoning Officer and the Township Engineer, the required buffer is insufficient to satisfy these requirements, the buffer must be increased to meet said criteria to the satisfaction of the Zoning Officer and the Township Engineer. If the applicant owns two adjacent lots to be used as an area of resource extraction, sedimentation pond, storage area, equipment or machinery or other structure or facility, the Zoning Officer and the Township Engineer shall not create or impose any buffer for that portion of the common boundary line between the two such adjacent lots. All road setbacks, where required, shall be measured from the edge of pavement, and all adjacent buffering and/or utility improvements, including but not limited to improvements such as grading, drainage swales, earth and berms, fencing or landscape planting buffers, may be placed within the setback area. In the event of the continuation across the municipal boundary line of a lake approved by that adjoining municipality and created by resource extraction, and if the continuation of the lake in the Township is proposed in the reclamation plan required to be submitted under § 181-6EE, the buffer requirements of § 181-7A shall be modified by the Zoning Officer and the Township Engineer to 1) eliminate any buffer requirement along the municipal boundary line, and 2) permit within the buffer a graded shoreline with a slope not to exceed one foot vertical to five feet horizontal from the edge of the lake using the average water level in the lake.
[1]
Editor's Note: See Ch. 142, Noise, and Ch. 130, Land Use and Development, § 130-60, Miscellaneous performance standards.
B. 
Occurs on a phased basis, limited to twenty-acre tracts at one time, and each twenty-acre tract shall be completely restored within three years of the completion of resource extraction in accordance with the restoration standards as set forth in § 181-8. In the event of the continuation across the municipal boundary line of a lake approved by that adjoining municipality and created by resource extraction, and if the continuation of the lake in the Township is proposed in the reclamation plan required to be submitted under § 181-6EE, the buffer requirements of § 181-7A may be modified by the Zoning Officer and the Township Engineer to permit resource extraction on a phased basis, limited to fifty-acre tracts at one time, but requiring that each fifty-acre tract shall be completely restored within three years of the completion of the resource extraction operations in accordance with the restoration standards as set forth in § 181-8.
C. 
Provides that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion. All existing native topsoils stripped from the site must be maintained on site and utilized in the site's restoration. No existing native topsoils shall be removed from the site unless excess topsoil is created by the excavation of a pond or lake, as certified by the Township Engineer.
D. 
Is fenced or blocked so as to prevent unauthorized entry into the resource extraction through access roads.
E. 
Provides ingress to and egress from the resource extraction from public roads:
(1) 
If located within the Pinelands Area, by way of gravel or porous roadways; or
(2) 
If not within the Pinelands Area, and if within 400 feet of any existing residential use, by way of bituminous pavement that extends at least 400 feet from the roadway into the resource extraction site.
F. 
Is designed so that the surface runoff will be maintained on the property in a manner that will provide for on-site recharge to groundwater.
G. 
Will not involve resource extraction to within three feet of the seasonal high water table unless the resource extraction will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the area in which the site is located. Resource extraction may be permitted into or below the seasonal high water table, provided that the applicant demonstrates to the Township Engineer that extraction into or below the seasonal high water table will result in no significant hydrological impact relative to on-site or off-site areas. Such impacts shall be substantiated by an expert report to be submitted by the applicant. Said expert report shall provide a detailed summary of the site geologic and hydrogeologic conditions, evaluation of potential off-site impacts, including and not limited to groundwater monitoring and modeling, and development of a detailed monitoring plan, including schedule, to evaluate/monitor the effect of proposed resource extraction on adjacent properties.
H. 
Will not create ponds or lakes that are less than five acres in size, and any ponds or lakes created by resource extraction shall have:
(1) 
Side slopes not to exceed one-foot vertical to five feet horizontal above the water level;
(2) 
A twenty-five-foot-wide safety ledge located one foot below the water level that is established along the perimeter of the pond or lake; and
(3) 
Side slopes not to exceed one-foot vertical to five feet horizontal extending below the safety ledge.
I. 
Will be carried out in accordance with a resource extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time that each twenty-acre section of the parcel will be worked. In the event of the continuation across the municipal boundary line of a lake approved by that adjoining municipality and created by resource extraction, and if the continuation of the lake in the Township is proposed in the reclamation plan required to be submitted under § 181-6EE, the restriction to twenty-acre parcels may be modified by the Zoning Officer and the Township Engineer to permit resource extraction on a fifty-acre parcel, but to be carried out in accordance with a resource extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each fifty-acre section of the parcel will be worked.
J. 
Will involve restoration of disturbed areas at the completion of the resource extraction in accordance with the requirements of § 181-8, and the implementation of the restoration is secured by a surety or restoration performance bond.
K. 
Will not involve clearing adjacent to ponds or lakes in excess of five acres or an area necessary to complete scheduled resource extraction, or will not involve unreclaimed clearing exceeding 150 acres or 50% of the area for proposed resource extraction, whichever is more restrictive, for resource extraction at any time. In the event of the continuation across the municipal boundary line of a lake approved by that adjoining municipality and created by resource extraction, and if the continuation of the lake in the Township is proposed in the reclamation plan required to be submitted under § 181-6EE, the requirements of § 181-7K may be modified by the Zoning Officer and the Township Engineer to eliminate the prohibition against clearing adjacent to the lake.
L. 
Conforms with the impervious cover limits consistent with state planning areas established though the endorsement of the Township's petition for plan endorsement pursuant to the table below:
Site Location
Impervious Coverage Percentage
Regional center
80%
Rural planning area (Planning Area 4) or environmentally sensitive area (Planning Area 5)
3%
M. 
Tree preservation and planting percentages.
(1) 
Conforms with the tree preservation and planting percentages for forested and unforested sites in accordance with the table below:
Site Location
Tree Preservation Percentage for Forested Portion of the Site
Tree Preservation and/or Planting Percentage for Unforested Portion of the Site
Regional center
10%
0%
Rural planning area (Planning Area 4) or environmentally sensitive area (Planning Area 5)
70%
5%
(2) 
In the event of the continuation across the municipal boundary line of a lake approved by that adjoining municipality and created by resource extraction, and if the continuation of the lake in the Township is proposed in the reclamation plan required to be submitted under § 181-6EE, the requirements of § 181-7M may be waived or modified by the Zoning Officer and the Township Engineer so that the required tree preservation percentage and/or planting percentage is proportionate to the forested and unforested portions of the site that will not be excavated by resource extraction for the creation of the lake.
N. 
Will create temporary slopes that shall be graded to a one-foot vertical to three-foot horizontal slope if the resource extraction ceases for more than two weeks.
O. 
Will institute dust control measures that will ensure compliance with all federal, state, county and Township legal and regulatory requirements.
P. 
Will have a direct means of access to a dedicated public street, road or highway as approved by the Township Engineer and the Zoning Officer, and if such access requires traveling through properties outside the resource extraction tract, that access easements have been secured from the property owners through whose land access is required.
Q. 
Will provide for the construction and maintenance of a safe, adequate, all-weather access road of sufficient width to allow safe, simultaneous two-way travel of trucks and resource extraction equipment.
R. 
Will maintain all access and haul roads leading to resource extraction areas from the public streets, roads and highways and from resource extraction areas to the public streets, roads and highways in a safe and usable condition for public use.
S. 
Will provide that all resource extraction access and haul roads shall be properly maintained to eliminate dust or mud conditions and specify the environmentally acceptable dust palliative measures to be utilized (which may not include the use of road oiling or calcium chloride).
T. 
Will maintain a safe traffic flow on the resource extraction site, the access and haul roads to the resource extraction areas and at the point or points at which the access and haul roads enter any public street, road or highway.
U. 
Will provide that appropriate signs, as approved by the Township Engineer, shall be placed along the public streets, roads and highways warning approaching motorists of the intersection of the access and haul roads with the public street, road or highway and of heavy truck traffic entering the public street, road or highway.
V. 
Will provide for the immediate cleanup of any soil spilled on the public streets, roads or highways onto which the resource extraction access or haul roads enter.
W. 
Will provide access to the resource extraction solely by means of the access and haul roads as shown on the Resource Extraction Site Base Map and that all other possible means of access shall be fenced or blocked to prevent unauthorized entry.
X. 
Will provide that the stormwater runoff characteristics of the site shall conform to § 130-74 of the Township Code entitled "Stormwater management application," the Ocean County Soil Conservation permit requirements, inclusive of maintaining all stormwater runoff on site, and be designed in such a way that they will not adversely impact designated wetlands on or off site.
Y. 
Will not i) adversely affect the endangered or threatened wildlife or plant species habitat directly or through secondary impacts on the relevant site or in the surrounding area; ii) negatively affect the population(s) or habitat of endangered or threatened wildlife species that resulted in identification of the site, or an area abutting the site, as endangered or threatened wildlife species habitat; or iii) negatively affect the population(s) or habitat of endangered or threatened plant species documented to be on site or a portion of the site or on an area abutting the site. The requirements of § 181-7Y shall only apply if the owner or applicant is not required to obtain a permit pursuant to N.J.S.A. 13:19-1 et seq. or is not required to submit an application for development pursuant to N.J.A.C. 7:50-4.14 or N.J.A.C. 7:50-4.33.
Z. 
Will be in compliance with all applicable federal, state, county and Township legal and regulatory requirements.

§ 181-8 Restoration standards.

[Amended 9-7-1999 by Ord. No. 99-33; 12-18-2007 by Ord. No. 2007-97; 3-18-2008 by Ord. No. 2008-41]
All parcels of land which are used for resource extraction shall be restored as follows:
A. 
Each twenty-acre section of the parcel shall be restored such that ground cover will be established within two years and tree cover will be established within three years after resource extraction is completed for that portion and the side slopes and buffer areas for that portion are final graded and ready for final restoration. In the event of the continuation across the municipal boundary line of a lake approved by that adjoining municipality and created by resource extraction, and if the continuation of the lake in the Township is proposed in the reclamation plan required to be submitted under § 181-6EE, the requirements of § 181-8A may be modified by the Zoning Officer and the Township Engineer to require that each fifty-acre section of the parcel shall be restored such that ground cover in the buffer areas and on side slopes will be established within two years and tree cover in the buffer areas will be established within three years after resource extraction is completed for that portion and the side slopes and buffer areas for that portion are final graded and ready for final restoration.
B. 
Restoration shall proceed in the same sequence and time frame set out in the resource extraction schedule required in § 181-7B.
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 was initiated.
D. 
The slope of the surface of restored upland areas shall not exceed one-foot vertical to three feet horizontal.
E. 
Any pond or lake created by resource extraction shall have a graded shoreline with a slope not to exceed one foot vertical to five feet horizontal from the edge of the pond or lake using the average water level in the pond or lake.
F. 
Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction was initiated. All existing native topsoils stripped from the site must be maintained on site and utilized in the site's restoration. No existing native topsoils shall be removed from the site unless excess topsoil is created by the excavation of a pond or lake, as certified by the Township Engineer.
G. 
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 is terminated and restoration is completed.
H. 
Reclamation within Pinelands Preservation area.
(1) 
Reclamation within the Pinelands Preservation Area of the Township which includes that portion of the Township westerly of the Garden State Parkway shall, to the maximum extent practical, result in the reestablishment of the vegetation association which existed prior to the resource extraction activity and shall include:
(a) 
The planting of a minimum of 1,000 one-year-old pitch pine seedlings per acre.
(b) 
Stabilization of exposed areas by establishing ground cover vegetation.
(c) 
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.
(2) 
As an alternative to the reclamation requirements set forth above, the applicant may submit a prepared forestry management plan prepared by a state-certified forester detailing an alternate reclamation plan. Said alternate plan is subject to the approval of the Township Engineer and the Zoning Officer and submission to the Environmental Commission[1] for comment.
[1]
Editor's Note: See Ch. 10, Boards and Commissions, Art. V, Environmental Commission.
(3) 
In the event of the continuation across the municipal boundary line of a lake approved by that adjoining municipality and created by resource extraction, and if the continuation of the lake in the Township is proposed in the reclamation plan required to be submitted under § 181-6EE, the requirements of § 181-8H may be modified by the Zoning Officer and the Township Engineer such that side slopes above the water level shall be revegetated in a manner that is consistent with native vegetative species, character and plant density.
I. 
Reclamation in area not within Pinelands Preservation Area.
(1) 
Reclamation within the area of the Township which is not within the Pinelands Preservation Area, which includes all portions of the Township easterly of the Garden State Parkway, shall, to the maximum extent practical, result in the reestablishment of vegetation association which existed prior to the extraction activity and shall include:
(a) 
The planting of a minimum of 1,000 one-year-old oak species seedlings per acre including blackjack oak, bear oak, chestnut oak, black oak and white oak.
(b) 
Stabilization of all exposed areas by establishing ground cover vegetation.
(c) 
Additional cluster plantings of oak species of a minimum of one-and-one-half-inch caliper shall also be provided, such as blackjack oak, bear oak, chestnut oak, black oak and white oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel at a spacing sufficient to ensure the establishment of these species. A minimum of six cluster plantings to supplement the seedlings per acre shall be provided.
(2) 
As an alternative to the reclamation requirements set forth above, the applicant may submit a prepared forestry management plan prepared by a state-certified forester detailing an alternate reclamation plan. Said alternate plan is subject to the approval of the Township Engineer and the Zoning Officer and submission to the Environmental Commission for comment.
(3) 
In the event of the continuation across the municipal boundary line of a lake approved by that adjoining municipality and created by resource extraction, and if the continuation of the lake in the Township is proposed in the reclamation plan required to be submitted under § 181-6EE, the requirements of § 181-81 may be modified by the Zoning Officer and the Township Engineer such that side slopes above the water level shall be revegetated in a manner that is consistent with native vegetative species, character and plant density.
J. 
Any borrowed material to be brought onto the resource extraction site for restoration purposes must be compatible with the native soils previously extracted and as designated within the submitted and approved environmental impact statement and must be sampled and certified as not containing contaminates above applicable remediation standards and as being free from extraneous debris and solid waste. Samples and evidence of compliance of this subsection shall be subject to the review and approval of the Zoning Officer and the Township Engineer.

§ 181-9 Fees, bond and insurance.

[Amended 9-7-1999 by Ord. No. 99-33; 12-18-2007 by Ord. No. 2007-97; 3-18-2008 by Ord. No. 2008-41]
A. 
Application fee.
(1) 
At the time of the application to the Zoning Officer, a fee for application review shall be paid to the Township in accordance with the following:
Area
(cubic yards)
Fee
0 to 10,000 or part thereof
$500
10,001 to 50,000
$1,000
50,001 to 500,000
$2,000
500,001 to 1,000,000
$3,000
1,000,001 or more
$4,000
(2) 
Fees are nonreturnable if the application for the permit is denied by the Zoning Officer. Said fees will be returned to the applicant if the application is withdrawn.
(3) 
The fee determined for permit renewal shall be based upon the actual amount of soil removed pursuant to 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) 
No resource extraction permit shall be issued until the applicant has posted with the Township a performance guaranty and a surety that is consistent with § 130-101[1] and in an amount that the Township Engineer deems to be reasonable, using the following as a standard:
(a) 
Resource extraction, grading and drainage: $5,000 per acre.
(b) 
Topsoil, seeding and fertilizing: $5,000 per acre.
[1]
Editor's Note: See Ch. 130, Land Use and Development, § 130-101, Performance guaranties.
(2) 
All bonds shall be posted on a phased basis.
(3) 
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 resource extraction permit issued pursuant thereto.
C. 
Inspection fees.
(1) 
An inspection fee escrow shall be established at the beginning of each permit period to cover the cost of inspection and enforcement of the provisions of this chapter, based upon the total number of yards of soil to be removed, in accordance with the following schedule:
Area
(cubic yards)
Fee
0 to 10,000 or part thereof
$2,000
10,001 to 50,000
$4,000
50,001 to 500,000
$8,000
500,001 to 1,000,000
$12,000
1,000,001 or more
$15,000
(2) 
All inspection fees shall be the responsibility of the applicant. At the discretion of the Zoning Officer and the Township Engineer, the inspection escrow fee may be posted in equal annual installments on the anniversary of the issuance of the permit. At no time shall the inspection fee escrow fall below $1,000.
(3) 
Inspection fees in accordance with the above schedule shall be posted with the Zoning Department. No resource extraction may begin prior to the posting of inspection fees.
(4) 
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 resource extraction is being conducted.
(5) 
Upon application for renewal or termination of a permit issued in accordance with this chapter, the remaining fee posted to cover inspection and enforcement costs shall be considered for reimbursement. The amount of reimbursement, if approved by the Township Council, shall not exceed the amount expended for inspections, enforcement and administrative services related directly to the permit.
D. 
Liability insurance. The applicant shall provide, not later than 10 days after approval, a certificate of general liability insurance issued to the applicant wherein the Township is named as coinsured 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 $1,000,000.

§ 181-10 Enforcement.

[Amended 12-18-2007 by Ord. No. 2007-97; 3-18-2008 by Ord. No. 2008-41]
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 Council, inspect the property for which permits have been granted to ensure compliance with the terms of the permit of this chapter. He shall report all violations to the Township Council and take any action deemed necessary under the circumstances.

§ 181-11 Payment of Township Engineer.

The Township Engineer shall be paid for his services at fees on an hourly basis.

§ 181-12 Inspection.

[Amended 12-18-2007 by Ord. No. 2007-97; 3-18-2008 by Ord. No. 2008-41]
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 resource extraction is being conducted, in order to examine and inspect the land and the resource extraction. Sites shall be inspected and a report will be filed with the Township Council twice a year.

§ 181-13 Revocation of permit.

[Amended 12-18-2007 by Ord. No. 2007-97; 3-18-2008 by Ord. No. 2008-41]
The Township Engineer may, upon written notice, revoke the resource extraction permit for violation of this chapter. The minimum revocation shall be for a period of 10 calendar days. The Township Council shall review and confirm and/or modify actions of the Township Engineer relating to revocation at the next Council meeting following the action of the Township Engineer.

§ 181-14 Violations and penalties.

[Amended 2-21-1989 by Ord. No. 89-22]
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 $100 nor more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined by the Municipal Court Judge. 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.