[HISTORY: Adopted by the Township Council
of the Township of Stafford 9-10-1985 by Ord. No. 85-75. Amendments
noted where applicable.]
[Amended 9-7-1999 by Ord. No. 99-33]
This chapter shall be known as the "Soil Removal/Resource
Extraction Ordinance."
[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.
[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.
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.
[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:
An area of land consisting of no more than 50 acres which
is the subject of a resource extraction permit.
An individual, partnership, limited liability corporation
or corporate entity who applies for a resource extraction permit in
the Township.
Land area used to separate one use from another or to shield
or block noise, lights, or other nuisances.
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.
Any person engaged in resource extraction from, in or upon
any land in the Township.
A minimum resource extraction site tract historically utilized
for resource extraction purposes as established by the Zoning Board
of Adjustment.
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.
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.
That topsoil first removed from a property during 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.
Any earth, sand, gravel, clay, loam, humus, rock, minerals,
stone or dirt, irrespective of the presence or absence of organic
matter.
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.
[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.
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.
(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.
[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.
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.
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.
[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.
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:
(c)
The type, quantity and age of vegetation to
be used, as well as topsoil material application and preparation;
(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.
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.
(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.
[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.
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:
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.
[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.
(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.
[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:
(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.
[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.
The Township Engineer shall be paid for his
services at fees on an hourly basis.
[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.
[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.
[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.
