[Added 12-1-1995]
Permitted uses shall be all those permitted in the I Zone.
Required conditions shall be as set forth in § 160-174
Performance standards shall be as set forth in § 160-175.
Conditional uses shall be:
A.
Surface mining. This shall include the extraction of minerals, such
as ore. It also includes quarrying, milling (e.g., crushing, screening
and washing) and other preparation of materials customarily undertaken
in connection with a mine site.
(1)
Requirements for surface mining. It is hereby deemed that the
rock formations in the Township of White require recognition as a
natural resource and economic asset which permits their extraction,
processing and sale. Such operations are of a special nature and require
adequate regulation, supervision and direction to assure protection
of the public health, safety and general welfare. As a means of administering
these protective measures and in recognition of the uniqueness of
such uses, the following special requirements and provisions are established:
(a)
No person shall excavate or otherwise remove any natural mineral deposit for sale or for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, without first having received permission therefor from the Township Committee. Said permission shall be granted only upon the granting of site plan approval by the Planning Board as hereinafter provided. The municipal permit shall be valid for a period of one year. Renewal of said permit shall be conditioned upon satisfactory operation of the facility and the recommendation of the Township Engineer, as provided in Subsection A(1)(n) of this section.
(b)
The site plan application shall be in conformance with Articles IX, X and XI of this chapter. An environmental impact statement and a reclamation plan indicating how the excavated land will be restored for productive use shall be part of the application. In considering the site plan, environmental impact statement and reclamation plan, the Planning Board shall place primary focus on mitigation of noise, dust, traffic and light during the mining operation. The Board shall ensure that there will be no significant off-site environmental impact occasioned by mining activities, with particular emphasis on the integrity of subsurface aquifers and surface water bodies. The Board shall consider the long-range mining plan and the reclamation plan in light of the potential end use of the quarry once operations cease. It is specifically intended in this section that rock extraction be viewed as an interim process in the reshaping of land to a final and appropriate use. Reclamation plans shall incorporate the following information:
[1]
Existing and proposed final grades.
[2]
Existing and proposed drainage patterns.
[3]
An analysis of the utility of the reclaimed tract for uses as
otherwise permitted in the zone. A phasing plan, indicating the sequence
of mining and reclamation efforts such that, should the operation
cease at any given time, it shall not have been rendered unusable
for other lawful purposes.
(c)
Proximity to adjoining property; berm.
[1]
No part of any such use, including any building, automobile
parking area, storage of materials, filling of land or any other building
or activity including mining but excepting a railroad spur entering
the property and access roads approved as herein provided, shall be
established or conducted within a distance of 150 feet from an adjoining
residential property line other than that known as Block 33, Lot 21,
or within 100 feet from the nearest right-of-way line of any public
road or highway serving residential traffic now maintained by public
authority. Excavation shall not be conducted closer than 50 feet to
the boundary of any zone where such operations are not permitted,
either in White Township or an adjoining municipality, nor shall such
excavation be conducted closer than 50 feet to the boundary of an
adjoining nonresidential property line. Buildings and other structures
may be constructed not less than 50 feet from an adjoining industrial
tract. Excavation may be conducted within the limits prescribed above
where deemed necessary by the Board in order to adjust the elevation
thereof in conformity with the reclamation plan. Where berms of overburden
or other material are constructed adjacent to residential property
lines, they shall not be located within 50 feet of said residential
property line.
[2]
In addition to the above setback requirements, a planted berm
of not less than six feet in height shall be constructed between the
quarry operation and all adjoining property and uses other than those
zoned for or used as industrial (e.g., landfill or incineration) properties.
(d)
The location and design of vehicular access to any part of such
use form any public road, street or highway shall give due consideration
to the design of the road, its effect on existing roads and traffic
patterns, suitable traffic safety conditions and the type and burden
of traffic that will result.
(e)
The transfer of any products, by-products or any other materials
form the quarrying operation by trucks shall be done in a vehicle
covered before leaving the site so as not to cause dust or materials
spillage on roads or areas near the site.
(f)
Provision shall be made for the disposal of waste in compliance
with all applicable federal, state and local legislation and regulations.
(g)
Minimization of dust conditions.
[1]
All equipment used for the operation shall be constructed, maintained
and operated in such a manner as to minimize, as far as practicable,
dust conditions which may be injurious or substantially annoying to
all persons living in the vicinity.
[2]
All access roads to public highways, roads or streets or to
adjoining property shall be paved or treated so as to minimize dust
conditions.
(h)
Prior to operating, any open excavation having a depth of 10
feet or more and a slope or more than 45° shall be fenced at least
40 feet outside the edge of such excavation, which fence shall be
at least five feet in height, effectively controlling access to the
area in which such excavation is located, as indicated on the approved
site plan.
(i)
All buildings, structures and plants used for the production
or processing of extractive materials shall be maintained in accordance
with applicable state and federal regulations.
(j)
Within a period of 12 months following written notification
to the Township Zoning Officer that the operation has been abandoned
and extraction or production has ceased, all buildings, structures
and plants incidental to such operation shall be dismantled and removed
by and at the expense of the operator last operating such buildings,
structures and plants. However, such buildings, structures and plants
need not be dismantled and removed as long as they may legally be
used for some other purpose permitted in the zone in which they are
located. A certificate of occupancy permit shall be secured from the
Construction Official, in addition to site plan and/or subdivision
approval, if applicable.
(k)
Where excavations occur within 10 feet of the groundwater table,
provisions shall be made so that there exists no means by which surface
pollutants may be transmitted to the underground aquifer. Excavations
must be grounded or backfilled to meet the following requirements:
[1]
All banks shall be left with a slope no greater than 30°,
except that a greater slope will be permitted if in substantial conformity
with the land area immediately surrounding or the reclamation plan.
[2]
The property shall be so graded that stagnant water will not
be permitted to collect thereon. This provision shall not apply where
retention or permanent impoundments have been permitted as part of
site plan approval.
(l)
Upon the completion of operations, the land shall be left in
a safe condition so that sufficient drainage shall be provided so
as to prevent water pockets or undue erosion, with all grading and
drainage such that runoff water at the property boundaries leaves
the entire property at the original, natural drainage points and that
the area drainage to any one such point is not increased except as
may be approved in the reclamation plan.
(m)
Where topsoil is removed, sufficient arable soil shall be set
aside for respreading over the excavated area. Upon replacement of
the topsoil, trees, shrubs, legumes, grasses or other ground cover
shall be planted upon such area in order to avoid erosion as far as
is practicable and consistent with the reclamation plan.
(n)
The entire quarrying operation, including excavation, grading,
reclamation, drainage, equipment and structures, shall be subjected
to a semiannual inspection made by a licensed professional engineer.
The engineer shall be appointed by the Township Committee, with the
fees for his services to be paid by the permit holder. The purpose
of such inspection shall be to determine whether all requirements
of this chapter have been and are being met. The engineer shall file
a complete report on the results of his inspection with the Construction
Official, providing the permittee a copy thereof.
(o)
The applicant, by submitting the site plan application to the
Planning Board, expressly consents to the entry of the Township Engineer
or his designee on the applicant's property for purposes of the inspections
as set forth in this subsection.
(p)
A performance bond in the amount of 120% of the cost of restoration
and removal of structures shall be required as a condition of site
plan approval. Said bond shall be calculated by the Township Engineer
and shall be in an amount sufficient to complete all restoration/reclamation
required in connection with the approved site plan and removal of
structures as deemed appropriate by the Planning Board.
(2)
Violation of the provisions set out above shall be subject to
penalty as follows: imprisonment in the county jail for a term not
exceeding 90 days and/or by a fine not exceeding $1,000 and/or by
a period of community service not exceeding 90 days. Each separate
day of violation shall constitute a distinct and separate violation
of this article.
