Township of White, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of White 12-29-1983; amended in its entirety 4-2-1999 (Ch. 91 of the 1977 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 110.
Land use — See Ch. 160.
Road construction — See Ch. 223.
Excavations — See Ch. 266, Art. II..

§ 254-1 Purpose and definitions.

[Amended 12-6-2001]
A. 
It is the intent of this chapter to license and regulate surface and subsurface mining for the protection of persons and property and for the preservation of the public health, safety and welfare of the Township and its inhabitants and to ensure that said mining operations are conducted in such a manner as to cause a minimum of disturbance to nearby owners or occupants of property, to provide for the safety of individuals, particularly children, and, further, to ensure that the mining area be suitably and reasonably rehabilitated after mining operations have been completed or otherwise terminated.
B. 
For the purpose of administering this chapter, certain terms shall be interpreted to mean as defined herein:
MINERAL
Any metalliferous or nonmetalliferous substance that can be extracted from the earth for profit.
PERSON
Includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies, as well as individuals.
PROJECT SITE
The area to be affected by surface mining that will be subject to permit and bonding based on the portion of the property that will be surface-mined during the permit period.
RECLAMATION
The reconditioning of the area of land affected by surface mining operations to return same to a productive use after termination of said operations, consistent with Chapter 170, Land Use, of the Code of the Township of White and the Master Plan.
[Added 2-22-2007 by Ord. No. 2007-1]
RECLAMATION PLAN
A written plan by a professional engineer detailing how the area or areas of land affected by surface mining operations shall be reclaimed after termination of said operations. The plan shall be consistent with the provisions of this chapter and include, but not be limited to, provisions for reasonable portions of initial or existing surface mining operations to be reclaimed prior to the opening of new areas. To the extent practicable, the reclamation plan shall make provisions for simultaneous mining and reclamation. Reclamation plans may be amended or revised from time to time as surface mining operations proceed, and any amended or revised reclamation plan shall be submitted to the Township Engineer for review.
[Added 2-22-2007 by Ord. No. 2007-1]
SOIL
Any earth, topsoil, clay, mineral, ore, loam, gravel, stone, sand, dirt or rock, without regard to the presence or absence of organic matter.
SUBSURFACE MINE OR MINING
Excavation for and the extraction and removal of minerals and other resources in the ground from a cavity not defined as a surface mine herein.
SURFACE MINE OR MINING
Any excavation, pit, bank or open cut where material removed is regularly resold to third parties and where all mining activity is exposed to open sky, working for the extraction of stone, rock, gravel, sand, soil or any other mineral, and shall embrace any and all parts of the property of such open pit mine that contributes directly or indirectly to the extraction of such mineral.
TOPSOIL
The upper layer of earth which is composed of at least 2.75% by weight of organic matter, is friable and loamy and is free of debris, stones, lumps, roots or similar objects larger than two inches in any dimension and sludge, additives, or toxic substances that may be harmful to plant growth.

§ 254-2 Surface mining permit required.

No person shall engage in surface mining activities unless a surface mining permit has been obtained pursuant to § 254-4.

§ 254-3 Transportation of topsoil.

No topsoil extracted within the Township of White shall be transported across and deposited anyplace outside the municipal boundaries of the Township of White, as established and shown on the White Township Tax Atlas, unless otherwise authorized herein, in an issued permit or by resolution.

§ 254-4 New application for surface mining activity.

[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1; 3-22-2007 by Ord. No. 2007-7]
Prior to any new surface mining activity, a completed application for a surface mining permit shall be submitted to the Planning Board of White Township in connection with the applicant's site plan approval application. The Planning Board shall act on the site plan application and shall also be authorized to issue a surface mining permit expiring on December 31 of the year following the date of the Planning Board approval if same is granted on or after October 1, or expiring on December 31 of the year of the Planning Board approval if same is granted prior to October 1. Subsequent renewal surface mining permit applications shall be submitted no later than October 1 to the Township Engineer, in accordance with § 254-14. If a surface mining permit has lapsed for a period of two or more years, a new application shall be submitted to and acted upon by the Planning Board in accordance with this chapter. A new or renewal application shall be deemed complete when it contains the following elements:
A. 
An application form properly completed.
B. 
An application report which shall include the following:
(1) 
Identification of the location of the surface mine, the ownership of surface rights and mineral rights, the holder of the permit and the person responsible for the reclamation performance guaranty.
(2) 
A copy of a portion of the United States Geological Survey topographic map outlining the contiguous property holdings of the applicant that will be surface-mined.
(3) 
A notice of approval from the Soil Conservation District of the soil erosion and sediment control plan. This plan shall be prepared in conformance with Standards for Soil Erosion and Sediment Control in New Jersey.
(4) 
A description of the environmental setting of the proposed surface mine, including adjacent land use, topography, drainage, geology and existing site conditions.
(5) 
A description of the proposed operation, including the method of mining and nature of any processing as well as the intended quantity in cubic yards of sand and/or gravel to be extracted and/or processed.
(6) 
A description of the measures to be taken to remain in compliance with noise and vibration standards of the New Jersey Department of Labor and Industry and White Township Code § 160-175H.
(7) 
Copies of all required permits and approvals, including New Jersey Pollutant Discharge Elimination System permits and Warren County stormwater permits for stormwater discharge, are required, together with copies of applications for such permits and approvals with accompanying documents and reports.
(8) 
A description of the proposed final reclaimed land use. It is recognized that surface mining is a long-term transitional land use and that any reclaimed land use plan must be conceptual and subject to change based on future surface mine configurations and future land use requirements. However, the proposed reclamation plan shall be compatible with current land use conditions, and the intended reclamation shall be compatible with the proposed final land use.
(9) 
A description of the proposed reclamation activities, including final disposition of waste materials, drainage conditions, final grading, application of soil cover and seeding for those areas to be revegetated and final treatment of access roads or haulage ways within the permit area.
(10) 
A description of final slope treatments shall be indicated. All final slopes shall comply with the standards of Subsection E(3) as hereinafter regulated.
(11) 
A certified copy of the applicant's deed designating the boundaries and adjoining property owners and any easements or restrictions.
C. 
A surface mining plan which shall be prepared by a licensed professional engineer of the State of New Jersey and shall conform to the requirements of § 254-6 hereof. The surface mining plan shall be updated prior to completion of each phase of the operation in the manner consistent with the final requirements and shall indicate (this subsection shall not apply to extraction operations of less than 2,000 cubic yards per year):
(1) 
The topography within 200 feet of the project site based on National Geodetic Vertical Datum (NGVD 88) with reference to monuments and identification of benchmarks established on or near the project site.
(2) 
The location and elevation of all major structures, streams, bodies of water, access roads and surface mining faces.
(3) 
The boundaries of the project site, delineated to the nearest 0.1 acre.
(4) 
Final grade profiles, which shall consist of at least two intersecting sections through the permit area showing existing topography, proposed final elevations and the position and slopes of the proposed final faces.
(5) 
Accurate lot lines certified by a licensed land surveyor with property corner markers and property line markers where appropriate.
(6) 
All new and renewal applications shall have field markings which will supplement the property line markers and shall be shown on the survey map.
(7) 
The boundaries of any wetland area and wetland transition area within the project site as approved by the State of New Jersey or a certification by a New Jersey licensed engineer, or other environmental consultant acceptable to the approving authority, that there are no wetlands, as defined in N.J.A.C. 7:7A.
D. 
A traffic plan which describes, in narrative form, the probable routes to be taken by traffic generated by operation of the surface mine. The traffic plan shall contain a description of the efforts that will be made by the permittee to reduce spillage, to include dust soil residue and, required in the I Zone,[1] from traffic leaving the surface mine.
[1]
Editor's Note: See § 160-175.
E. 
Standards. Every surface mining operation shall comply with the following standards, and the application documents shall demonstrate conclusively the extent of such compliance:
(1) 
Lot area. The minimum lot area for any surface mining activity shall be limited to the existing size of the block and lot.
(2) 
Setbacks. There shall be a buffer area not less than 50 feet wide along all property lines, and no excavation, structures, processing or any mine-related activity other than access drives shall be permitted to encroach into such buffer areas, except that appropriate berms along all property lines shall be permitted subject to the approval of the Township Committee as to height, width and other reasonable requirements, including the planting of vegetation thereon. This provision shall not prohibit property owners of adjoining surface mining operations from entering into property line agreements between each other that would allow each surface mining operator to mine up to the other's property line. Such property line agreements may only encompass those property lines where adjoining surface mining activities exist. Upon the execution of such agreements, the buffer restrictions set forth above shall be null and void. New or renewal surface mining permits may be conditioned upon a party's willingness to enter into a property line agreement. Notwithstanding the foregoing, there shall be a two-hundred-fifty-foot buffer area between any lands to be used for surface mining and any residential zone or use and/or any public roadway which abuts a residential zone.
[Amended 8-10-2006 by Ord. No. 2006-17]
(a) 
The provisions of the preceding section to the contrary notwithstanding, weigh scales and accessory structures may be permitted within the said fifty-foot or two-hundred-fifty-foot buffer area as follows:
[1] 
For surface mines actively operating at the time of the passage of this subsection: by approval of the Township Engineer based on written application to the Township Engineer and upon such conditions as he deems appropriate. The Township Engineer shall give due consideration to the requirements of relevant Township land use ordinances and to the circumstances and needs of the applicant to facilitate continued surface mining operations in a reasonable manner that will not negatively impact neighboring property owners or create a safety hazard. The application shall be in such form and require such information as the Township Engineer determines necessary. The Township Engineer may, in his discretion, or shall, upon receipt of the applicant's written request, refer any such application to the Planning Board for its review and approval in accordance with the Township Code, in which case the applicant may, in the discretion of the Planning Board, be required to submit a new application and/or additional application materials in accordance with Code.
[2] 
For new surface mining operations: by application to and approval of the Planning Board in accordance with Code.
(3) 
Final slope treatments shall comply with the following standards:
(a) 
Rock faces shall be no steeper than 75° and shall be free of loose rock and rubble in general compliance with Mine Safety and Health Administration requirements.
(b) 
Unconsolidated material slopes shall not exceed the natural angle of repose.
(c) 
Course sand, gravel, rubble, fine sand, silt and clay shall not exceed one-foot vertical on two-foot horizontal (26°).[2]
[2]
Editor's Note: Original § 91-4F, allowing waivers in certain instances, which immediately followed this subsection, was repealed 12-6-2001.

§ 254-5 Performance guaranty for surface mining permit.

A. 
The applicant shall submit to the Township Engineer a performance guaranty cost estimate relative to the proposed reclamation of the site and a reclamation plan. The cost estimate for the work to reclaim the area(s) disturbed by surface mining in accordance with the reclamation plan shall be based on documented construction costs for similar work prevailing in the Township. No surface mining permit shall be issued until such time as a performance guaranty is posted by the applicant with the Township Clerk in an amount equal to 120% of the performance guaranty cost estimate, as determined by the Township Engineer, and in a form approved by the Township Attorney. The performance guaranty shall be in effect at all times during the period in which the operation is being conducted pursuant to the permit and for a period of 18 months after expiration of the surface mining permit and until released by the Township so as to insure the reclamation of the surface mine site in accordance with the terms and conditions thereof.
[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1]
B. 
Prior to the holder of any surface mining permit making application before the Township Committee for any amendment or alteration of the terms and conditions of any outstanding surface mining permit, there shall be submitted to the Township Committee the written consent of the surety on said bond approving said application for amendments or alteration and consenting to extension of the guaranty coverage thereto.
C. 
Applications for the release of any guaranties posted in accordance with the terms of this chapter and/or the resolutions of the Township Committee shall be accompanied by an affidavit stating that the soil-moving operation has been completed in accordance with the application and all plans, maps and other data filed therewith, and in accordance with all resolutions and conditions. The affidavit shall be executed by a licensed professional engineer of the State of New Jersey. The Township may release the performance guaranty, or parts thereof, after the Township Engineer verifies the affidavit and submits a favorable report.
D. 
In the event that, in the opinion of the Township Engineer, the surface mining operation has been abandoned or that the required reclamation or restoration is not completed within the time set forth, the Township Engineer shall notify the Township Committee in writing. The Township Committee may, upon not less than seven days' written notice, then revoke all permits previously issued authorizing the surface mining operation and/or complete the reclamation or restoration prescribed. The obligor and surety, if any, shall be liable, in accordance with the performance guaranty, for the reasonable cost of the completion of the reclamation or restoration. "Abandonment" shall mean the cessation of use for a period of 360 days after the expiration of the permit.

§ 254-6 Surface mining regulations.

A. 
If a surface mining permit is granted, the owner or person in charge shall conduct the operations in such a manner that the area shall be properly leveled off, cleared of debris and graded. All operations shall conform to standards set forth by the Mine Safety Act of New Jersey;[1] the Mine Safety and Health Act of 1977, as amended and supplemented from time to time; other applicable federal mining removal standards; and the Occupational Safety and Health Administration Standards, to the extent applicable.
[1]
Editor's Note: See N.J.S.A. 34:6-98.1 et seq.
B. 
The owner of the premises, or the person in charge of the surface mining activity, shall not take away the top layer of arable soil (topsoil), but such layer or arable soil shall be set aside for retention on the premises and shall be respread over the premises when the allowable natural deposit has been removed. Disturbed areas shall be provided with a minimum five-inch thickness of topsoil for restoration purposes, and topsoil shall be imported to the site as necessary to provide same.
C. 
All operations are subject to inspection by the Township Engineer. In all cases when, in the Township Engineer's opinion, the operation or any phase or part of such operation poses a potential threat to the public health, safety and general welfare, the Township Engineer shall immediately advise the surface mine operator of the detrimental condition and confer with the operator on the issue of corrective action. If corrective action satisfactory to the Township Engineer is not taken within 24 hours of notification of the condition by the Township Engineer to the operator, the Township Engineer shall recommend that the Township Committee schedule a hearing, of which the surface mine operator shall be given at least 10 days' advance notice, to determine if the surface mining permit should be suspended or altered in any way. Notwithstanding the foregoing, if there is an immediate threat to public health, safety and welfare, the Township Engineer shall have the right to order an immediate cessation of operations with the surface mine operator having the right to immediately appeal to the Township Committee.
D. 
Surface mining operators shall be responsible for cleaning and sweeping the roadway at the entrance and exit of the premises to avoid the accumulation of debris and to maintain the road in a clean and safe condition. The premises road shall be swept thoroughly and as often as necessary to prevent dirt and debris from entering the public roadway. If the surface mine operator does not respond to direction by the Township Engineer to clean a portion of roadway affected by this operation in a timely manner sufficient to ensure the public safety and well being, the Township may undertake action to ensure the immediate rectification of the deficiency. The Township will then be reimbursed by the surface mine removal operator for all expenses incurred as a result of the emergency action within 30 days or the Township will take action to suspend soil removal activities until such payment is made.
E. 
The surface mine operator shall cause to be posted in a prominent location and shall distribute to all their employees, agents or independent contractors who transport removed materials, diagrams indicating the proposed roads to be utilized by trucks entering the soil removal site and by vehicles in transporting removed materials as approved by the Township Engineer.
F. 
Speed limits of vehicles used by operators shall at all times be observed; continual violations shall be considered cause for suspension of surface mining permit.
G. 
Embankments or fill and the preparation of the area on which the embankments or fill are placed shall be constructed of soil and rock materials or a combination of these materials obtained from the surface mining activity. These materials shall be free from stumps, roots, weeds, sod, rubbish, garbage, asphalt or any other material that may decay.
H. 
Within the zone permitting surface mine or mining, the finished surface grade of any project site located between a public road and a current or former railroad right-of-way shall be no less than 2% nor greater than 10% and shall be graded to a constant slope from the road to the railroad right-of-way as measured perpendicular from the road. No excavation shall be made below the level of the constant slope.
I. 
The applicant shall be required to section the property which is the subject of this permit into areas of not more than 15 acres and to schedule the work of surface mining so that the operation conducted shall not expose more than 15 acres at any time in accordance with the detailed surface mining plan. The area where removed material is washed shall not be considered part of the surface mining operation and, therefore, can be located outside of these 15 acres. Vegetative restoration may include but not be limited to the placement of five inches of topsoil; addition of soil, i.e., lime, fertilizer, etc., as may be required on a site-by-site basis.
J. 
Upon termination of a surface mining operation, the surface of the premises shall be left in a condition which provides for adequate drainage so as to prevent water pockets or undue erosion. All grading and drainage shall be such that natural stormwater leaves the premises at the original natural drainage points and that the area drained to any one point is not increased.
K. 
The operator of any surface line shall rehabilitate all excavated areas with appropriate topsoil coverage, seeding, adequate plant material and other measures to properly prepare the site for suitable ultimate land use consistent with provisions of the White Township Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 160, Land Use, Art. XII et seq.
L. 
The granting of a permit shall not be construed to authorize the moving to or from the site in question of any soil, minerals or other resources not specifically covered by said permit.
M. 
Blasting shall be prohibited in connection with surface mining operations. This prohibition shall not apply in the case of rock quarries.
N. 
Material stripped from the following sources shall not be considered suitable for use as topsoil:
(1) 
Soils having a pH value outside the range of 5.0 to 7.5.
(2) 
Chemically contaminated soils.
(3) 
Areas from which the original surface has been stripped and/or covered over.
O. 
Hours of operation.
(1) 
Hours of operation, except for maintenance work on the site (and subject to pollution and noise regulations) shall be limited to April 1 through September 30, 6:00 a.m. to 6:00 p.m., Monday through Saturday; October 1 through March 31, 7:00 a.m. to 5:00 p.m., Monday through Saturday; provided, however, that no processing equipment shall be operated before 7:00 a.m.
(2) 
The above hours of operation shall not be valid on the following legal holidays: January 1, July 4, Memorial Day, Thanksgiving Day and Christmas Day.
P. 
The approved reclamation plan, or a copy thereof, shall be maintained at an appropriate location on the site of the surface mining operation and shall be readily accessible to Township officials upon request.
[Added 3-22-2007 by Ord. No. 2007-7]

§ 254-7 Enforcement and inspection.

[Amended 12-27-2001]
A. 
Enforcement. Except as specifically set forth in §§ 254-6 and 254-7 hereof, the Zoning Officer, in consultation with the Township Engineer, shall enforce surface mining regulations in the Township and conduct inspections of all surface mining operations. The Township Engineer shall, upon his own initiative, and whenever directed by the Committee or the Zoning Officer, inspect the premises for which permits have been granted to ensure compliance with the terms of the permit and of this chapter. Upon discovery of a violation of this chapter or any other applicable ordinance, statute or resolution, the Township Engineer shall advise the Zoning Officer and the surface mine operator of the violation and shall immediately confer with the operator regarding necessary corrective action. Where, in the opinion of the Township Engineer, the condition poses an immediate danger to the public health, safety and general welfare, the provisions set forth in § 254-6C shall govern. For all other conditions giving rise to a violation, if such condition is not corrected within five business days of notification of such violation by the Township Engineer to the operator, the Zoning Officer shall report such violation to the Township Committee and take any action deemed necessary under the circumstances. The Zoning Officer, in consultation with the Township Engineer, shall submit biannual reports to the Township Committee on each surface mining operation in the Township, with a copy to be served simultaneously upon the operator, specifying whether or not and in what manner the provisions of this chapter and the Zoning Ordinance[1] and other applicable ordinances or resolutions are being followed. The operator retains the right to respond in writing to the Township Committee to the report of the Zoning Officer.
[1]
Editor's Note: See Ch. 160, Land Use, Art. XII et seq.
B. 
Inspection. For the purposes of administering and enforcing the provisions of this chapter from a technical standpoint, the Zoning Officer and the Township Engineer shall have the right to enter the land where approved surface mining operations are being conducted in order to examine and inspect the land and the operations. Nothing herein shall be construed as limiting the power of any Township enforcement officials from entering lands and enforcing ordinances. Frequency of inspections shall be determined by the Zoning Officer, in consultation with the Township Engineer, but shall not be less than four times per year. All such inspections shall be performed by the Township Engineer in the presence of a representative of the applicant, with a report regarding same submitted to the Township Committee and Zoning Officer and a copy being served simultaneously upon the surface mine operator.

§ 254-8 Fees.

[Amended 12-6-2001]
A. 
Fees for application. At the time of application for a surface mining permit (the Planning Board for an initial surface mining permit or the Zoning Officer in the case of applications for renewal permits), a fee for application review shall be paid to the Township in the amount of $2,500. The application fee represents those reasonable costs incurred by the Township for legal, engineering and administrative work in processing a soil removal application. However, if additional fees are required to deal with engineering, administrative, legal and enforcement matters, the applicant may be required to post additional fees in escrow. The application fees are nonreturnable if the application for a permit is denied.
[Amended 12-27-2001]
B. 
Annual escrow for reimbursement of certain costs, including, without limitation, administrative, legal, engineering, enforcement and inspection. If the Township Committee approves an application for surface or subsurface mining activities, an escrow account of $5,000 shall, as a condition of approval, be established by the permittee with the Township for reimbursement of reasonable fees and costs incurred by the Township for administrative, legal and engineering work, and enforcement and inspections, associated with the mining operation. Said escrow amount shall be maintained by the permittee on an annual basis and, upon the request of the Township Committee, shall be replenished up to said amount as a condition of further approvals or proceedings herein.

§ 254-9 Issuance of permits.

[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1]
Upon receipt of a completed application for a surface mining permit, the Township Engineer, within 14 days, submit to the Township Committee and Township Attorney a written report and recommendations regarding the soil removal or surface mining activity and whether a permit may be issued. The Township Engineer shall issue the soil removal or surface mining permit to the applicant if, in the opinion of the Township Engineer, the application is complete and the said activity will be conducted in a manner consistent with the intent and purposes of this chapter. The Township Engineer may append to the permit all reasonable requirements in connection with the soil removal and/or surface mining activity. The Township Engineer may, in his reasonable discretion, extend a current permit up to 30 days, in order to allow the applicant to revise any of the application materials. Extensions beyond the initial thirty-day period may be granted by the Township Committee and upon such terms as it may direct in its reasonable discretion. A copy of the permit shall be transmitted to the Zoning Officer.

§ 254-10 Rights of permittees.

The issuance of a soil surface mining permit in connection with a surface mining operation shall entitle the permittee for the duration of the permit and, subject to its terms, to extract soil, remove it from the designated premises and transport it to a location within or outside the Township of White in accordance with the regulations set forth in § 254-6 and subject to inspection and enforcement in accordance with § 254-7.

§ 254-11 Records.

[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1]
The Zoning Officer and Township Engineer shall keep a record of all permits issued under the authority of this chapter. The records shall include all information contained in and the terms applicable to the permit. The records shall also indicate the amount of the fee paid for the permit, the date on which the payment was received, the date of the issuance of the permit and whether the permit was new or a renewal.

§ 254-12 Display of permit.

During any soil extraction or surface mining activity, a valid soil extraction or surface mining permit shall be prominently displayed at the site where said activity is being conducted.

§ 254-13 Nontransferability.

Soil extraction and/or surface mining permits shall apply only to the person and the site to whom and for what it was issued and may not be transferable to another person or site without the consent of the Township Committee.

§ 254-14 Expiration and renewal of permits.

[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1; 3-22-2007 by Ord. No. 2007-7]
A. 
Except in instances expressly provided otherwise, all soil extraction permits and surface mining permits shall be effective from:
(1) 
The date of Planning Board approval to December 31 of the ensuing year in case a new application is approved by the Board after October 1;
(2) 
The date of the Planning Board approval to December 31 of the same year in case a new application is approved by the Board prior to October 1;
(3) 
January 1 to December 31 for renewal applications.
B. 
To insure continuity of soil removal or surface mining operations, complete applications for the renewal of permits shall be submitted to the Township Engineer no later than October 1. A ten-day grace period shall be allowed.

§ 254-15 Revocation of permit.

A. 
Any soil removal or surface mining permit issued by the Planning Board or the Township Engineer may be revoked by the Township Committee after notice and a hearing for any of the following causes:
[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1]
(1) 
Fraud or misrepresentation of the application for permit.
(2) 
Fraud or misrepresentation in the conduct of the permitted activity.
(3) 
A violation of any provision of the soil extraction or surface mining permit or noncompliance with any of the terms of a conditional use permit granted, where applicable, by the Planning Board.
(4) 
Conduct by the permittee or his agents, representatives or employees in an unlawful manner or in a manner inimical to the public health, safety or general welfare.
B. 
Notice of a hearing for the revocation of a surface mining permit shall be given in writing by the Township Clerk or the Township Attorney. The notice shall specifically set forth the ground(s) upon which the proposed revocation is based and the time and place of the hearing. The notice shall be served by mailing a copy to the permittee at his last known address by certified mail, return receipt request, at least five days prior to the date set for the hearing.
[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1]
C. 
At the hearing for the revocation of a soil extraction or surface mining permit, the permittee shall have the right to appear and be heard, to be represented by attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and have a permanent record made of the proceedings at his own expense. The Township Committee shall revoke or suspend the permit if it is satisfied by a preponderance of evidence that valid causes for such revocation or suspension exist.

§ 254-16 Reinstatement of permit.

The Township Committee may authorize the issuance of another soil extraction or surface mining permit to a person whose permit has been revoked, suspended or denied as provided herein if after a hearing it is satisfied by clear and convincing evidence that the reasons leading to the revocation, suspension or denial have been properly rectified and will not reoccur. Otherwise, no person whose permit has been revoked, suspended or denied, nor any person acting in his behalf, directly or indirectly, shall be issued another permit to carry on the same soil extraction activity.

§ 254-17 Waivers; hearing.

[Added 12-6-2001]
A. 
In specific cases and for special reasons, the Township Committee may grant waiver(s) from the surface or subsurface mining permit standards of this chapter, provided that clear and convincing proof is presented by the permittee that such waiver(s) may be granted without adversely affecting the intent and purpose of this chapter.
B. 
Procedures for hearing.
(1) 
Any requested waiver(s) must be made in writing, describing with particularity the provision(s) of this chapter for which a waiver is sought, and addressed to the Municipal Clerk. The Municipal Clerk shall forward copies of the waiver request to the Township Engineer, Township Attorney, Zoning Officer and Construction Code Official.
(2) 
The Township Committee shall determine, within a reasonable time after receipt of the request, whether a hearing is necessary. The Township Committee shall also determine whether sufficient escrow funds are available pursuant to § 254-5B to defray the Township's professional fees associated with the waiver request and hearing. If a determination is made that a hearing is necessary, the permittee shall be so notified in writing and, if applicable, shall be ordered to replenish the escrow as a condition of further proceedings.
(3) 
The responsibility for scheduling the date and time of the hearing shall be the permittee's, subject to approval by the Township Committee. The hearing may be held at a regular or special meeting of the Township Committee. If a special meeting is required, the permittee shall be responsible for reimbursing the Township from the escrow account for the costs of advertisement. No later than 10 days prior to the date and time fixed for the hearing, the permittee shall provide notice to property owners in accordance with the applicable provisions of N.J.S.A. 40:55D-12. The hearing and/or notice requirement may be dispensed with upon written request of the permittee when, in the opinion of the Township Committee, the waiver sought is of a minor, routine or technical nature.
(4) 
Permittees which are corporations must be represented by counsel. At the hearing, the permittee shall provide proof to the Township Committee of notice pursuant to the preceding Subsection B(3). The representational and notice requirements shall be considered jurisdictional.
(5) 
Conduct of hearing. The permittee shall proceed first by providing testimony under oath, written evidence which shall be marked as exhibits unless objection thereto is sustained by the Township Committee, oral argument of counsel, or any combination thereof. Adjoining property owners wishing to be heard shall similarly be permitted to provide testimony, evidence and/or argument of counsel at the conclusion of the permittee's case. Other interested parties and/or members of the public shall be permitted to participate in like manner. Cross-examination of witnesses may be permitted in the discretion of the Township Committee. At the conclusion of the hearing, the Township Committee shall, by motion, decide whether or not a waiver should be granted and may accompany its determination with reasonable conditions. The hearing may be adjourned from time to time in the discretion of the Committee.
(6) 
Resolution. The Township Attorney shall prepare a resolution memorializing the action of the Township Committee. A copy of the enacted resolution shall be provided to the permittee and, upon request, to any other interested party.
(7) 
The Township's administrative and professional fees incurred in connection with the waiver request and all proceedings subsequent thereto shall be paid from the permittee's escrow established pursuant to § 254-8B and shall be based on the professional's regular hourly rates charged the Township. The Township Committee reserves the right to request that the escrow be replenished at any time prior to, during or after the hearing, and to suspend further proceedings until the required payment is collected.

§ 254-18 Violations and penalties.

A. 
For any and every violation of provisions of this chapter, the owner, contractor or other person or persons interested as lessees, tenants or otherwise in any building, land or premises where such violation has been committed or shall exist or continue to exist, and who shall fail to abate said violation within the time specified by the notice of violation, after written notice to do so has been served upon him by certified mail, return receipt requested, or by personal service upon him, shall for each and every violation be subject to a fine up to $1,000 per day for each day of violation or imprisonment for 90 days, or both. The provisions of N.J.S.A. 40:49-5 shall apply to such penalty assessments.
B. 
Each and every day of such violation after such abatement notice shall have been served shall be considered a separate and specific violation of this chapter and not as a continuing offense. If, after diligent effort, service of a notice of violation cannot be made by mail or in person, posting of a copy of such notice at a conspicuous part of the premises in violation shall be construed as legal service.
C. 
The Township Engineer and Zoning Officer shall have authority to enforce the provisions of this chapter by filing a complaint in the Municipal Court, but only upon prior authorization from the Township Committee.
[Added 2-22-2007 by Ord. No. 2007-1]

§ 254-19 Repealer; effect on prior proceedings.

Any and all Township ordinances or parts thereof in conflict with or inconsistent with any of the terms of this chapter are hereby repealed to such extent as they are so in conflict or inconsistent; provided, however, that the adoption of this chapter shall not prevent or bar the continuance or institution of any proceedings for offenses heretofore committed in violation of any existing ordinances of the Township of White.