[HISTORY: Adopted by the Township Council
of the Township of Monroe 11-23-1983 by Ord. No. O-26-83; amended
in its entirety 7-18-1984 by Ord. No. O-8-84. Amendments noted where
applicable.]
For the purpose of this chapter, unless from
the context a different meaning clearly appears, the following words
shall be defined to include and to mean the following:
The individual partnership, corporation or any other entity
and shall include tenants, owners, licensees and permittees who shall
apply for a permit.
The Township Council of the Township of Monroe.
Any parcel of land or portion thereof the boundary lines
of which can be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Township of Monroe
or in the office of the Gloucester County Registrar of Deeds.
A soil removal permit used under the terms hereof.
Includes an individual, partnership, corporation or any other
entity and shall include both tenants, owners, licensees and permittees.
One or more lots or contiguous parcels of land in single
ownership, which ownership can be ascertained by reference to the
maps and records, or either, in the office of the Tax Assessor of
the Township of Monroe or in the office of the Gloucester County Registrar
of Deeds.
Both surface and soil (topsoil) and subsoil and shall include
dirt, stone, gravel, sand, humus, clay, loam, rock and mixtures of
any of these.
The elevation of a point on the existing land and representative
of the surrounding area, generally within 50 feet of the point in
question.
The Township of Monroe, County of Gloucester and State of
New Jersey.
A.
No person shall excavate for the removal of soil or
otherwise remove soil for sale or for use other than on the premises
from which the soil shall be taken except in connection with construction
or alteration of a building on such premises for which a construction
permit has been properly issued, and excluding all grading incidental
thereto, without first having obtained a permit therefor, approved
by the Township Council of the Township of Monroe or its designee.
The permit shall be conspicuously posted and displayed in the office
of the licensee and produced upon request.
B.
No permit shall become effective until the procedures contained in § 175-63 of the Monroe Township Comprehensive Land Management Ordinance are satisfied by the applicant.
C.
No further permits shall be issued pursuant to this
section, including any new permits with the exception of those sites
which have already been approved for soil removal by the Monroe Township
Planning Board.
[Added 8-24-1999 by Ord. No. O-18-99]
A.
The applicant shall make application for a soil removal
permit on a form provided by the office of the Township Clerk and
shall furnish the following information and documents:
(1)
The name and address of the applicant; if the applicant
is a partnership, a partnership name and business, together with the
names of all partners and their residential addresses; if the applicant
is a corporation, the name of the corporation, the place of business
of said corporation, the date and state of incorporation, the names
and addresses of all directors of such corporation, the names and
addresses of all stockholders holding 10% or more of the stock of
the corporation and the names and addresses of the legal representatives
of the corporation, if any.
(2)
The name and address of the owner or owners of the
premises involved; if the owner or owners are a partnership, then
the partnership name and business address, the names of the partners
together with their residential addresses; if the owner is a corporation,
the name of the corporation, its place of business, the date and state
of incorporation, the names and addresses of all officers and the
positions held in the corporation, the names and addresses of all
directors, the names and addresses of all stockholders holding 10%
or more of the stock of the corporation and the names and addresses
of the legal representatives of the corporation, if any.
(3)
A location map or diagram of the premises showing
the location of the lot(s), together with the Monroe Township Tax
Map plate, block and lot numbers, where the excavation or soil removal
is to be conducted and abutting lands and roads within 1,000 feet
of the active area.
(4)
A topographic map at a scale of one inch equals 400
feet showing the proposed dimensions, location and operations on the
subject property in its present condition by spot elevations and an
overlay showing the proposed topographical contour grades which will
result from the intended soil removal. All natural drainageways must
be shown. The topographic map shall include an area 200 feet from
the boundaries of the proposed areas to be disturbed or to the boundary
of any buffer area if it is within 200 feet of the actual work area.
(5)
All roads, buildings, streams and bodies of water
within 1,000 feet of the premises.
(6)
The names and addresses of all adjoining landowners
within 1,000 feet of the perimeter or location of the lot or premises
for which application is being made.
(7)
Existing water drainage conditions, all wooded areas
and areas of significant vegetation forest associations and wildlife
habitats.
(8)
The limit or outbounds of the area or areas on the
premises within which the soil operation or removal is to be conducted.
(9)
The proposed slopes and lateral supports of the limits
of the area upon completion of the excavations and soil removal operations.
This requirement may be limited to the active work area.
(10)
The location of all points of ingress and egress.
(11)
The location, size and intended use of all buildings
on the premises.
(12)
The location of all existing and proposed streets
and rights-of-way, including railroad rights-of-way, excluding those
included within the areas to be mined.
(13)
A soils map.
(14)
A reclamation plan which includes:
(a)
Method of stockpiling topsoil and overburden.
(b)
Proposed grading and final elevations.
(c)
Topsoil material applications and preparation.
(d)
Type, quantity and age of vegetation to be used.
(e)
Fertilizer application, including method and
rates.
(f)
Planting method and schedules.
(g)
Maintenance requirements schedule.
(15)
The proposed provisions and facilities for water drainage.
B.
All drawings of improvements and/or technical information
shall be prepared, signed and sealed by a licensed professional engineer
of the State of New Jersey. All land survey information shall be prepared,
signed and sealed by a licensed professional land surveyor of the
State of New Jersey.
C.
Water sampling. Prior to the obtaining approval of
a permit which includes the creation or existence of a body of water,
the applicant shall submit testing results in conformance with the
New Jersey Department of Environmental Protection guidelines for water
quality monitoring. The aforesaid results shall be accepted pursuant
to appropriate water quality standards. Minimum requirements for testing
shall be the standard elements for sampling potable water, including
chemical and bacteria samples. The rate of sampling shall be semiannual,
sampling to be done in April and October, and reported to the township
on or before May 1 and November 1 of each and every year for the respective
sampling. Any new application for a license must submit water sample
results with the application regardless of the time of year. More
frequent sampling will be required if it is determined that the water
quality is deteriorating from background water quality.
[Amended 5-18-1987 by Ord. No. O-14-87]
D.
Renewal of permit; fees.
[Amended 5-21-1986 by Ord. No. O-15A-86; 5-18-1987 by Ord. No. O-14-87; 12-17-1990 by Ord. No. O-34-90[1]]
(1)
On or before February 1 prior to the expiration of
any permit issued pursuant to this chapter, the Township Clerk shall
mail to each permit holder an application for renewal of said permit.
(2)
On or before March 15 prior to the expiration of any
permit issued pursuant to this chapter, the applicant shall file with
the Township Clerk the completed application, along with all documentation
and fees required by this chapter.
(3)
Upon filing of the application for renewal, along
with appropriate fees, the following review procedure shall apply:
(a)
After the filing of the application or any corrected
or revised application, the Township Engineer shall have 30 days to
determine if the application is complete and report his decision to
the Township Clerk and the applicant. In the event that the application
is deemed not complete, no further review of the permit shall be done
until such time as the applicant completes the application. Failure
of the Township Engineer to act within 30 days of filing the application
or any corrected or revised application shall be deemed approval of
the completeness of the application.
(b)
At such time as the application has been deemed
complete by the Township Engineer, he shall have 45 days to review
the application and shall make a recommendation to the Township Council
as to whether the application meets the requirements of this chapter.
The findings and recommendation by the Township Engineer shall be
mailed to the applicant. Failure of the Township Engineer to complete
review within 45 days shall be deemed a recommendation to the Township
Council for approval.
(c)
Upon report to the Township Council by the Township
Engineer or any subsequent report following a corrected or revised
application, the Township Council shall have 30 days to take action
upon the application. Failure of the Township Council to act within
30 days after receipt of report by the Township Engineer shall be
deemed an approval of the application.
(d)
Failure of any applicant to process renewal
of his application in a timely manner as provided in this subsection
shall cause the license to lapse, and all soil removal activities
performed under the permit shall cease as of the expiration of the
existing permit. The Township Council shall be under no duty to extend
the expiring permit by reason of failure of the applicant to follow
the application process in a complete and timely manner.
(4)
The initial permit application fee for any applicant shall be the sum as set forth in Chapter 74, Fees. Thereafter, renewal permit fees shall be for the sum as set forth in Chapter 74, Fees. Licenses shall run for a minimum period of two years and can be approved for up to five years at the discretion of the Township Council in all Pinelands areas, provided the standards of § 175-130C are met. All other permits in non-Pinelands areas of the Township are for a period of two years. Permits shall commence from July 1 of each year. Any license issued after July 1 shall relate back to that July 1 date.
[Amended 10-28-1997 by Ord. No. O-51-97; 3-24-1998 by Ord. No. O-6-98; 9-23-2003 by Ord. No. O-42-2003]
(5)
At the time of filing an application for an initial
permit or renewal permit, the applicant shall deposit with the Township
Clerk an escrow fee of $1,000 to be held by the Finance Department
to pay for the cost of professional services incurred by the Township,
including engineering, legal and incidental costs for the review and
processing of the permit application. The Finance Department shall
return any sum not used for said purposes. The applicant shall be
responsible for any sums in excess of $1,000 incurred by the Township
for said purposes.
[Amended 2-26-2008 by Ord. No. O:04-2008]
[1]
Editor's Note: Said ordinance also provided
as follows: The Monroe Township Code Enforcement Officer or his designee
shall be authorized to enforce the provisions of this chapter. Said
Code Enforcement Officer shall be authorized during normal working
hours to inspect the licensed premises and to file any complaint for
violations of any provision of this chapter before the Monroe Township
Municipal Court or any other court of competent jurisdiction.
The following standards are to be achieved and
maintained in order to receive conditional use approval of a resource
extraction use or activity. Resource extraction operations shall be
approved only if the applicant can demonstrate that the proposed resource
extraction operation:
A.
Is designated so that no areas of excavation, sedimentation ponds,
storage area for equipment or machinery or other structure or facility
is closer than 200 feet to any property line, unless it can be demonstrated
that a distance between 100 feet and 200 feet will not result in greater
off-site environment impacts.
[Amended 5-28-2019 by Ord. No. O:18-2019]
B.
Is to be located on a parcel of land of at least 20
acres.
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.
D.
Is fenced or blocked so as to prevent unauthorized
entry into the resource extraction operation through access roads
during nonbusiness hours.
E.
Provides ingress and egress to the resource extraction
operation from public roads by way of gravel or porous paved roadways.
F.
Is designed so that surface runoff will be maintained
on the parcel in a manner that will provide for on-site recharge to
groundwater.
G.
Will not involve excavation below the seasonal high-water
table, unless the excavation 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 areas in which the site
is located, provided that in no case shall excavation have a depth
exceeding 65 feet below the natural surface of the ground existing
prior to excavation unless it can be demonstrated that a depth greater
than 65 feet will result in no significant adverse impact relative
to the proposed final use or on off-site areas.
H.
Will be carried out in accordance with an extraction
schedule which depicts the anticipated sequence, as well as anticipated
length of time that each twenty-acre unit of the parcel proposed for
extraction will be worked.
I.
Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of § 245-5, Restoration standards, of this chapter and the implementation of the restoration plan. However, the renewal of the annual license shall be withheld until the applicant has demonstrated compliance with the restoration plan. Noncompliance with the restoration shall constitute grounds for immediate termination of all excavation work, subject to the requirements of § 245-8, Hearings.
J.
Will not involve clearing adjacent to ponds in excess
of 20 acres or any areas necessary to complete scheduled operations,
or will not involve any reclaimed clearing exceeding 150 acres for
surface excavation at any time.[1]
[1]
Editor's Note: Original Subsection (B), regarding
permit fees, which immediately followed this subsection, was deleted
5-21-1986 by Ord. No. O-15A-86.
All parcels of land which are used for the resource
extraction operations shall be restored as follows:
A.
Restoration shall be a continuous process and each
twenty-acre unit of the parcel shall be restored within two years
after resource extraction is completed for that portion.
B.
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Subsection A.
C.
All restored areas shall be graded so as to conform
to the proposed contours of the parcel; the slope of the surface of
restored surfaces shall not exceed one foot vertical to two feet horizontal,
except where soils require a lesser slope.
D.
Topsoil shall be restored in approximately the same
quality and quantity as existed at the time the resource extraction
operation was initiated.
E.
Drainage flows, including direction and volume, shall
be restored, to the maximum extent practical, to those flows existing
at the time the resource extraction operation was initiated.
F.
Any body of water created by the resource extraction
operation shall have a graded shoreline with a slope not to exceed
one foot vertical to five feet horizontal.
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 operation is terminated and restoration is
completed.
H.
Reclamation shall, to the maximum extent practical,
result in the reestablishment of the vegetation association which
existed prior to the extraction activity and shall include:
(1)
The planting of a minimum of 1,000 one-year-old pitch
pine seedlings per acre.
(2)
Stabilization of exposed areas by establishing ground
cover vegetation.
(3)
Cluster planting of characteristic Pineland 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.
An applicant may request a waiver from any specific item requested or required by this chapter. Said application shall be submitted along with documentation supporting such request to the Township Council, who may grant the requested waiver or establish a date for hearing on said request pursuant to § 245-8, Hearings, set forth hereinafter.
An applicant may appeal the denial of his requested permit to the Township Council for reconsideration and hearing as set forth in § 245-8, Hearings, set forth hereinafter.
A.
Request for hearing.
(1)
Upon written request for a hearing made by the applicant
to the Township Council, an opportunity to be heard shall be granted
within 30 days thereafter. The Township Council, in considering and
reviewing the application and in arriving at its decision, shall be
guided by and take into consideration the public health, safety and
general welfare and particular consideration shall be given to the
following factors:
(a)
Soil erosion by water and wind.
(b)
Drainage.
(c)
Soil fertility.
(d)
Lateral support slopes and grades of abutting
streets and lands.
(e)
Land values and uses.
(f)
Water quality standards that are not in conformance
with and acceptable pursuant to New Jersey Department of Environmental
Protection guidelines.
(g)
Such other factors as may bear upon or relate
to the coordinated, adjusted and harmonious physical development of
the township.
(h)
Restoration plan and continuous compliance with
said plan.
(2)
The Township Council may, where it deems necessary in order to evaluate the aforesaid factors, require the applicant to perform on-site test borings and such other related testing as may be required and to make such modifications of the plan or map to be filed as required pursuant to § 245-3 hereof.
B.
After examining the application and the map provided for in § 245-3 of this chapter and after the hearing in the event a hearing is requested by the applicant, and if the Township Council shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creating of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted for a period not to exceed one year. Any conditions of approval shall be duly noted in the permit.
If permission to remove the soil shall be granted,
the owner or person in charge shall so conduct the operations that
there shall be no sharp declivities, pits or depressions and in such
a manner that the area shall be properly leveled off, cleared of debris
and graded to conform with the contour lines, grades and restoration
plans as approved by the Township Council of the Township of Monroe.
A.
The applicant shall be required to post with the Township
Treasurer the sum of $1,000 to be held in an interest-bearing escrow
account by the township for the purpose of guaranteeing appropriate
surety to effect such cleanup in the event of the applicant's noncompliance
or failure to maintain reasonable maintenance of the highway from
debris emanating from the site. Said escrow account shall be maintained
during the term of the soil removal permit and shall be replenished
as necessary to maintain the balance of $1,000.
B.
The applicant shall evidence liability insurance in
sums not less than $100,000/$300,000 per accident. Such insurance
shall indemnify the township from the operations of the applicant.
A certificate or copy of said policy shall be delivered to the Municipal
Clerk for filing.
A.
No excavation shall be made and no soil shall be removed
under the provisions of this chapter unless a permit therefor shall
have been first obtained as provided herein, and no excavation shall
be made and no soil shall be removed except in conformity with the
provisions of this chapter. Said permit shall contain the name and
address of a person residing within the State of New Jersey upon whom
lawful process may be served.
B.
Subsequent to the issuance of the soil removal permit,
the applicant, prior to the commencing of each soil removal operation
in accordance with the permit, shall be required to submit the following
to the Municipal Engineer for approval:
(1)
An operation schedule which shall set forth the approximate
length and hours of operation and the section of the site to be excavated,
as well as an appropriate schedule of repair and restoration work
(such as grading, seeding and fertilizing) in reference to this operation.
(2)
A highway traffic plan which shall delineate the proposed
entrances and exits and the approximate number and use of personnel
to be utilized for the purpose of highway safety and traffic direction
as well as the highway cleanup.
C.
Without the express written approval of the Township
Engineer, no fertile top layer (topsoil) shall be removed from the
site. All such material shall be appropriately stockpiled for use
in restoration and repair of the site.
D.
No soil shall be removed which is within five feet of the seasonal high-water table or unless approved pursuant to § 245-4G.
E.
No permitted operation shall utilize blasting or explosives.
F.
The top of the natural slope or cuts for any excavation
and any mechanical equipment shall be at least 200 feet from any property
line and at least 200 feet from any public street.
G.
The area excavated shall be graded and covered with
four inches of topsoil and seeded with perennial grass during the
planting season. If sufficient topsoil is not available from the premises,
then a cover crop as prescribed by the Township Engineer shall be
spread on the premises.
A.
All persons presently conducting soil removal or soil
excavating operations shall conform to the standards and requirements
set forth herein within six months from the adoption of this chapter.
B.
The Township Council may extend the period of time
for compliance with these requirements for additional periods of up
to six months upon proper application for and good cause shown.
The permittee shall permit inspection of the
premises at all reasonable business hours by the Mayor, members of
the Township Council or by such designated township officials as the
Mayor or Township Council may lawfully authorize to inspect and report
thereon to the Mayor administratively or the Council legislatively.
A.
No permit shall be transferable in any manner whatsoever
from the applicant to whom the permit is issued to any other person
or persons.
B.
In the event that a change of 10% or more of the stock
ownership of a corporation or a change in the partnership ownership
or structure in the case of a partnership occurs, such change shall
be deemed a transfer of the license and shall require the approval
of the Township Council as set forth within this chapter.
Upon 10 days' written notice and an opportunity
to be heard before the Council, the permit of any person may be revoked
or suspended for such time or period as the Council may determine
for any violation of the terms hereof or the terms and conditions
of any permit granted or issued hereunder. Written notices shall be
given at the address set forth in the original application or amendments
subsequently filed with the township.
[Amended 5-21-1986 by Ord. No. O-15A-86]
Any person, firm or corporation violating any
of the provisions of this chapter shall be subject to a fine not exceeding
$1,000 or imprisonment in the county jail for a term not exceeding
90 days, or both, in the discretion of the Municipal Court before
whom such conviction shall be had. Each and every violation of and
nonconformance with this chapter or each day that any provision of
this chapter shall have been violated shall be construed as a separate
and distinct violation thereof.
[Added 5-18-1987 by Ord. No. O-14-87; amended 8-5-1996 by Ord. No. O-11-96]
A.
No person shall conduct any soil removal activities
Monday through Saturday between the hours of 8:00 p.m. and 6:00 a.m.
No such activities shall be permitted at any time on Sunday.
B.
No person shall conduct any trucking activities Monday
through Saturday between the hours of 8:00 p.m. and 6:00 a.m. No such
activities shall be permitted at any time on Sunday.
C.
This section shall apply notwithstanding any limitations
on an approval previously issued by the Monroe Township Zoning Board
of Adjustment at the time of issuance of a variance to conduct soil
removal in a zone not otherwise permitting such use.
