[HISTORY: Adopted by the Township Committee
of the Township of Mantua 8-15-1972 (Ch. 88 of the 1978 Code). Amendments noted where applicable.]
No excavating, digging or mining of sand or
gravel may be done for commercial purposes in the Township of Mantua
without first obtaining a permit from the Township Committee in the
manner set forth hereinafter.
[Amended 5-13-1975; 2-22-1983 by Ord. No. 2-1983]
Permits shall expire June 30 of each year and
may be renewed upon the same conditions as were imposed upon the original
issuance of the permit or upon amended, changed or modified conditions.
Applications for renewal permits need not be referred to the Planning
Board for recommendation if, in the opinion of the Mayor and Township
Committee, the applicant has conducted operations and rehabilitation
on the site in accordance with the approved plan of operations and
rehabilitation.
[Amended 5-13-1975]
For a permit to operate a sand or gravel pit
or excavation, it shall be prerequisite to produce at the time of
application and to keep in force for the term of the permit a performance
bond in an amount sufficient in the opinion of the Mayor and Township
Committee to assure the rehabilitation of the site of operations,
after having considered the area and depth of the excavation or proposed
excavation along with any facts relevant to the cost of rehabilitating
the site according to the terms of this chapter and site plan submitted
by the applicant showing proposed final topography and proposed final
site conditions. Such bond shall be issued by a recognized surety
company authorized to do business in New Jersey and approved by the
Mayor and Township Committee and shall obligate said surety to cause
rehabilitation of the site according to the terms of this chapter
and/or the site plan submitted by the applicant in the event the applicant
fails to effect said rehabilitation. The obligation of the surety
aforesaid shall be to cause the rehabilitation at its expense, limited,
however, to the just or penal sum of the bond, whichever is greater.
[Amended 5-13-1975]
Permits shall be granted only after application
for said operation has been made to the Mayor and Township Committee,
who shall refer the same to the Planning Board for recommendation.
Applications shall be accompanied by a site plan and certified test
borings showing the conditions of the site at the time of application,
proposed final conditions of the site, proposed area of operation,
both existing and proposed final contours, the minimum distance between
any excavation or stripping operation and existing street and property
lines and existing structures, and the proposed manner of operation,
and specifying whether the operation shall be conducted in stages,
and, if staging is proposed or required, providing a plan of rehabilitation
with respect to rehabilitation of the site made necessary as the result
of an antecedent stage of work, the proposed manner of routing of
traffic to and from the site and proposed restoration or improvement
of the site at the conclusion of excavation or stripping operations,
and such other information as the Township Committee or the Planning
Board shall deem necessary.
In addition, the following conditions shall
be complied with:
A.
The lot area of the property on which the use is to
be conducted shall be not less than three acres in size.
B.
No permitted operation shall utilize blasting or explosives.
C.
Hours of operation. There shall be no operation on
Sundays, legal holidays or at any time other than between the hours
of 8:00 a.m., and 7:00 p.m., prevailing time.
D.
All processes and equipment used in the permitted
operation shall be constructed and operated in such a manner as to
reduce dust and vibration to an amount not objectionable or detrimental
to the normal use of an adjoining property, and each use shall utilize
such dust-collection or other devices as are necessary to ensure that
the use will not constitute an objectionable condition.
[Amended 5-13-1975]
E.
All operations shall be conducted in such a manner
as to prevent so far as is practicable the overloading of vehicles
and the spilling of gravel, sand or any other materials on the street
or highway.
F.
Fencing. Where any open excavation shall have a depth
in excess of 10 feet or create a slope of more than 30°, there
shall be erected a chain link fence or equal at least six feet high
with suitable gates where necessary, effectively blocking access to
the area in which such excavation is located. Such fence shall be
located 50 feet or more from the edge of the excavation.
[Amended 5-13-1975]
G.
Slope. The slope of the material in any excavation
shall not exceed the normal angle of repose or 26°, whichever
is smaller.
[Amended 5-13-1975]
H.
No graded or backfilled area shall be permitted to
collect stagnant water.
I.
Minimum distance from lot lines. Cuts for any excavation
and any mechanical equipment shall be at least 50 feet from any lot
line. Both the base and top of such slope shall not be nearer than
200 feet to any public street or nearer than 50 feet to any property
line, nor within 500 feet of any church, school or public or semipublic
building or within 1,000 feet of any residential or business development.
No excavation shall proceed beyond a depth of 20 feet below contiguous
ground, unless the applicant can demonstrate to the appropriate municipal
body that it will not have a deleterious effect on the surrounding
environment.
[Amended 5-13-1975]
J.
Rehabilitation of the site. After any such operation,
the site shall be made reusable for the use permitted in the zone.
Where topsoil is removed, sufficient arable soil shall be set aside
for retention on the premises and shall be respread over the premises
after the operation. The area shall be brought to a final grade by
a layer of arable soil two feet in thickness or its original thickness,
whichever is less, capable of supporting vegetation. Fill shall be
of a suitable material approved by the Mayor and Township Committee.
An appropriate visual barrier may be required to screen the removal
operation if, in the opinion of the Planning Board and/or the Mayor
and Township Committee, the surrounding land uses require such screening
for compatibility.
[Amended 5-13-1975]
K.
Performance bond. In the event that there is a breach of conditions of approval, the Mayor and Township Committee may, at the option of the Mayor and Township Committee and pursuant to an agreement with the surety, after five days' notice to the applicant or its representatives, take possession of the site and proceed with the rehabilitation of the premises in accordance with the plan prescribed in the aforesaid Subsection J, charging the cost thereof to either the applicant or surety company, or both.
[Amended 5-13-1975]
L.
Liability insurance. Every operator or owner shall
deliver a public liability insurance policy in limits fixed by the
Mayor and Township Committee against liability arising from any such
operation and activities incidental thereto during the period of such
operation.
[Amended 11-13-1973]
After 10 days' notice and an opportunity to
be heard, the Township Committee may revoke or suspend any permit
issued hereunder if it finds that the permittee is violating the terms
of this chapter or any state law.
[Added 11-13-1973]
No soil shall be removed which is within eight
feet of the existing water table.
[Added 5-13-1975]
A.
Every application for a permit and/or site plan review
by the Planning Board or the Township Committee shall be accompanied
by an application fee of $50.
[Amended 2-22-1983 by Ord. No. 2-1983]
B.
In addition, each applicant shall deposit in cash
with the Township Clerk, to be placed in escrow by the Township to
cover the cost of professional services and review, including engineering
and legal or other incidental expenses connected with processing and
reviewing the applicant's site plan and borings and verifying site
conditions originally and during the pendency of operations, a sum
in accordance with the following initial schedule:
(1)
For review of site plans and borings relating to up
to 10 acres: $500.
(2)
For review of site plans and borings relating to up
to 25 acres: $800.
(3)
For review of site plan(s) and boring(s) relating
to up to 50 acres: $1,000.
(4)
For review of site plan(s) and boring(s) relating
to any site above 50 acres: $1,250.
C.
Sums not utilized in review and inspection process
shall be returned to the applicant. If additional sums are deemed
necessary, the applicant shall be notified of the required additional
amount and shall deposit such sum in the escrow account.
D.
Each applicant who shall submit an application with
accompanying site plan and certified test borings shall agree in writing
to pay all reasonable costs for professional review of the application
and professional inspection of the site during the pendency of the
operations.
[Amended 4-25-1978; 4-25-1989]
A.
Any person, entity or corporation who or which violates
any provision of this chapter shall, upon conviction thereof, be punishable
by one or more of the following: imprisonment in the county jail or
any place provided by the municipality for the detention of prisoners
for a term up to but not exceeding 90 days or by a fine of not less
than $100 and not more than $2,000 or by a period of community service
up to but not exceeding 90 days, or any combination of the above.
B.
Each day that a violation exists, occurs or continues
shall constitute a separate offense for the purpose of imposing the
penalties referred to above.
