[HISTORY: Adopted by the Township Committee of the Township of Wall
11-8-1978 as Sec. 10-2 of the Revised General Ordinances. Amendments noted
where applicable.]
It is the intent of this chapter to license and regulate the business
of mining of land and to provide for the protection of persons and property
and for the preservation of public health, safety and welfare of the inhabitants
of the Township of Wall and to insure that mining operations shall be conducted
in such a manner as to create a minimum of annoyance from noise and dust to
nearby owners or occupants of property, provide for the safety of persons,
and further to insure that the mined area shall be suitably and reasonably
rehabilitated after mining operations have been completed or otherwise terminated.
For the purpose of this chapter, certain words as used herein shall
be defined as follows:
An extraction process involving the excavation of soil, sand, gravel,
stone, clay, topsoil, humus, peat or other natural mineral deposits and the
removing of it from the mined premises.
Includes any person, firm, partnership, association, corporation,
company or any other legal entity.
The land which a person has a right to mine as permitted by Chapter 140, Land Use and Development Regulations, or by variance or by virtue of a valid nonconforming use.
No mining or excavating shall be conducted within the Township of Wall unless a license shall have been obtained under the provisions of this chapter and unless the right to mine is permitted by Chapter 140, Land Use and Development Regulations, or has been granted by variance or has been established as a valid nonconforming use. No license shall be issued to any person who is not the owner of the premises.
Application for a license required by this chapter shall be made upon
forms provided by the Township Clerk. An application shall be submitted by
each current property owner covering all lots on which a mining operation
is proposed to be conducted, and the application shall be signed by the applicant
and shall be submitted to the Township Clerk on or before November 1 of every
other year, for the renewal of a license for the following two-year period.
All licenses shall be issued for periods of two years. The applications for
licenses shall contain the following information:
A.
The name and address of the applicant, if an individual;
the name, residence and business address of each partner, if a partnership;
the name and principal place of business if a corporation; and if a foreign
corporation, whether the same is authorized to do business in the State of
New Jersey.
B.
The street address and the block and lot numbers of the
premises on which the mining operation is proposed to be conducted.
C.
Five copies of the current plan submitted to the Freehold
Soil Conservation District of the premises where the business is to be conducted,
prepared by a licensed engineer and land surveyor, showing the entire tract
involved, all roads or buildings within 250 feet thereof, the existing elevations
of all buildings and structures on the premises, existing and proposed final
contours of the premises and adjoining lands, all brooks, streams or bodies
of water on the premises or within 250 feet thereof, all existing surface
and subsurface water drainage conditions and provisions therefor, all wooded
areas, the quantity in cubic yards of the material to be mined, the grades
of all abutting streets and lands, and all entrances or exits to the premises,
together with fences or gates erected or to be erected. Any requirements hereof
which are not shown in the Freehold Soil Conservation District plan may be
shown by an overlay.
D.
The hours during which the mining or excavating will
be conducted.
E.
The location and description of permanent monuments for
property corners and benchmarks at the limits of excavation sites.
F.
A statement describing all equipment to be used directly
or indirectly in the mining operation and whether or not the said mining operation
is conducted above or below groundwater level.
G.
Routes to be utilized in transporting materials within
the Township of Wall.
H.
Proof of certification of a Soil Erosion and Sedimentation
Control Plan by the Freehold Soil Conservation District.
I.
A test boring report providing the elevation of the seasonal
high water table in each five-acre section to be excavated, uniformly located
on the property.
J.
A plan for rehabilitation of the site.
Each application for the issuance, renewal or transfer of any license
shall be accompanied by a fee of $1,500 to defray the Township's costs in
connection with the application.
All license applications shall be reviewed by the Township Engineer
who shall certify as to whether or not they comply with the requirements of
this chapter, and, if so certified, the Township Committee shall approve the
issuance of a license. All licenses shall expire on December 31 of the second
year for which they are issued, and may be renewed pursuant to the requirements
hereof for the issuance of licenses. A license shall be obtained for all premises
on which the owner has a nonconforming right to conduct mining operations.
No license shall be issued until the applicant shall have posted with
the Township Clerk a performance bond in the form and with a surety acceptable
to the Township Committee in the amount of $50,000 to insure the faithful
performance of the work for which the license is to be granted in compliance
with the provisions of this chapter, including all work required for the rehabilitation
of the premises.
A.
Mining or excavating may be conducted and vehicles and
equipment may be operated on the premises only from Monday through Saturday
between the hours of 6:00 a.m. and 6:00 p.m., prevailing time. Construction
equipment may be operated during the said hours on Sunday, provided that such
equipment is operated no nearer than 1,500 feet from existing residential
structures, and further provided that no mining or excavating is conducted.
B.
The removal of any topsoil is hereby expressly prohibited.
All topsoil on premises being mined or excavated shall be temporarily stored
on the premises no closer than 150 feet from any lot line of the premises.
After operations have been completed or terminated, the topsoil shall be respread
over each section pursuant to levels and contour lines approved by the Township
Engineer and seeded with permanent rye grass or other appropriate cover crop.
C.
Operations shall be conducted so that not more than a total of 25 acres shall be mined or excavated at one time. Areas on which mining is completed shall be properly leveled, cleared of debris and graded to conform with the contour lines and grades approved by the Township Engineer. Rehabilitation of each such area shall be performed in accordance with the approved rehabilitation plan and within the time provided in § 150-9C hereof.
D.
No mining or excavating shall be permitted at any point
nearer than 150 feet from any public street and no nearer than 50 feet from
any lot line of the premises, and no excavating shall be permitted up to such
point below a slope of three feet horizontal to one foot vertical. The fifty-foot
limitation herein may be waived by the Township Engineer, if necessary, to
conform to the elevation of the adjoining lot.
E.
Notwithstanding the provisions of Subsection D above, the area within 150 feet of a street right-of-way may be excavated to an elevation no lower than the elevation of the road measured at right angles or radially to the street right-of-way line.
F.
The licensee shall not cause soil erosion, drainage or
sewerage problems or other conditions detrimental to the public health, safety
or welfare.
G.
Transportation of all materials off premises shall be
conducted in such a manner as to prevent the blowing of dust or the spilling
of gravel, soil or any other material from the vehicles.
H.
There shall be erected a snow fence or equal, at least
four feet high around any open excavation the slopes of which are steeper
than a ratio of three feet horizontal to one foot vertical.
I.
No excavation shall be permitted to within eight feet
of the avenge high water table. However, excavation may be conducted at lower
levels for the purpose of creating a pond, provided that the pond is part
of a rehabilitation plan approved by the Township Committee and the Freehold
Soil Conservation District.
J.
Appropriate measures shall be employed so as to prevent
the dissemination of dust into the atmosphere or beyond the perimeter of the
property.
K.
No graded or backfilled area shall be permitted to collect
stagnant water.
L.
All natural vegetation within 150 feet of public street
and 50 feet of all property lines shall not be removed.
M.
Noise shall be controlled in accordance with the requirements
of N.J.A.C. 7:29-1 et seq.
N.
All explosives used in connection with any mining operations
shall be handled in accordance with the New Jersey Explosives Act (N.J.S.A.
21:1A-128 et seq.) and regulations promulgated thereunder.
O.
No material mined or excavated shall be stockpiled at
any point nearer than 150 feet to the lot line of the premises.
P.
No excavation shall be located nearer than 200 feet to
any school, church, recreational facility or other public building or private
or public hospital or nursing home. No excavation shall be located nearer
than 200 feet to any residential building existing at the time of adoption
of this chapter, or nearer than 100 feet to any residential, public or private
budding constructed hereafter. All such measurements shall be made by a straight
line between such buildings and the nearest point of excavation.
Q.
Every licensee shall maintain appropriate public liability
insurance against liability arising from any such operations or activities
incidental thereto during the period of said operations.
R.
No nonconforming mining use shall resume if it has been
abandoned. If the Code Enforcement Officer or the Township Committee determines
that there has been an abandonment, the owner may apply to the Board of Adjustment
for a determination as to whether or not there has been an abandonment of
the mining use with respect to a particular lot. If an owner obtains a mining
license for a particular lot on a continual basis, the nonconforming mining
use shall not be deemed to have been abandoned, despite the fact that active
mining operations may not have taken place on the lot.
S.
No new building shall be constructed within 50 feet of
a lot line which adjoins a lot for which a mining license has been issued.
A.
Prior to the approval of any application for the issuance,
renewal or transfer of any mining license, a plan for rehabilitation shall
be submitted and approved for each current or proposed section to be excavated.
The plan shall show both existing and proposed final contours.
C.
The rehabilitation of each section shall be commenced
within 60 days and completed within 360 days after the excavation within the
section has been completed. Excavation at a second section may be commenced
during the rehabilitation of a section; provided, however, that no excavation
shall be commenced on a third section until all rehabilitation is completed
and approved on the first section to be excavated.
After 10 day's notice and an opportunity to be heard, the Township Committee
may suspend or revoke any license issued under the chapter if it finds a pattern
of repeated violations or that the licensee is in violation of any material
term or provisions hereof or any applicable statute or regulation of the State
of New Jersey in such a manner as to result in substantial detriment to the
health, safety or welfare of the inhabitants of the Township of Wall.
A.
Application forms for renewal or transfer of licenses shall be obtained from the Township Clerk. All applications for renewal or transfer of licenses shall conform to the requirements of § 150-4 hereof for the issuance of licenses.
B.
Completed applications shall be personally delivered,
or delivered by registered or certified mail to the Township Clerk, and shall
be accompanied by a fee of $1,500 at least 60 days prior to the date requested
for renewal or transfer. Transfers of licenses shall be prohibited except
to subsequent purchasers of the premises.
C.
No renewal or transfer of a license shall be approved
until any and all unpaid taxes, assessments or other municipal charges or
liens are paid in full.
D.
No renewal or transfer of any license shall be approved
if, upon inspection of the subject property by the Township Engineer and the
Code Enforcement Officer, violations of this chapter are found to exist.
E.
After receipt of the written application for transfer
or renewal from the Township Clerk, together with the site inspection report
of the Township Engineer and Code Enforcement Officer, the Township Committee
may, by resolution, authorize the renewal or transfer of the mining license,
deny the renewal or transfer of the mining license as the result of violations
of this chapter, or, authorize the renewal or transfer of the license subject
to the correction of any such violations.
F.
Subsequent to the adoption of a resolution approving
the transfer of any mining license, the license shall be presented by the
holder or transferee thereof to the Township Clerk for proper endorsement.
A.
This chapter shall be enforced by the Township Engineer
or Code Enforcement Officer, who shall investigate any violation of this chapter
coming to their attention, whether by complaint or arising from their own
personal knowledge.
B.
If a violation is found to exist, the Code Enforcement
Officer shall serve a written notice by certified mail or personal service
upon the owner or other party in charge of the licensed premises, which notice
shall require said violation to be abated within 30 days from the date of
service thereof, or within such lesser period of time as the Township Engineer
shall deem reasonable in cases where the damage to the public health, safety
and welfare requires more immediate abatement.
C.
If the violation is not abated within the time specified,
the Code Enforcement Officer shall issue a summons in Municipal Court for
said violation and notify the Township Committee thereof.
Any expenses incurred by the Township in enforcement of this chapter
shall become a lien on the property if not paid within the calendar year in
which incurred.
Any person who violates any provision of this chapter or who otherwise fails to fully comply with any of the requirements of this chapter shall for each such violation or offense be subject to a fine as stated in Chapter 1, Article I. Each day that a violation or offense continues shall constitute a separate violation hereof.
No mining license shall be issued under this chapter for any property
until the Township Clerk receives a certification from the Tax Collector that
all real property taxes and assessments pertaining to the property or properties
for which the mining license is to be issued are current and that no such
taxes or assessments are then due and owing.
