[HISTORY: Adopted by the Township Committee of the Township of Holland 11-5-1980 by Ord. No. 80-23. Amendments noted where applicable.]
No person shall excavate or otherwise remove soil, rock, sand or gravel for sale or for use other than on the premises, in the Township of Holland, from which the soil, rock, sand or gravel shall be taken, until a permit therefor has been issued and becomes effective, in the manner provided in this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- A parcel or tract of land constituting a Tax Map lot of record as shown on the Tax Map of the Township of Holland.
No permit shall be required for the excavation and removal of soil, rock, sand or gravel in connection with the construction or alteration of a building, structure, off-street loading or parking area, street, roadway or driveway and normal excavation or normal grading incident thereto, so long as such soil, rock, sand or gravel is redistributed and kept on the same premises or with respect to improvements approved as part of a subdivision under Chapter 100, Part 2, Development Regulations, of the Code of the Township of Holland upon a tract of which the premises is or was a part when such premises was created as a separate Tax Map lot of record pursuant to such approved subdivision.
Prior to the issuance of any permit required by this chapter, the owner of the premises, or his agent, shall have filed with the Township Clerk an application, in triplicate, requesting such permit, all applicable fees, evidence that no taxes or assessments owing and due on the premises are unpaid and all plans, calculations, reports and exhibits as required in § 140-6 of this chapter.
The Township Clerk, upon receipt of the completed application and other items referred to in Subsection A hereof, shall deliver a copy of the same to the Township Zoning Officer, the Township Engineer and the Township Environmental Commission for their preliminary determination of adequacy.
The Township Zoning Officer shall review the same for compliance with Chapter 100, Part 1, Zoning, of the Code of the Township of Holland and shall advise the Township Clerk and the applicant if, in his opinion, any aspect of the proposal contained in the application and other items does not so comply.
The Township Engineer shall review the same and inspect said premises and, if the application involves the excavation or removal of less than 500 cubic yards of soil, rock, sand or gravel and complies with said zoning provisions shall, within 21 days of receipt of a complete submission, make a complete written report to the Zoning Officer as to whether the proposal as contained in such application complies with the provisions of this chapter. The Zoning Officer may, if the proposal as contained in such application complies with such zoning provisions and the provisions of this chapter, upon consultation with the Township Engineer, issue or deny the permit and report on the matter in full to the Township Committee at its next regular meeting, specifying in writing the reasons for any denial.
Where the application involves the excavation or removal of 500 cubic yards or more of soil, rock sand or gravel and is found as aforesaid to comply with said zoning provisions, the Township Engineer shall, within 21 days of receipt of a complete submission, make a complete written report to the Township Committee. Upon receipt of the application and the Engineer's report, the Township Committee may require that the applicant appear before it for a public hearing to explain and comment on the proposed operation or to present evidence concerning the proposal. Such hearing shall be on 30 days' written notice to the applicant. At least 10 days' written notice of such hearing shall also be mailed by the Township Clerk to all owners (as their names and addresses appear on the current tax duplicate of the Township) of real property located within 1,000 feet of the premises involved and shall be published by such Clerk in the official newspaper of the Township. All interested parties may be heard at any hearing required by the Township Committee.
When said application is found, as aforesaid, not to comply with said zoning provisions, no application for a permit hereunder shall be processed, and no permit shall issue until final determination has been made, pursuant to an appeal from said Zoning Officer's decision or a granted zoning variance, and no further appeal therefrom being possible, that the proposed activity requiring a permit hereunder either complies with said zoning provisions or is permitted by variance from said zoning provisions.
Prior to initial determination as to whether or not a permit may be issued hereunder, and prior to any required public hearing hereunder, the Township Committee may refer any application with all supporting documents and maps, made hereunder involving the removal of 500 or more cubic feet of rock, soil, sand or gravel to the Township Planning Board and Township Environmental Commission for recommendation regarding the issuance of such permit and any terms and conditions to be required with respect to any such permit consistent with the provisions of this chapter. Such reference shall not extend the time for action on the application by the Township Committee.
The Zoning Officer, Township Committee, Township Engineer, Township Planning Board and Township Environmental Commission, in considering and reviewing the application, plans and maps and in arriving at a decision regarding the issuance of a permit required by this chapter, shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the provisions of § 140-6 of this chapter.
Involved premises shall be subject to reasonable inspection by any representatives of the Township involved in such review and decision.
If, after examining the application, map and accompanying information required under this chapter and after a public hearing, if one is required, the Township Committee or Zoning Officer, as the case may be, shall be of the opinion that the proposed soil, rock, sand or gravel excavation or removal will not create conditions detrimental to the public health, welfare and safety or any other factor which would detract from the coordinated, adjusted and harmonious physical development of the Township and will comply with all specific provisions of this chapter relating to such excavation or removal and to conditions which may arise from it, the permit to excavate or remove soil, rock, sand or gravel shall be issued.
In the event that issuance of the permit is denied, the applicant, upon written request for a hearing of appeal made to the Township Committee, shall be given an opportunity to be heard within 30 days thereafter. At least 10 days' notice of such hearing shall be given to the applicant and property owners entitled to notice under Subsection B hereof and published in the official newspaper of the Township; all such notices shall be at the expense of the applicant. In the event that issuance of a permit is denied and the applicant then requests a hearing as provided for above, the Township Committee shall reconsider the issuance of such permit, and its decision shall be based upon the same criteria as in the case of an initial determination as to whether or not a permit shall be issued.
In granting permits, the Township Committee or Zoning Officer, as the case may be, shall have the power to impose reasonable terms and conditions for the issuance of such permit, or governing the proposed operation and conditions which may arise from it, as may be determined by them necessary for the public health, safety or general welfare and to provide for compliance with specific provisions of this chapter relating to such excavation or removal and conditions which may arise from it, including but not necessarily limited to a time limit for the completion of excavation or removal and a limitation of the time period of such permit to afford an opportunity for review of the adequacy of the initial terms and conditions as the proposed operation progresses and any other terms and conditions necessary to assure compliance with all provisions of this chapter.
The following nonrefundable review fees payable to the Township shall be paid at the time of application and shall be as established in Chapter 83, Fees:
Applications for less than 500 cubic yards not involving any site work other than the excavation and removal of the material.
Applications for less than 500 cubic yards which will involve site work other than the excavation and removal of the material.
Applications for 500 cubic yards or more not involving any site work other than the excavation and removal of the material.
Applications for 500 cubic yards or more involving site work other than the excavation and removal of the material.
The following nonrefundable inspection fees payable to the Township shall be paid prior to the commencement of the proposed work or operation and shall be as established in Chapter 83, Fees:
For applications involving the excavation and removal of 500 cubic yards or more of soil, rock, sand or gravel, the following information shall be required as part of the application for a permit hereunder, unless specifically waived by the Township Engineer as not required under the circumstances of the particular application for a determination of compliance with the provisions of this chapter:
The name and address of the applicant, if an individual; the name, residence and business address of each partner of the applicant if it is a partnership; the name, date and state under which organized, if a corporation, and, if a foreign corporation, whether the same is authorized to do business in the State of New Jersey. (A corporate applicant shall indicate the names of directors, principal officers and stockholders owning more than 15% of voting stock.)
A metes and bounds description of the premises from which soil, rock, sand or gravel is to be removed and a map or maps of the premises prepared by a professional engineer or land surveyor licensed in the State of New Jersey showing the entire tract involved, at a scale of one inch equals 50 feet (or other scale approved by the Township Engineer), all roads or buildings on the tract or within 200 feet thereof, existing contours at two foot intervals of the entire site involved and on adjoining lands within 200 feet of such site, contours to be created by the excavation and removal operation at a minimum of two foot intervals, with site grading plans and profiles, all brooks, streams or bodies of water, zoning district lines and lot lines on or surrounding the site involved and within 200 feet therefrom, plus names of lot owners within 200 feet of the site involved.
A certified copy of the deed of ownership of the premises involved as recorded in the County Clerk's office.
Maps containing the following information:
Soil types, as characterized by the Soil Conservation Service, with reference to codes or keys used to designate such types.
A reference to all Township natural resource inventory maps pertinent to the application.
Location of existing and proposed storm sewers and culverts and their discharge capacities and velocities, with supporting calculations if applicable.
The location and extent of any proposed dry wells, groundwater recharge basins, detention basins or other stormwater runoff control devices. When such devices are dependent on percolation on the premises or other lands over which applicant or its principal has control, percolation test results at appropriate locations designated with supplemental soil log and percolation data shall be furnished.
A statement as to the place(s) to which soil, rock, sand or gravel is to be transported.
A statement as to the type(s) of material to be removed.
A statement detailing:
Proposed methods of operation.
If applicable, the proposed number of employees and other personnel and their work duties and hours of day and week of operations.
Permanent and temporary buildings to be erected and their purposes.
Types of equipment and machinery proposed to be used and provisions for dust and dirt control while using this equipment.
A schedule and sequence of excavation and removal, planned starting time by month, areas to be disturbed and length of time to be disturbed, and planned completion time.
All means of vehicular access for ingress and egress to and from the site onto public streets, showing the size and location of driveways and curb cuts, including traffic channelization, acceleration and deceleration lanes, additional road widening or any other method necessary to prevent dangerous or difficult traffic situations, and demonstrating conformance to the design standards hereof.
Proposed sanitary facilities for all operating and truck personnel, demonstrating conformance to state and local standards.
Any proposed outdoor lighting, demonstrating conformance to the design standards hereof.
The size of all signs, specifying location, nature of construction, height and orientation, including all identification signs, traffic, directional signs, arrows and sign lighting, demonstrating conformance with state and local standards.
The location of fences, gates, buildings or structures to be erected or used in connection with the operation.
Security measures during hours of nonoperation.
A plan of soil erosion and sedimentation controls conforming to the design standards hereof.
Unless specifically waived, a statement, prepared by a professional engineer licensed by the State of New Jersey to accompany all plans and contain the following data with respect to environmental effects the proposed plan:
An assessment of the impact of the proposed operation on surrounding land values and uses.
An assessment of the probable impact of the operation upon water quality and water supply and an analysis of the effect of an approved source of water on the subject premises on the water table and water supply for surrounding properties.
Discussion of measures for controlling flooding, soil erosion and sedimentation during and after the period of operation.
Planned measures for tree protection during operation, vegetative cover or stabilization with sod, topsoiling and plantings of vines, shrubs and trees.
Discussion of proposed buffer areas, screening, landscaping and planting, including planting plan and schedule of plant materials, identifying existing and proposed plantings. Botanical and common names of plants and trees, dimensions, approximate time of planting and maintenance plans shall also be included.
Plans for dust control and wind erosion.
Wildlife survey and protection plan.
Plans for noise control.
Such other information as may be reasonably required by the Township Committee or Board of Adjustment to facilitate decision on the application.
Applications involving the excavation and removal of less than 500 cubic yards of soil, rock, sand or gravel and conforming to Chapter 100, Part 1, Zoning, shall be accompanied by the following minimum supporting data:
A plan prepared by a professional engineer licensed in the State of New Jersey at a scale of not less than one inch equals 100 feet showing the entire subject premises, all existing structures on the site and within 100 feet thereof, the general slope of the land with contours taken from the United States Coast and Geodetic Survey quadrangles and the designation of that area which is to be excavated.
A schedule setting forth time limits for the excavation and removal of the material and for the restoration of the site.
Excavations and removals of soil, rock sand or gravel requiring a permit hereunder, and involving 500 cubic yards of soil, rock, sand or gravel to be excavated or removed, shall comply with and shall be designed to comply with the following design standards:
Outdoor lighting shall be supplied which shall be adequate for security but not a nuisance to adjoining properties or those using public roads.
Fencing, consistent with the surrounding area, shall be provided for the security and public safety at a height generally not less than 72 inches, visibly impervious, with gates and locks or a watchman. Trees or shrubbery may be required to be planted in front of the fence to act as a screen or border.
All excavation and removals of soil, rock, sand or gravel requiring a permit hereunder shall also comply with and shall be designed to comply with the following design standards:
Traffic volume and flow shall be controlled to ensure no excessive wear and tear or safety hazard on streets and roads within the Township. Trucks leaving the premises must have an adequate line of sight for existing conditions in both directions at the point of ingress and egress. All trucks leaving the premises shall be washed in order not to carry dust and dirt onto public roads and shall be covered. Notice of this requirement must be posted on a sign not less than 24 inches square on the premises at a point visible to truck operators. Parking spaces shall be provided for vehicles waiting for loading. Parking spaces shall be provided at a minimum of one space for every two employees and related personnel involved in the project, unless more spaces are required by the conditions of the permit.
The hours of operation shall not exceed nine hours during daylight Monday through Friday and four hours during daylight on Saturdays or Sundays. No equipment shall be operated beyond operating hours.
All public streets shall be kept clean of material or debris resulting from the operation.
Illumination from lighting shall not exceed 0.5 footcandle at property lines of the premises.
An approved water source shall be available on the premises. This water is to be used for employees, sanitary facilities and water for control of dust and dirt on truck wheels and road leaving the area.
Where natural screening does not exist, landscaping consistent with the surrounding area must be provided using appropriate quality soil for revegetation and reforestation. Vegetative matter, trees, ground cover, shrubs and grass shall not be disturbed or stripped unnecessarily at the property lines in order to provide a natural buffer zone from adjoining properties.
Noise control shall be within the limits as specified by the New Jersey Department of Environmental Protection.
Immediate stopping of operations must occur at times when the average wind velocity, sampled at approximately five-minute intervals for a fifteen-minute period of time exceeds 25 miles per hour. Operations may resume when the average wind velocity, similarly sampled for a fifteen-minute period of time, does not exceed 25 miles per hour.
[Amended 12-30-1980 by Ord. No. 80-24]
Soil erosion and sediment controls shall conform to the requirements and standards established pursuant to the State Soil Erosion and Sediment Control Act with particular attention to the following:
The top layer of arable soil for a depth of six inches (the measurement to be taken on the soil in its natural state) shall not be taken away, but such top layer of arable soil to a depth of six inches shall be set aside on the premises and shall be respread over the premises when the rest of the soil, rock, sand or gravel has been excavated or removed. In any event, topsoil, of a quality not inferior to that removed, shall be spread over all areas disturbed and not covered by pavement or buildings to a depth of six inches. All dead trees and other dead vegetation and all junk and other debris shall be removed from the premises prior to the respreading of topsoil. Areas replaced with topsoil shall be seeded with a suitable seeding schedule unless the topsoil replaced shall still have a growing cover crop and shall be protected until such time as the crop is rooted sufficiently.
To the extent practical, the plans for reclamation or restoration of the premises shall take place in stages at a minimum of every one 180 days, or simultaneously with the excavation and removal, rather than awaiting the completion of the excavation and removal before the restoration and reclamation proceeds. A time limit of one year following the completion of all excavation and removal shall be established for the completion of restoration and reclamation.
Operations shall be conducted in such manner that there shall be no sharp declivities pits or depressions, that the area shall be properly leveled off, cleared of debris and graded to conform with the contour lines shown on the plan(s) required and in such manner as to comply with the terms and conditions upon which the permit was issued. Provisions shall be made for the grading of all slopes to a grade not to exceed one vertical to (1 1/2) horizontal. Benching may be required due to soil or subsurface conditions. Adequate accessways shall be provided to all benches.
If required by the Township Engineer, the applicant shall place, or cause to be placed, stakes at each corner of the lands from which the removal of material is to take place and grade stakes at existing elevation points shown on the topographical map, clearly marked to indicate cuts or fill.
The area from which rock, soil, sand or gravel is being removed shall be kept moist by a spraying of water or other similar measures to inhibit the blowing of dust or similar particles off the premises from such area.
[Amended 12-30-1980 by Ord. No. 80-24]
Before any permit issued becomes effective, the applicant may be required to file a performance bond with the Township Clerk, in a form approved by the Township Attorney, and with acceptable surety, in such amount as shall be deemed sufficient to assure the faithful performance of the terms and conditions upon which said permit has been issued and of the provisions of this chapter. The Township Engineer shall determine the amount of said performance bond, based on an estimate provided by the applicant's engineer, which shall be an amount equal to 120% of this estimate (or this estimate as revised by the Township Engineer, if necessary), and at least 10% of the amount of such performance guaranty is to be posted in cash.
The Township Committee, Zoning Officer, Township Engineer or the Township Committee's authorized representatives shall inspect the premises governed by a permit issued under this chapter monthly to determine whether there is compliance with all the terms and conditions of said permit and this chapter and all other applicable laws and ordinances.
After 10 days' notice to the holder of a permit and an opportunity to be heard, the Township Committee may suspend any permit issued under this chapter if it finds that a term or condition of such permit, any provision of this chapter or any Township ordinance or any applicable statute of the State of New Jersey is being violated in such fashion as will be substantially detrimental to the health, safety or welfare of the inhabitants of the Township.
This chapter shall be enforced by the Township Zoning Officer upon consultation with the Township Engineer, who shall investigate any alleged violation of this chapter coming to his attention, whether by complaint or arising from his own personal knowledge. If a violation is found to exist, he shall serve a written notice, by certified mail or personal service, upon the owner or other party in charge of the premises as to which the alleged violation exists, which notice shall require said violation to be abated within a period of 10 days from the date of service thereof or within such lesser period of time as the Zoning Officer shall deem reasonable in cases where the danger to public health, safety and welfare is so imminent as to require more immediate abatement. If such person fails to abate said violation within the time specified, the Zoning Officer shall notify the Township Committee and may prosecute a complaint to terminate said violation in Municipal Court.
Immediate stopping of operations must occur at times when the wind velocity causes particulate matters to be carried off site in order to protect the public health and safety. Written notice is not applicable in this situation, but failure to cease operations will cause a violation to be prosecuted as above.
[Amended 9-5-1989 by Ord. No. 1989-9]
The governing body may prescribe penalties for the violation of ordinances it may have authority to pass, either by imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days or by a fine not exceeding $1,000, or both. The court before which any person is convicted of violating this chapter shall have power to impose any fine or term of imprisonment not exceeding the maximum fixed in this chapter.
Any person convicted of the violation of this chapter may, in the discretion of the court by which he was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the county jail or place of detention provided by the municipality for any term not exceeding 90 days.
Where waters within the jurisdiction of the State of New Jersey will be involved in any excavation or removal for which a permit is required hereunder, before any permit issued hereunder becomes effective, the applicant shall comply with all state statutes and regulations, including the obtaining of any necessary state permits, from the Delaware River Basin Commission or Department of Environmental Protection, which must be complied with before such excavation or removal can lawfully proceed.
Where the proposed excavation or removal will also be under the jurisdiction of the Soil Erosion and Sediment Control Act of New Jersey and of the standards adopted pursuant thereto, before any permit issued hereunder becomes effective, a soil erosion and sediment control plan pursuant to said Act and standards shall have been certified. No provisions of this chapter shall be construed to require any action to be taken or not to be taken which is in conflict with the provisions of any such certified soil erosion or sediment control plan or in conflict with any enforcement proceedings taken pursuant to said Act.