[HISTORY: Adopted by the Township Committee
of the Township of Little Egg Harbor 5-10-2007 by Ord. No. 2007-08. Amendments noted
where applicable.]
This chapter shall be known as the "Soil Removal,
Excavation and Mining Ordinance."
The governing body of the Township of Little
Egg Harbor has made the following determinations:
A.
The unregulated and uncontrolled removal, relocation,
filling and excavation of soil by the owners of property within the
Township is likely to result and has resulted in conditions detrimental
to the public health, safety and general welfare of the citizens of
the Township. The unregulated and uncontrolled removal, relocation,
filling or excavation of soil in, on or from lands within the boundaries
of the Township will create one or more of the following conditions:
a serious erosion by wind and water; inadequate and improper or complete
lack of surface water drainage; decrease in or destruction of the
fertility of the soil; removal of lateral support of abutting streets,
lands and premises; and the creation of excessive amounts of dust
and deposit of such dust and siltation on adjoining property; the
deposit on the streets of the Township of large quantities of mud,
dirt or dust; the deterioration of adjoining property values; the
rendering of lands unfit or unsuitable for their most appropriate
uses; and other conditions hampering and interfering with the coordinated
and harmonious physical development of the Township.
B.
Such stripping and removal operations are denuding
the area involved of all trees, underbrush, natural vegetation and
topsoil and are creating problems of erosion, siltation, dust and
drainage, all of which are detrimental to adjoining lands as well
as to the health of the citizenry.
This chapter shall apply as follows:
A.
No owner, applicant, developer, excavator, subdivider or other person
shall engage in commercial mining, excavating and soil removal, as
defined herein, on any premises in the Township for use other than
on the premises from which it is taken, until obtaining a permit in
accordance with the provisions of this chapter.
[Amended 11-13-2014 by Ord. No.
2014-20]
B.
This chapter shall apply to all existing and proposed
mining operations in the Township, regardless of whether the existing
operation is conforming or nonconforming. All existing operations
shall file for the required permit within six months of the effective
date of this chapter or when the current soil removal permit expires,
whichever is later.
C.
This chapter shall not apply in the following situations:
(1)
To the removal of soil for building excavations, a
private sewage disposal system or landscaping.
(2)
To the plowing, spading, cultivation, harrowing or
disking of soil or any operation usually associated with agricultural
or horticultural purposes.
(3)
To any operations for the purposes of soil and water
conservation as defined or prescribed by the Soil Conservation Service
of the United States Department of Agriculture.
D.
Soil removal permits are not required for projects
involving the removal of less than 1,000 cubic yards of soil, where
the peculiar topographic conditions existing on a property make it
unusable for the purpose for which it is zoned, and where the removal
of soil, where properly performed, may result in the benefit of the
Township in the reclamation of the property for its zoned use. This
exemption shall not apply in the Pinelands Area unless the activity
is part of another Pinelands approved development on the site.
The following words shall have the following
definitions:
An individual, partnership or corporate entity who applies
for a soil removal permit in the Township of Little Egg Harbor.
The digging, excavating or removal of sand, gravel, clay,
ilmenite or stone for the purpose of selling or with the knowledge
that same or any part thereof is to be sold, resold or used as a part
of a commercial enterprise.
Any person engaged in the moving, removal or excavation of
soil or topsoil from, in or upon any land in the Township.[1]
Any person seized in fee simple of any land or having such
other interest or estate as will permit the exercise of effective
possession, dominion or control.
One or more contiguous parcels of land in single ownership
or control. Parcels shall not be deemed to be contiguous if separated
by a road, railroad, right-of-way, brook, stream or other natural
division except in the Pinelands Area where such separation shall
not affect the contiguity of land.
Any earth, sand, gravel, clay, loam, gravel, humus, rock
or dirt, irrespective of the presence or absence of organic matter.
Soil that, in its natural state, constitutes the top layer
of the earth, is composed of 2% or more weight of organic matter and
has the ability to support vegetation. Topsoil shall also include
the overburden stockpiled during clearing operations.
[1]
Editor’s Note: The former definition of “move,”
which immediately followed this definition, was repealed 11-13-2014
by Ord. No. 2014-20.
General requirements:
A.
All applications for soil removal must be approved
by the Planning Board. In order for a permit application to be considered
at a Planning Board meeting, the application, application fees and
all documents required by this chapter must be filed with the Secretary
of the Planning Board at least five weeks prior to the regular Planning
Board meeting.
B.
The administrative officer of the Planning Board shall, within 45 days, determine if the application is complete. If the application is deemed complete, the Planning Board shall schedule a public hearing on the application, said hearing to be held within 45 days. The applicant shall be responsible for providing notice to all property owners within 500 feet of the premises and shall provide notice, as required by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., for a development application. For applications in the Pinelands Area, the applicant must notify the Pinelands Commission in compliance with the requirements of Chapter 212, Land Development.
C.
Upon deeming the application complete, the Planning
Board shall transmit copies of the application to the Township Engineer
and Township Environmental Commission for their review. The Engineer
shall report his findings in writing to the Planning Board within
30 days of the date of referral. The Environmental Commission shall
also submit its recommendations on the application to the Planning
Board within 30 days; however, if the Environmental Commission has
not transmitted a recommendation within the thirty-day period, it
shall be deemed to have taken no position with regard to the application.
D.
The Planning Board shall, after reviewing the application,
the report(s) and holding the public hearing, take appropriate action
by resolution. An applicant who receives Planning Board approval may
request the Township Clerk to issue the necessary permit. Prior to
issuance of the permit, the Township Clerk and Township Engineer must
find that all fees are paid, bonds are posted and other requirements
are met; both the Township Engineer and Township Clerk must sign the
permit in order for the permit to become effective.
E.
All permits shall be for a period of two years. No permits shall extend beyond said maximum two-year period without submission and approval of a new application. The renewal application must meet all the requirements specified in this chapter, with the exception of the inspection fees specified § 290-9C.
[Amended 7-24-2008 by Ord. No. 2008-08]
F.
Plans submitted as part of the permit application shall be developed in accordance with the requirements of N.J.A.C. 12:185 et seq., Rules and Regulations for Pits and Quarries; Laws of New Jersey 1972, Chapter 418; N.J.A.C. 7:29 et seq., Noise Control; N.J.S.A. 34:6-98.1 et seq., Mine Safety Act; U.S.P.L. 91-596; Chapter 212, Land Development; and other such requirements that may be applicable.
G.
Any mining operation must receive a soil erosion and
sediment control permit — mining permit from the Ocean
County Soil Conservation District in accordance with Chapter 451 of
the Public Laws of 1980 of the State of New Jersey. No permit may
be issued by the Township and no mining may commence until a copy
of the Ocean County Soil Conservation District permit has been filed
with the Township Engineer, Planning Board, Township Clerk and Code
Enforcement Officer.
H.
In addition to the above requirements, applicants for permits in the Pinelands Area must comply with the requirements for development specified in Chapter 212, Land Development. The Planning Board may not deem the application complete unless it is accompanied by a certificate of filing issued by the Pinelands Commission.
Unless the submission requirements are modified or waived by the Planning Board, an application filed pursuant to this chapter shall include at least the information listed below. The applicant shall file with the Planning Board Secretary three application forms addressing the items listed below, as well as 20 copies of the site plan map prepared in accordance with the requirements specified in Chapter 212, Land Development, and the fees specified in § 290-9A. In addition, the applicant must file the soil erosion and sediment control permit issued by the Ocean County Soil Conservation District and, if the project is in the Pinelands Area, the certificate of filing issued by the Pinelands Commission.
A.
The applicant's name and address and his interest
in the subject property.
B.
The owner's name and address, if different from the
applicant's, and the owner's signed consent to the filing of the application.
C.
The legal description, i.e., block and lot number,
and the street address, if any, of the subject property.
D.
The present use of the subject property.
E.
A project site base map, at a scale of no less than
one inch to 200 feet, including the area extending 300 feet beyond
each boundary of the subject property, showing ownership boundary
lines; the boundary of the proposed development; owners of holdings,
if any, adjoining and adjacent to the subject property existing facilities;
buildings and structures on the site; all proposed development, wetlands,
streams, including intermittent streams, rivers, lakes and other water
bodies; and existing roads. On an annual basis, prepare a site plan
of the area to be mined at a scale not greater than one inch equals
50 feet showing existing and proposed contours. In Pinelands Area,
said location map must also indicate all forest associations and wildlife
habitats.
F.
A soils map, including a county soils survey, in conformance
with the guidelines of the United States Department of Agricultural
Soil Conversation Service, at the same size and scale as the project
site base map, delineating all soil series at an appropriate level
of detail.
G.
For projects in the Pinelands Area, a resource capability
map, at the same size and scale as the project site base map, indicating
the cumulative limitations to development due to the standards and
guidelines contained in the Pinelands Comprehensive Management Plan.
H.
A map, at the same size and scale as the project site
base map, showing existing vegetation and identifying the significant
vegetation types in the area.
I.
A map, at the same size and scale as the project site
base map, showing stormwater drainage patterns and calculations and
the applicant's proposed stormwater runoff management plan, including
results of percolation tests and soil borings performed in the recharge
area, together with letters of review and comment from the local Soil
Conservation District and County Engineer.
J.
All public utility agreements or other documentation
evidencing the availability of electric, gas, water, sewer and other
necessary public services.
K.
For applications in the Pinelands Area, the cultural resource survey described in Chapter 212, Land Development.
L.
A list of all permits required for the proposed development
from county, municipal, state and federal agencies.
M.
A topographic map, at a scale of one inch equals 200
feet, showing the proposed dimensions, location and operations on
the subject property.
N.
A United States Geological Survey quadrangle map showing
the dimensions of the property and an area of at least 1,000 feet
beyond such boundary in all directions. For applications in the Pinelands
Area, USGS Quadrangle Map or copy thereof and a copy of the municipal
tax map sheet on which the boundaries of the subject property in the
Pinelands Management Area designation and zoning designation are shown.
O.
The location, size and intended use of all existing
and proposed buildings.
P.
The location of all points of ingress and egress.
Q.
The location of all existing and proposed streets
and rights-of-way, as well as those included within the area to be
mined, showing spot elevations at fifty-foot intervals. For applications
in the Pinelands Area of the Township, railroad rights-of-way must
also be indicated.
R.
The location and message to be shown on all signs
as required by N.J.A.C. 12:185-10.4.
T.
A reclamation plan which includes:
(1)
The method of stockpiling topsoil and overburden.
(2)
The proposed grading and final elevations shall show
contours at two-foot intervals (existing and proposed).
(3)
Topsoil material application and preparation.
(4)
The type, quantity and age of vegetation to be used.
(5)
Fertilizer application, including methods and rates.
(6)
Maintenance requirements schedule.
(7)
Planting method and schedules.
U.
An estimate in cubic yards of the quantity of soil,
topsoil and materials to be removed and/or mined.
V.
A statement from the Township Tax Collector that all
taxes are paid to date.
W.
A list of owners of the organization or partnership
having 10% or more of its shares of stock, in accordance with N.J.S.A.
40:55D-48.1.
X.
For applications in the Pinelands Area, the following
additional requirements:
(1)
A brief written statement generally describing the
proposed development; and
(2)
A signed acknowledgment from both the owner and the
applicant that they are responsible for any resource extraction activities
which are contrary to any provision of this chapter or of the approved
resource extraction plan done by any agent, employee, contractor,
subcontractor or any other person authorized to be on the parcel by
either the owner or the applicant; and
(3)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34; and
Resource extraction operations shall be approved
only if the applicant can demonstrate that the proposed resource extraction
operation:
A.
Is designed so that no area of excavation, sedimentation
pond, storage area, equipment or machinery or other structure or facility
is closer than:
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.
E.
Provides ingress to and egress from the resource extraction
operation from public roads by way of gravel or porous paved roadways.
F.
Is designed so that the 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 area 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:
(1)
Maximum pond size: 20 acres.
(2)
Minimum pond size: five acres.
(3)
Maximum depth of water in pond: 35 feet.
(4)
Variances shall be required from the Little Egg Harbor
Township Planning Board to permit any excavation below an inwater
depth of 30 to 35 feet or of ponds in excess of 20 acres or fewer
than five acres in area.
H.
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time that each of the twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection J below.
I.
Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of § 290-8, Restoration standards, of this chapter, and the implementation of the restoration plan is secured by a surety bond.
J.
Will not involve clearing adjacent to ponds in excess
of 20 acres or an area necessary to complete scheduled operations;
or will not involve unclaimed clearing exceeding 100 acres for 50%
of the area to be mined, whichever is less, for surface excavation
at any time.
K.
Temporary slopes. All slopes shall be graded to a
four-to-one slope if operations cease for more than two weeks.
L.
Dust control measures shall be taken to ensure compliance
with all state, county and local regulations.
M.
Maintenance of all roads leading to excavation areas
from the streets, roads, highways and thoroughfares in the Township
is the responsibility of the applicant to whom said permit is issued;
all such roads used by the applicant shall be maintained by him in
a safe and usable condition for public use. All access roads shall
be paved and maintained to control dust.
(1)
Maintenance of traffic safety. It shall be the responsibility
of the mining permit holder to maintain a safe traffic flow on the
mining site, the access road to the mining site and at the point or
points at which the access road enters any public highway. Appropriate
signs, as approved by Township Engineer, shall be placed along the
public highway warning approaching motorists of the intersection of
the access road with the public highway and of heavy truck traffic
entering the public highway.
(2)
Access to public highways.
(a)
All mining operations shall have a direct means
of access to a dedicated public highway, street or thoroughfare. If
such access requires traveling through properties outside the mining
tract, the mining operator shall secure access easements from the
property owners through whose land access is required. A map of the
access route and copies of the executed access agreements shall be
provided both to the Zoning Officer and the Township Engineer. The
mining operator shall be required to construct and maintain a safe,
adequate, all-weather haul road of sufficient width to allow safe,
simultaneous two-way travel of trucks and mining equipment. All access
roads shall be shown on the mining plan. Plans and profiles of such
proposed haul roads shall be provided to the Township Engineer for
review and approval.
(b)
Maintenance of all access and haul roads leading
from mining areas to public roads, streets or thoroughfares shall
be the responsibility of the mining operator to whom the mining permit
has been issued and shall be maintained in a safe and usable condition
at all times.
(c)
The mining operator shall be responsible for
the immediate cleanup of any mined materials spilled on the public
roads on to which the mining operation haul road enters.
(d)
All mining operation access and haul roads shall
be properly maintained to eliminate dust or mud conditions. Only those
dust palliative measures deemed by the Engineer to be environmentally
acceptable shall be permitted; the use of road oiling or calcium chloride
as dust palliative is expressly and strictly prohibited.
(e)
Access to the mining operation shall be solely
by means of the access road(s) as shown on the approved mining plan.
All other possible means of access shall be fenced or blocked to prevent
unauthorized entry.
N.
In the Pinelands Area, will not result in a substantial
adverse impact upon those significant resources of Little Egg Harbor
Township as depicted on the Special Areas Map Figure 7.1 of the Comprehensive
Management Plan.
All parcels of land which are used for resource
extraction operations shall be restored as follows:
A.
Restoration shall be a continuous process, and each
twenty-acre section of the parcel shall be restored within two years
after resource extraction is completed for that portion. In the Pinelands
Area, each twenty-acre portion of the parcel shall be restored such
that ground cover be established within two years and tree cover established
within three years after resource extraction is completed for each
twenty-acre portion of the site mined.
B.
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in § 290-7.
C.
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.
(1)
The slope of the surface of restored upland areas
shall not exceed one foot vertical to four feet horizontal.
(2)
Any body of water created by the resource extraction
operation shall have a shoreline not less than three feet above and
three feet below the projected average water table elevation. The
shoreline both above and below the surface water elevation shall have
a slope of not less than five feet horizontal to one foot vertical.
This requirement shall apply to any water body or portion of a water
body created after December 5, 1994. For any water body or portion
of a water body created prior to December 5, 1994, this requirement
shall apply to the extent that it does not require grading of areas
which have not been disturbed by mining activities. Where grading
would require such disturbance, a reduction in the distance of the
graded shoreline above and below the average water table elevation
shall be permitted.
(3)
Slopes beyond a water body's shoreline shall be permitted
at the natural angle of repose to the bottom of the pond.
D.
Topsoil shall be restored in approximately the same
quality and quantity as existed at the time the resource extraction
operation was initiated. All topsoil removed shall be stockpiled and
used for the next area to be restored, unless it is immediately reused
for reclamation that is currently underway.
E.
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.
F.
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)
Stabilization of exposed areas by establishing ground
cover vegetation; and
(2)
Reestablishment of the composition of the natural
forest and shrub types that existed prior to the extraction activity
through one of the following:
(a)
The planting of a minimum of 1,000 one-year-old
pitch pine seedings or other native Pinelands tree species per acre
in a random pattern;
(b)
Cluster planting of characteristic Pinelands
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;
(d)
The use of other planting techniques or native
Pinelands species as may be necessary to restore the vegetation association
which existed prior to the extraction activity.
G.
In the Pinelands Area, all restored areas shall be
graded so as to conform to the natural contours of the parcel to the
maximum extent possible. Grading techniques that help to control erosion
and foster revegetation shall be utilized.
A.
Application fee.
(1)
At the time of application to the Planning Board,
a nonrefundable fee for application and review shall be paid to the
Township in accordance with the following:
|
Area
(cubic yards)
|
Fee
| |
|---|---|---|
|
0 to 10,000 or part thereof
|
$1,500
| |
|
10,001 to 50,000
|
$2,000
| |
|
50,001 to 300,000
|
$3,000
| |
|
300,001 to 1,000,000
|
$4,000
| |
|
1,000,001 or more
|
$5,000
|
(2)
The fee schedule contained herein represents estimated
costs to the Township related to the land development review process.
Nothing contained herein shall prohibit the applicable board from
requiring the applicant to reimburse the Township for all professional
review costs of the application as determined by the Township Treasurer.
The fees are nonreturnable if the application for the permit is denied
by the Planning Board or withdrawn.
(3)
The fee determined for permit renewal shall be based
upon as-built quantities from the prior permit. If the previous fee
was excessive for the actual amount of soil removed, then a credit
shall be applied, and if the actual amount of soil removed is greater,
then the increased permit cost shall be made a part of the fee for
permit renewal.
B.
Bonds.
(1)
No mining permit will be issued until the applicant
has posted with the Township a performance bond naming the Pinelands
Commission and the Township as the obligee if the application is for
soil removal in the Pinelands Area in a form and with a surety that
is acceptable to the Township and in an amount that the Planning Board
Engineer deems to be reasonable, using the following as a standard.
(2)
The performance bond will be conditioned upon the
full and faithful performance by the applicant, within the time specified
in the application, of all the proposed work in accordance with the
provisions of this chapter and of the soil removal permit issued pursuant
thereto.
(3)
In the Pinelands Area, the letter of credit, surety bond, or other guarantee of performance which secures restoration for each section shall be released after the requirements of § 290-8A through G above are determined by the Township as being met and is replaced with a maintenance guarantee for a period of two years thereafter.
C.
The applicant shall fund an escrow account to reimburse
the Township for the costs of annual inspections required by this
chapter. The escrow amount shall be determined by the Township Engineer
in an amount necessary to cover the annual review fee.
D.
Liability insurance. The applicant shall provide,
not later than 10 days after approval, a certificate of public liability
insurance issued to him wherein the Township is named as coinsured
for damages arising out of any activity of the applicant, under a
permit issued in accordance with the provisions of this chapter. The
minimum amount of liability insurance that will be considered to be
acceptable will be $5,000,000.
The Township Engineer or his authorized representative
shall enforce the provisions of this chapter. He shall, from time
to time, upon his own initiative, and whenever directed by the Township
Committee, inspect the premises for which permits have been granted
to ensure compliance with the terms of the permit of this chapter.
He shall report all violations to the Township Committee and take
any action deemed necessary in the circumstances.
The Township Engineer shall be paid for his
services at fees on an hourly basis.
For the purpose of administering and enforcing
the provisions of this chapter, any authorized officer, agent or employee
of the Township shall have the right to enter any land where mining
operations are being conducted, in order to examine and inspect the
land and the operation. Sites shall be inspected and a report will
be filed with the Township Committee twice a year.
The Township Engineer may, upon written notice,
revoke the soil removal permit for violation of this chapter. The
minimum revocation shall be for a period of 10 calendar days. The
Township Committee shall review and confirm and/or modify actions
of the Township Engineer relating to revocation at the next Committee
meeting following the action of the Township Engineer.
A.
Any person violating or failing to comply with any
of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not more than $1,250 or by imprisonment
for a term not to exceed 90 days, or by both such fine and imprisonment,
in the discretion of the Judge. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
