[HISTORY: Adopted by the Township Committee of the Township of Pemberton 3-5-1975 as Section 12:4 of Ch. XII of the General Ordinances. Amendments noted where applicable.]
Floodplain areas — See Ch. 110.
As used in this chapter, the following terms shall have the meanings indicated:
- DREDGE AND/OR STRIP MINING
- Means placer mining operations to recover minerals with the use of a dredge boat or sluice-washing plant, whether fed by bucketline as a part of said dredge or by separate dragline or other supply capable of moving at least 500 cubic yards of earth material per day. "Strip mining" as referred to herein includes digging and excavating gravel, fill dirt or sand for construction purposes.
Where any person, firm or corporation conducts a dredge and/or strip mining operation on lands and beds of streams in the Township of Pemberton, it is hereby required that the ground disturbed thereby shall be leveled and generally graded by such operator in a manner reasonably comparable with the natural contour of the ground prior to such disturbance and that any watercourse disturbed by such dredging shall be left in a condition conducive to the public safety, health and general welfare, all subject to the approval of the Pemberton Township Planning Board after public hearing and as required by the Township Committee.
Where any person, firm or corporation conducts a dredge and/or strip mining operation where the water used in such mining process flows into a stream in Pemberton Township, it is hereby required that such operator shall construct settling ponds of sufficient capacity and character to reasonably clarify the water used in the mining process before such water is discharged into the stream.
Any person, firm or corporation proposing to dredge minerals from the soil shall make application to the Township Committee of the Township of Pemberton for a permit for such purpose. Said application shall have attached thereto a map of the premises showing the contour lines in relation to the topography of the premises. Upon approval of the Township Committee, a permit shall be issued by the Township Clerk upon payment of the fee therefor. In granting such permit, the Township Committee shall be guided by and shall take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
The owner or person in charge of said dredge and/or strip mining operations shall conduct such dredge and/or strip mining operations in a manner which shall not create conditions inimical to the public health, welfare and safety and will not result in the creation of any sharp declivities, pits or depressions nor create any drainage problems on land of third parties or other conditions of danger, bearing in mind the nature and scope of the operations, and, insofar as practicable, shall conduct the operation in such a manner that the area will conform to the original contours as nearly as possible. The Township Committee will maintain a continuous inspection of the progress of the mining operations to ensure that the owner or person in charge complies with the provisions of this section.
Before any permit or permission for dredge and/or strip mining shall be granted or issued, the owner or applicant shall file with the Township Committee a bond, in form and with surety acceptable to the Township of Pemberton, in such amount as in the opinion of the Township Committee of the Township of Pemberton shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the permission granted by the Township Committee under the provisions of this chapter.
No owner of land in this municipality shall permit the business of dredge and/or strip mining on his or its lands without a written permit therefor as prescribed in this chapter.
Any person, firm or corporation desiring to obtain a permit to engage in the business of dredge and/or strip mining shall make application therefor to the Township Clerk and shall pay to the said Clerk, with said application, a minimum fee of $1,500 each year thereafter during the continuance of the permit. Where the engineering fees of the township for inspections and supervision exceed the fee of $1,500, the owner or operator will pay any additional amount necessary to cover said fees. Upon the receipt of the original permit fee and of the said application, such Clerk shall thereupon issue to such person, firm or corporation a permit, which shall be renewed annually for the same fee permitting the operator to continue to engage in the business of dredge and/or strip mining thereafter. The fees collected under this section shall not be used for revenue purposes. No permits will be issued by the Township Clerk under the terms of this chapter unless the application for a permit or the application for a renewal thereof has been first approved by the Township Committee.
No excavation shall be made and no minerals shall be removed by the process of dredge and/or strip mining under the provisions of this chapter unless a permit therefor shall have been first obtained or renewed as provided herein, and no excavation shall be made and no minerals shall be removed except in conformity with the provisions of this chapter.
No person shall excavate any minerals by the process of dredge and/or strip mining below the surface of any street, road, highway or other thoroughfare or closer than 50 feet to same. No person shall excavate any minerals by the process of dredge and/or strip mining within 700 feet of a residential area or zone of the township. No person shall excavate any minerals by the process of dredge and/or strip mining adjoining a lot line at any point adjoining said lot line nearer than 50 feet. Any excavation made along any street, highway, road, thoroughfare or adjoining lot line shall be sloped off from said point of excavation nearest said street, highway, road, thoroughfare or adjoining lot line on a ratio of not less than three feet horizontally to each one foot of depth.
No permit shall be issued or outstanding to engage in the business of dredge and/or strip mining on lands and premises on which the Township of Pemberton may have an unpaid bill for taxes, assessments or other municipal charges.
Each application shall state the name and address of the owner or owners of the land on which the minerals are proposed to be dredged. Where the applicant for the permit is not the owner or owners, said application must be accompanied by the written consent of the owner or owners to the issuance of said permit.