[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.]
GENERAL REFERENCES
Floodplain areas — See Ch. 110.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
