If a permit is issued for the removal of earth and soil as provided
herein, the owner or person in charge shall so conduct the operations
that there shall be no sharp declivities, pits or depressions, and
in such manner that the area shall be properly leveled off, cleared
of debris, and graded to conform with the contour lines and grades
as required and shown on the approved plan.
No soil shall be removed nor shall any operation be conducted
so as to violate any of the regulations contained in this article
after a permit is granted.
Sufficient arable soil to provide for a coverage of four inches
of arable soil on the surface shall not be removed from the licensed
owner's premises and shall be stored on the premises. Promptly
upon completion of operations, or as otherwise directed by the Mayor
and Township Council, the arable soil so retained shall be respread
on the surface as uniformly as possible at a thickness of at least
four inches and be seeded with winter rye or other suitable planting.
If the arable soil stored on the premises is insufficient to provide
a uniform coverage of four inches of arable soil, sufficient arable
soil must be obtained to provide for the four-inch coverage when the
operation is completed in each such area. Provisions must be made
for adequate drainage after the topsoil is replaced. No topsoil shall
be removed from the Township.
Soil removed shall not be deposited or in any way thrown or
placed upon adjoining property or public roads. Any soil or material
resulting from any such operation accumulating on any adjoining property
or public road shall be removed therefrom immediately upon notice
to the permittee of such accumulation.
All operations shall be conducted in strict accordance with
any state law, other ordinances of the Township, and the terms and
conditions of any permit granted for such operations.
The operation shall be so conducted as not to constitute a nuisance,
and in no event shall said operation create any hazardous or unsafe
condition with regard to any person or persons.
Upon completion of any operation or of excavation from an area
delineated on the approved plan, said area shall be properly leveled
off, cleared of debris, and graded to conform to the contours and
grades as approved by the Mayor and Township Council. A final map
shall be submitted containing and complying with all requirements
as set forth in this chapter.
[Amended 11-17-1975 by Ord. No. 75-24]
While working an area, the working face of the excavation shall
not exceed 60° from the horizontal nor shall the 60° angle
have a vertical height exceeding 30 feet. Any face not currently being
worked on shall not exceed 30° from the horizontal. Where an excavated
area adjoins a public road or a road which has been dedicated to the
public, no excavation shall be made below the level of the road, except
where the area to be excavated lies between two or more roads, in
which case the final grade may slope from the higher road elevation
to the lower road elevations; subject, however, to the grade provisions
below. Where an excavated area adjoins abutting property or a public
road, the finished slope shall not exceed 5° for a distance of
50 feet back from the property line or public road. In any event,
no finished grade shall exceed 10%. Care shall be taken so that there
shall be no diversion of surface water either during the operation
or after the project is complete. The prohibition against excavation
below the level of a road as referred to above shall not apply to
a sand and gravel operation which preexisted the adoption of this
chapter, and which conducted below road level excavations at the time
of the adoption of this chapter; provided, however, that the operation
shall comply with this chapter in all other respects.
No soil shall be removed which is within eight feet from the
water table.
No trash, junk or debris may be stored in any licensed area,
and no safety hazards will be permitted, either during or after the
completion of operations.
[Amended 11-17-1975 by Ord. No. 75-24; 4-19-1976 by Ord. No. 76-11]
A. Each permittee shall annually furnish a progress report to the Township
Engineer, the first of which shall be submitted nine months after
issuance of the permit. Such progress report shall be prepared and
certified by a licensed professional engineer or by the licensee.
B. Subsequent progress reports should be submitted to the Township Engineer
on November 1 of each year.
C. Failure to comply with progress report filing date will result in
a penalty of $50 per day of late filing, which fine must be paid prior
to the issuance of the renewal license.
D. The annual progress report submitted should contain an estimate as
to the number of cubic yards removed during the previous year. Present
and future estimated soil removal areas should be indicated for the
upcoming year. Also, any major change from the originally approved
site plan concerning grades, contours, or drainage should be indicated
on the soil removal map.
E. Following the receipt of the annual progress report, the Township
Engineer or his representative shall make a spot check of the site
to ascertain that the provisions of this chapter have been complied
with. If, in the judgment of the Township Engineer, a more thorough
field analysis is required, he shall request authorization from the
Mayor and Township Council to proceed with same. In his request for
said authorization, the Township Engineer shall cite the reasons why
such a detailed study is necessary and the anticipated cost thereof.
F. The applicant will be required to comply with the requirements of the Engineer and shall be responsible for the cost incurred by the Township of Vernon as a result of such field study required under Subsection
E.
G. No license shall be renewed until all the requirements of this chapter
have been complied with and all fees have been paid.
[Amended 11-17-1975 by Ord. No. 75-24]
Hours of operation shall be limited to the following: 7:00 a.m.
to 5:00 p.m., Mondays through Saturdays. There shall be no operation
of any kind or character outside of the hours specified above as well
as on Sundays or legal holidays, except in emergencies or for good
cause, when authorized by the Mayor and Township Council.
[Amended 11-17-1975 by Ord. No. 75-24]
In order to minimize the possibility of mud slides, drainage
of silt, or dust problems, the area of operation and storage shall
not exceed a total of five acres at any one time without a replacement
of topsoil and reseeding of the premises unless otherwise permitted
by the Mayor and Township Council for good cause shown. Whenever the
permittee completes one five-acre section, he shall so notify the
Mayor and Township Council before the operation is moved to another
section.
[Amended 11-17-1975 by Ord. No. 75-24]
The material stored shall not exceed a height of 30 feet, and
the maximum storage slope shall be 45°.
The applicant shall install on the licensed premises a concrete
bench mark, the location of which shall be indicated on the maps submitted
for approval.
A. The access road to the licensed premises shall be shown on the maps
submitted.
B. The first 75 feet of the access road shall be paved with bituminous
concrete a minimum thickness of two inches applied to a base approved
by the Township Engineer.
[Added 11-7-1977 by Ord.
No. 77-20]
Separation plants and crushers and the like shall not be located
within 500 feet of any street nor within 1,000 feet of any adjoining
residence. All such installations shall be screened so as not to be
visible to the public. All performance criteria enumerated in the
Commercial Recreation and Commercial Industrial Zone Districts, whichever
is stricter, shall be applicable.