No sand, gravel, earth, or soil may be excavated, dug, or mined for
commercial purposes in the Township without first obtaining a permit therefor
from the Township Committee in the manner hereinafter set forth. "Commercial
purposes" refers to the sale or commercial use of the sand or other product
which is excavated as distinguished from personal use of the product by the
owner of the ground at the place where the same is excavated.
The site plan shall be prepared by a licensed engineer and shall include:
A. A topographic map at a scale of a minimum of one inch
equals 200 feet based on a current survey and shall show:
(2) Elevation contours at two-foot intervals with elevations
based on the United States Coast Geodetic Survey data;
(3) A plot of the access roads to the site, including all
intersections with the nearest public highways;
(4) Tree lines and all wooded areas;
(5) All other natural features, including but not limited
to streams, marshes, drainage ditches and the like;
(6) Names and addresses of all site property owners and all
owners of properties abutting the site. Where the site property is owned by
a corporation, the names and addresses of all stockholders holding 10% or
more of the outstanding shares must be supplied;
(7) All buildings on the existing plot as well as all buildings
within 200 feet of the plot;
(8) A determination of the amount of topsoil required to
cover the reclaimed area to a depth of four inches.
B. A log of soil samples to the depth of at least two feet
below the seasonal low water level shall be submitted with the application.
The samples shall be taken under the direct supervision of the licensed engineer
preparing the site plan. At least one sample per acre shall be taken, and
samples obtained with a backhoe shall be deemed acceptable. All test holes
shall be filled immediately after the test is made.
C. A soil erosion and sediment control plan, showing sediment
and erosion control measures to be used during and after material removal.
In construing and enforcing this chapter, the issuing authority shall use
the study Standards for Soil Erosion and Sediment Control in New Jersey, published
by the New Jersey State Soil Conservation Committee as a guide.
D. A performance guaranty shall be posted with the Township prior to approval of the site plan. The performance guaranty shall be in the amount of $500 for each acre upon which the permit holder has been granted the privilege to excavate, dig or mine. The performance guaranty may be in the form of a performance bond, a certified check, an escrow agreement, acceptable securities, or other similar collateral or surety agreements. The performance guaranty shall be approved by the Township Attorney as to form, adequacy and execution. The performance guaranty shall be released only after the land has been restored pursuant to §
297-9 of this chapter. No performance guaranty shall be released absent written certification by the permit holder that he has completed all excavation, digging and/or mining at the operation site. Submission of such certification to the Township by the permit holder shall constitute an abandonment of the permit by the permit holder, and no further excavating, digging or mining shall be permitted on the operation site absent resubmission of the site plan application stipulated herein.
E. A restoration plan in accordance with §
297-8 of this chapter.
[Amended by Ord. No. 92-3]
A. The members of Township Council or their agents shall be free
to inspect the site at any reasonable time.
B. The officers responsible for enforcement of this chapter shall
be the Township Engineer, Construction Official, Code Enforcement Officer,
or any other Township official that Council may designate by resolution.
[Amended by Ord. No. 83-14; Ord. No. 92-3]
A. Except as provided in Subsection
B below, all sites legally in operation as of December 1, 1977, shall be exempted from the provisions of this chapter and shall be subject instead only to the provisions of the predecessor to this chapter. "Sites in operation" shall be defined as those areas actually under excavation or previously under excavation and not reclaimed as of December 1, 1977. Any site within licensed areas not under excavation as of December 1, 1977, shall be subject to the provisions of this chapter. The circumference of sites actually under excavation as of December 1, 1977, may likewise not be expanded. Any such expansion shall also be subject to the provisions of this chapter.
B. All permits, including those covering sites in operation prior to December 1, 1977, shall be subject to an annual renewal fee of $150. Said fee shall be due and owing on the 15th of July of each calendar year. If said renewal fee is not paid by August 15, a late fee of $15 shall also be charged in addition to the renewal fee. No such renewal shall be issued unless the real estate taxes on the property are current pursuant to Chapter
413, Article
I, Payment of Taxes Required Prior to Issuance.
The violation of any of the provisions of this chapter shall, upon conviction, be punishable as set forth in Chapter
1, Article
III, General Penalty.