[HISTORY: Adopted by the Township Council
of the Township of Manchester by Ord. No. 92-162 (Ch. XXII of the 1996 Revised General
Ordinances). Amendments noted where applicable.]
This chapter may be referred to as the "Resource
Extraction Chapter."
No person shall engage in the extraction of
sand, gravel, or other soils or minerals for commercial purposes on
any parcel of land in the Township without first having obtained permission
from the Township Council. Such activities shall include excavation
or other removal of sand, gravel or other soil or minerals, sale or
stockpiling of soils, and transport of materials from the premises
from which the material has been taken. The requirements of this chapter
shall not, however, apply to excavation in connection with development
approved by the Township Planning Board or Zoning Board for which
a soil permit has been issued, provided that not more than 10,000
cubic yards of material is removed from the premises or in connection
with agricultural activities. The issuance of a resource extraction
permit by the Township shall not in any way alter the necessity to
comply with the requirements of other local ordinances; county, state,
federal or other laws; or to obtain permits, licenses or approvals
required thereunder.
Application shall be made by submitting a written
request for approval to the Township Clerk. Such request shall be
accompanied by seven sets of the following items and information which
shall constitute a complete application:
A.
A statement containing the following details with
respect to the application:
(1)
The applicant's name and address and the name and
address of any individual or entity which owns 10% or more of the
stock or partnership interest in the applicant. Where any such entity,
so disclosed, is a corporation or partnership, the application shall
list the name and address of any person which owns 10% or more of
the stock or partnership interest in such corporation or partnership
until the name and addresses of the noncorporate stockholders and
individual partners exceeding the ten-percent ownership criteria have
been listed;
(2)
The property owner's name and address, if different
from the applicant, and the name and address of any individual or
entity which owns 10% or more of the stock or partnership interest
in the applicant. Where any such entity, so disclosed, is a corporation
or partnership, the application shall list the name and address of
any person which owns 10% or more of the stock or partnership interest
in such corporation or partnership, together with the owner's written
consent to the filing of the application until the names and addresses
of the noncorporate stockholders and individual partners exceeding
the 10% ownership criteria have been listed;
(3)
The description of the subject property including
tax block and lot numbers and street address, if any;
(4)
A brief written description of the present and proposed
usages of the subject property.
B.
Proof that no taxes or assessments for local improvements
are due or delinquent on the property in question;
C.
Evidence of payment in full of the permit application
fee;
D.
Evidence of payment of a deposit against estimated
professional review fees to be placed in escrow;
E.
A USGS quadrangle map, with the boundaries and dimensions
of the property clearly marked, showing an area extending in all directions
at least 1,000 feet beyond the property boundaries;
F.
A resource extraction proposal which sets out the
limitations within which the permit holder will conduct extraction
operations and containing the following elements, the required contents
of which are set forth elsewhere in this chapter:
(1)
An ultimate land form plan showing, for the entire
tract, the general conditions that will exist at the conclusion of
all resource extraction operations;
(2)
An operational limit statement describing the limitations
which will be imposed on various operations to mitigate or ameliorate
any undesirable effects;
(3)
A Tract Map delineating areas for the purpose of planning
and implementing various resource extraction and site rehabilitation
activities;
(4)
An extraction schedule which hits the component plans
for each area delineated on the Tract Map for which approval is sought
during the permit period.
G.
Component plans, as follows, for active areas delineated
on the Tract Map and listed on the extraction schedule, the required
contents of which are set forth elsewhere in this chapter:
(1)
Area clearing plans indicating proposed removal of
vegetation or topsoil for all areas to be cleared during the permit
period;
(2)
Area excavation and processing plans indicating the
proposed physical conditions for each area intended for extraction,
processing, storage or ponding activity and other areas with existing
or proposed buildings during the permit period;
(3)
Rehabilitation plans showing current conditions and
proposed reuse or revegetation of areas intended for extraction and
remedial activity for all areas previously cleared.
Within 10 days of receipt, the Clerk shall either
forward copies of the application to the Township entities listed
below with a certification that all required items have been submitted
or return the application to the applicant with a statement as to
the items which have not been submitted. The Clerk shall forward two
copies of the application to the Township Engineer and one copy to
the Township Planning Board. One copy shall be retained as the Township's
record and one copy shall be retained for return to the applicant
upon approval.
Within 45 days of receipt of a complete application
by the Clerk, the Township Planning Board and the Township Engineer
shall report their separate findings and recommendations to the Township
Council for their review and action.
Where an application includes a request for
omission of one or more of the required contents of a resource extraction
proposal or component plan and the Engineer determines that the information
is not necessary to render a decision, the requirement may be waived.
Where the required information or any additional information is deemed
necessary to render a decision, the applicant shall be notified of
such deficiency and provided the opportunity to furnish the necessary
information.
The Township Council shall take action on the
resource extraction proposal and any component plans after examining
the documents constituting the application and any supplements or
amendments thereto and after reviewing the reports of the Township
Planning Board and of the Township Engineer and such other parties
as the Council may deem appropriate. The Township Council shall take
no action on an application until the use has been determined to be
in compliance with Township zoning.
Approval may be granted where the proposed activities
and limitations contained in the resource extraction proposal and
component plans are sufficient to achieve the objectives required
by this chapter. The following documents shall be deemed to be in
conformance with this section and shall be accepted without modifications
or alterations.
A.
Soil erosion control plans approved by the Ocean County
Soil Conservation District shall be accepted as satisfying the dust/mud
control and erosion control requirements of this chapter.
B.
Landfill plans approved by the New Jersey Department
of Environmental Protection shall be accepted in lieu of area clearing
plans, area excavation and processing plans and rehabilitation plans
for portions of the tract to be used for landfill.
C.
Site plans and major subdivision plats approved by
the Manchester Township Planning Board or Zoning Board shall be accepted
in lieu of rehabilitation plans for those portions of the tract to
be developed for nonextraction uses.
Where the proposed activities and limitations
are not sufficient to achieve the objectives of this chapter, approval
may be denied. Approval may be withheld for the entire application
or for individual component plans. Components for which approval has
been denied may be resubmitted for further consideration.
The Township Council may attach conditions to
the approval of the resource extraction proposal or any component
plans where reasonable and necessary to ensure satisfactory compliance
with the requirements of this chapter.
Exceptions or additional requirements which
are warranted by special circumstances shall apply as follows.
A.
New site applications which propose excavation on
new sites may defer submission of the component plans for individual
operational areas until such time as a resource extraction proposal
for the entire tract is approved.
B.
Standby applications which propose no active excavation
operations may omit the component plans, except that a rehabilitation
plan shall be submitted for those areas which have not been rehabilitated
in accordance with this chapter.
C.
Renewal applications. Applications for renewal which
seek approval of a previously approved component plan or element of
a resource extraction proposal may omit the component or element and
substitute a statement referencing the document by type of element
or component and by the area number referenced. Applications for renewal
of permits should be submitted not later than November 1 of the year
in which the permit expires. The decision of the Township Council
may take into consideration the applicant's record of compliance with
prior permit requirements.
After a resource extraction proposal or component
plan has been approved by the Township Council, a copy of the approved
elements of the resource extraction proposal or component plans shall
be annotated to certify approval and returned to the applicant and
a permit shall be issued by the Township Clerk upon submission of
the following items:
A.
A report of the Township Engineer indicating satisfaction
of all conditions of approval or indicating that a conditional permit
may be issued excluding specific elements of the resource extraction
proposal for which approval has been withheld;
B.
A report of the Township Engineer that a performance
guarantee in a form approved by the Township Attorney has been posted
in favor of the Township in an amount equal to 120% of the cost, as
estimated by the Township Engineer, of completion of all work necessary
under the rehabilitation plans;
C.
Evidence that all professional review fees have been
paid;
D.
Evidence of payment of periodic inspection fees.
Throughout the period of the permit, a permit
holder shall satisfy the obligations of the approved resource extraction
proposal and component plans and shall be subject to the following
requirements.
A.
No clearing activities may take place anywhere on
the tract except in accordance with an approved area clearing plan
for that location.
B.
No excavation activities may take place anywhere on
the tract except in accordance with an approved area excavation and
processing plan for that location.
C.
All permit holders shall maintain, on premises and
available for examination by the Township Engineer, the following:
(1)
A log recording the volumes excavated, shipped and
received each month and comparing them with the limits established
for each type of material by the approved operational limit statement
and certifying that such volumes are in compliance;
(2)
Proof on a quarterly basis that no taxes or assessments
for local improvements are due or delinquent on the property in question;
(3)
Evidence that all periodic inspection fees have been
paid.
D.
All permit holders or applicants for permits shall
permit entry of the subject premises by the Township Engineer for
the purpose of making required inspections.
(1)
The Township Engineer shall visit the premises upon
receipt of a permit application to verify existing conditions.
(2)
The Township Engineer shall visit the premises during
the fifth, 10th, 15th and 20th months of the permit period to inspect
the facilities and operations within active operational areas, to
determine whether operations are proceeding in accordance with the
approved resource extraction proposal and component plans and to examine
the reports which the permit holder is required to maintain for the
purpose of verifying compliance with the limits on materials excavated,
shipped and received.
(3)
The Township Engineer may visit the premises for the
purpose of investigating conditions which may constitute violations
of an approved resource extraction proposal and component plans or
this chapter.
E.
All permit holders shall provide the Township with
copies of documents relating to actions or pending actions of state
or federal agencies on licenses, permits or other authorizations.
F.
No land subdivision or other development subject to
approval by the Planning Board or Board of Adjustment shall take place
without a developer's agreement to undertake rehabilitation of previously
cleared or excavated areas in need of rehabilitation. The acreage
required to be rehabilitated shall be equal to the acreage of clearing
required for proposed site development or 85% of the area of proposed
new lots without specific development plans.
Any performance guarantee posted by an applicant
shall be released upon request in accordance with procedures established
pursuant to N.J.S.A. 40:55D-1 et seq. for land development, provided
that:
Any permit so issued shall be for a period of
two years ending on December 31 of the second year.
Documents submitted as part of a proposed resource
extraction proposal or component plan shall contain the following
information or, in lieu of a specific item, a request for its omission
stating the reason why the item is not essential for the review and
approval of the resource extraction proposal or component plan. Where
the information to be provided is found by the Township Engineer to
be insufficient, inadequate, unclear or inaccurate, the Township Engineer
may request supplementary material or resubmission of revised documents.
A.
All drawings. Drawings shall be 24 inches by 36 inches
or larger and show the following items:
(1)
The name, address, telephone number and title of the
civil engineer, planner, surveyor, or landscape architect preparing
the drawings,
(2)
North point, graphic scale, and date,
(3)
A key depicting the representation of the following
required elements:
(a)
Topographic contours (indicating elevations
at two-foot intervals but increased to one-foot intervals where slopes
are less than 4% or decreased to ten-foot intervals where slopes are
greater than 10%);
(b)
Streets or roads (whether on or abutting the
property, with their name, location, pavement type, width and grade,
and right-of-way width);
(c)
Easements or utility rights-of-way (whether
on or abutting the property, with their purpose; location and width),
(d)
Structures;
(f)
Benchmarks.
B.
Ultimate land form plan. An ultimate land form plan
shall provide a map with a key depicting the representation of the
following required elements:
(1)
Proposed arterial or collector roads and their connection
to present public roads;
(2)
Permanent lakes, ponds, or streams proposed within
the reclaimed area and their connections to streams or drainageways
beyond;
(3)
Proposed works of man within the reclaimed area (dams,
buildings, etc.);
(4)
A narrative description of the nature and degree of
flexibility considered to be needed in execution of the plan.
C.
Operational limit statement. An operational limit
statement shall include:
(1)
A statement as to the date after which operations
are expected to cease;
(2)
A schedule of the proposed limits on hours of operation
by day of the week for each type of operation;
(3)
A schedule of the monthly limits on the volumes of
material to be stripped, excavated, stockpiled and shipped with volumes
transported to or from the site specified by truck, and by other means,
and with materials specified by topsoil, fill, and all other materials;
(4)
An inventory of equipment and structures proposed
to be used in the operations, with the proposed method of their disposal
upon completion of the excavation;
(5)
An appendix containing the documents intended to inform
the operators agents and employees as to the restrictions on activities
intended to mitigate undesirable effects which will be employed in
addition to the physical controls proposed to be established by the
component plans, including but not limited to:
(a)
Methods for the removal and disposition of vegetation,
overburden or topsoils;
(b)
Operating practices proposed to be used to minimize
noise or vibration;
(c)
Proposed methods to prevent pollution of surface
or underground water;
(d)
Proposed methods to prevent air pollution;
(e)
A testing schedule for all required environmental
monitoring;
(f)
Proposed surface treatment of on-site roads
and means to limit dust or mud on off-tract streets, including contingency
measures;
(g)
Off-tract routes to be used to travel between
the property and the nearest arterial road.
D.
Tract Map. A Tract Map shall depict the entire property
at a scale of not more than 400 feet per inch, and show:
(1)
A schedule of the operational areas delineated for
each type of operation, including clearing, excavation, processing,
storage, ponding or site rehabilitation proposed during the permit
period, along with areas proposed to remain inactive (each area is
to be serially numbered and keyed to individual component plans);
(2)
A table summarizing the sequence and ultimate limits
of large areas of future expansion into undisturbed or inactive areas;
E.
Extraction schedule. An extraction schedule shall
contain a table showing the various operational areas depicted on
the Tract Map showing:
F.
G.
Area excavation and processing plans. Area excavation
and processing plans shall include:
(1)
Identification of the operational area as depicted
and labeled on the Tract Map;
(2)
A key depicting the representation of the following
required elements:
(a)
Delineation of the area to be excavated or utilized
for processing activities;
(b)
Proposed limits on the extent and maximum depth
of excavation;
(c)
Locations of at least one boring for each 10
acres of area to be excavated accompanied by a report which shows
soil conditions and indicates the groundwater elevation when encountered
to a depth five feet below the proposed excavation or to such other
depth as may be warranted by site conditions;
(d)
Delineation of approved wetlands jurisdictional
limits and transitional areas;
(e)
Property lines within 200 feet based on a current
certified boundary survey;
(f)
Principal service or processing buildings or
enclosures;
(g)
Settling basins, process water ponds and overburden
storage areas;
(h)
Screening berms, fencing, gates, parking and
signs (with construction details showing dimensions and materials).
H.
Rehabilitation plans. Tract rehabilitation plans shall
include:
(1)
Identification of the operational area as depicted
and labeled on the Tract Map;
(2)
An assessment of post-extraction conditions with reference
to the objectives of any restoration, reuse, development or redevelopment
efforts completed or underway;
(3)
A statement of planned rehabilitation, including methods
of accomplishment, phasing, and timing, with reference to:
I.
A detailed estimate of costs based on documented prevailing
costs for similar work.
All operational areas should be situated to
minimize impacts on the value and desirability of adjoining properties
and shall be situated such that:
A.
They are to be conducted on a tract which encompasses
at least 20 contiguous acres;
B.
All new operations are at least 200 feet from any
property line;
C.
All new operations are at least 500 feet from any
residential or non-resource-extraction-related commercial use which
is in existence on the date the permit is issued;
D.
Operational areas designated for clearing or excavation
are limited to stages in which the area of any individual stage shall
be not more than 20 acres;
E.
All operational areas designated for clearing or excavation
be limited to not more than 100 acres at any time;
F.
All topsoil that is necessary for rehabilitation will
be retained on the site.
Operations shall be governed by an operations
statement which provides for employment of operational practices designed
to prevent undesirable effects and includes:
A.
Reasonable limits on monthly shipment volumes of various
types of material to prevent traffic congestion or unduly accelerated
road wear;
B.
Reasonable hourly limits set for each day of the week
for various operations for those operations or those delineated areas
which could adversely impact nonindustrial land uses;
C.
Monitoring procedures to detect the emergence of undesirable
conditions.
The physical conditions planned to exist after
extraction has been concluded shall provide for reasonable reuse of
the subject property and provide for:
A.
Securing site plan approvals from the Planning Board
or Zoning Board for any structures or facilities remaining six months
beyond cessation of extraction operations in accordance with zoning
requirements for a change in land use from extraction to open storage
or other use;
B.
Areas of upland to be of such size and configuration
as to be suitable for redevelopment;
C.
Soil conditions in upland areas to be suitable for
redevelopment;
D.
Topsoil to be restored in approximately the same quality
and quantity as existed at the time the resource extraction operation
was initiated;
E.
Drainage systems to be restored to the maximum extent
practical to conform to those existing at the time the resource extraction
operation was initiated;
F.
Stormwater management facilities with sufficient capacity
to accommodate the increase in stormwater runoff generated due to
the change in surface coverage from natural pre-disturbance conditions
to post-disturbance conditions (rehabilitated immature growth unless
otherwise developed) designed in accordance with the design standards
for subdivisions and site plans.
The siting of equipment, routing of vehicles and the employment of other mitigating devices and control practices shall be designed to ensure that off-site noise and vibration levels emanating from on-site activities conform with the standards of the Township's Chapter 275, Noise, Article I, Noise Control.
Traffic routing and control practices shall
be designed to minimize undesirable effects and provide for:
A.
Safe and convenient access and egress to the public
street system;
B.
On-site and off-site traffic is routed so that no
alternative route would have a lesser impact on sensitive residential
areas;
C.
Minimal impact on road/bridge durability and that
contributions are made for the permit holders' pro rata share of any
costs due to accelerated frequency of road or bridge replacement compared
to developed industrial areas.
Reasonable safety practices shall be employed
to restrict and control access to active areas, including:
Appropriate measures shall be employed to prevent
visually blighting conditions.
A.
Appropriate preservation practices shall be employed
along scenic road or stream corridors and near historic/cultural landmarks
where such corridors or landmarks are identified by state, county
or municipal master plans.
B.
Clearing, excavating and processing operations shall
be screened in such a manner that they are not readily visible from
residential and other nonindustrial uses. Screening measures shall
conform with the following minimum requirements:
(1)
All screening shall be designed, installed and maintained
as necessary in order to minimize visibility from the areas intended
to be protected.
(2)
Screening may be installed along the perimeter of
the visible portion of an operational area, along the interior of
an undisturbed buffer area or along a perimeter property line.
(3)
Required screening shall be installed prior to commencement
of operations.
(4)
All screening shall consist of solid masonry walls,
solid wood fences, landscaped earthen berms or dense evergreen plantings
or any combination thereof. If, 24 months after commencement of operations
in the area to be screened, the Township Engineer determines that
the plant materials installed have not formed an opaque screen, a
fence or other form of solid screen shall be established.
(5)
The required screen shall have a total height of not
less than six feet. Where there is a difference in elevation on the
opposite side of the screen, the height shall be measured from the
highest elevation.
Appropriate practices shall be employed to prevent
off-site accumulations of mud or dust, including street cleaning provisions
when necessary.
Appropriate erosion control practices shall
be employed concentrating on removal of overburden, including:
Practices shall be employed to ensure that excavations
penetrating below the seasonal water level do not lower the water
table on adjoining properties and that aquifer recharge is not diminished
due to clay settling, including:
A.
Diversion of surface runoff to provide for on-site
recharge to groundwater;
B.
Limitations on excavation beyond 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 not result in significant adverse impact relative to
the proposed final use or off-site areas.
Practices shall be employed to ensure that excavation
or fill operations do not degrade surface or subsurface water quality.
A.
Practices shall include:
(1)
Provisions ensuring that fill used in pits will be
nontoxic;
(2)
Provisions ensuring that soil particle sizes used
to fill pits will not disrupt groundwater hydrology;
(3)
Provisions for water quality to be periodically checked
for toxicity;
(4)
Provisions or pretreatment of any process water to
be discharged to pits or streams.
B.
Sedimentation control facilities shall conform to
the following minimum requirements:
(1)
Settling ponds shall be constructed of sufficient
capacity and character to essentially remove sediment and reasonable
clarify the water used in the extraction process before such water
is discharged into the stream.
(2)
Bottoms of settling ponds shall be scarified and accumulations
of silt removed at times when the water level is low or ponds are
dry in order to provide a maximum previous condition.
(3)
Dikes shall be constructed as necessary to impound
the silt-laden water. All dikes shall have a minimum top width of
10 feet with side slopes at the rate of three feet horizontally to
one foot vertically. Tops of dikes shall be a minimum of one foot
above tops of discharge pipes or one foot above crests of spillways.
(4)
Outlet pipes or spillways in dikes for any settlement
pond shall be set at flow line elevations that ensure adequate capacity
to prevent topping and consequent washouts of the dike. Pipes and/or
spillways shall be set a minimum of two feet above the bottom of settlement
ponds. At points of discharge of pipes or spillways, adequate measures
shall be taken to prevent erosion of the dike or of the ground surface
between the dike and the stream into which effluent is discharged.
Rehabilitation of areas cleared or excavated
shall provide for useful and productive land including development,
redevelopment and preparation thereof or restoration insofar as practicable.
A.
Lands graded and stabilized in accordance with an
approved site plan or subdivision for nonextraction usage or in accordance
with an approved landfill plan shall be deemed to be rehabilitated
in accordance with this section.
B.
Areas not otherwise undergoing rehabilitation within
one year of completion of excavation shall be restored. Areas to be
restored shall, to the maximum extent practical, result in the reestablishment
of the vegetation association which existed prior to the extraction
activity.
(1)
Revegetation shall include:
(a)
Enrichment of soils.
(b)
Stabilization of exposed areas by establishing
ground cover vegetation, and either:
[1]
The planting of a minimum of 1,000 one-year-old pitch pine seedlings
per acre; or
[2]
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 the species.
(2)
Restoration shall be a continuous process and each
portion of the parcel shall be restored such that ground cover will
be established within two years and tree cover will be established
within three years after resource extraction is completed for that
portion of the site.
(3)
Restoration shall proceed in the same sequence and
time frame set out in the extraction schedule required in the application.
(4)
All restored areas shall be graded to contours having
a natural appearance and conform with the following minimum requirements:
(a)
A minimum slope of 1% shall be maintained throughout
the site to ensure adequate drainage.
(b)
No grade shall exceed one foot vertical to three
feet horizontal.
(c)
All areas within 100 feet of shorelines shall
be graded to a slope not exceeding one foot vertical to five feet
horizontal.
(d)
All areas within 50 feet of any street, road,
highway or other public thoroughfare shall be graded to an elevation
at or above the surface of the center line of the thoroughfare.
(e)
All areas within 200 feet of any exterior property
line shall slope to a grade of not less than four feet horizontally
to each one foot of depth.
(f)
All underwater excavations shall be restored
to minimum slopes not exceeding the stable natural repose of the soil
under buoyant conditions.
C.
Areas previously cleared or excavated and in need
of rehabilitation shall be restored, but proposed regrading and revegetation
activity may be staged over an extended period. Where such areas exist,
the minimum area to be rehabilitated during any two-year permit period
shall not be less than the total area of land proposed for clearing
or excavation as delineated on approved area clearing plans and area
excavation and processing plans and in no case less than 20 acres.
Any applicant aggrieved by an action relating
to this chapter may file, with the Township Clerk, a written request
for a hearing. The request shall be made within 10 days of the action
in question and shall specify the particulars of the action which
the aggrieved party wishes to have modified or set aside and the reasons
thereof. Within 30 days of receipt of the request by the Clerk, the
Township Council shall conduct a hearing on the appeal. After such
hearing, the Council may reverse or affirm the action, with or without
the imposition of conditions, provided that the purposes of this chapter
would still be met. The fee for the initial session shall be paid
upon submission of the appeal and the fee for adjourned or rescheduled
sessions shall be paid prior to their commencement.
Violations and penalties shall be as follows:
A.
Any owner of land, tenant, licensee, permittee, person,
or firm or corporation violating any of the provisions of this chapter
shall be subject to a fine not exceeding $200, or imprisonment in
the county jail for a term not exceeding 90 days, in the discretion
of the Judge of the Municipal Court before whom such conviction shall
be had. Each and every violation and nonconformance of this chapter,
or each day that any provision of this chapter shall have been violated,
shall be construed as a separate and distinct violation thereof.
B.
A permit may be revoked by the Township Council by
reason of the violation of the terms of the permit and/or the provisions
of this chapter and/or the willful violation of any municipal ordinance,
state or federal, statute or falsification in applying for a permit.
The licensee, permittee, owner, tenant, person, firm or corporation
shall have right to hearing by the Township Council upon his, her
or its written request.
C.
In addition to the foregoing, but not limited thereto,
the Township may institute and maintain a civil action:
(1)
For injunctive relief; or
(2)
To set aside and invalidate any permit made in violation
of the provisions of this chapter or nonconformance therewith, which
permit or license was procured through misrepresentation or falsification
in applying for such permit or for failure to comply with the continuing
requirements for permits or with any conditions of approval.
The applicant shall pay fees and deposits as
follows:
A.
Permit application fee. A nonrefundable fee of $500
shall be paid upon submission of an application for permit and for
each resubmission or amendment submitted to the Clerk.
B.
Professional review fee. All costs incurred by the
Township for the review of the application by an attorney, planner,
engineer or other professional shall be paid by the applicant. An
initial deposit of $2,500 shall be placed in escrow upon submission
of an application for permit.
C.
Periodic inspection fee. For each approved operational
area listed on the extraction schedule: $800.
D.
Performance guarantee inspection fee. All costs incurred
by the Township for the inspection of improvements for which a reduction
in the performance guarantee is requested shall be paid by the applicant.
An initial deposit of $500 shall be placed in escrow upon submission
of such request.
E.
Appeal hearing fees. A nonrefundable fee of $1,000
shall be paid for each session conducted to hear an appeal to the
Township Council as provided for by this chapter.
F.
Escrow funds. Escrow accounts shall be established
by the Township for each application to provide for payment of professional
review fees and bond release inspection fees. The accounts shall be
governed by the procedures established pursuant to N.J.S.A. 40:55D-1
et seq. for land development except as set forth herein.
(1)
A separate account shall be established for each type
of fee and the initial deposits shall be placed in the accounts by
the Township.
(2)
The applicant shall be required to deposit additional
funds when the balance in an account falls below $1,000. The Township
Clerk shall notify the appropriate consultants and experts, who shall
provide an estimate of any additional costs anticipated.
(3)
Failure to deposit additional funds shall be subject
to the following penalties. In the case of an application pending
approval, the Township Council shall suspend all proceedings and take
no action on the application until additional funds adequate to cover
anticipated costs have been deposited by the applicant.
(4)
All disbursements to professionals for fees, costs
or expenses related to the review of a permit application or to the
bond release inspection of a permitted premises shall be charged against
the escrow fund.
(5)
Upon request of an applicant, the Township Clerk shall
furnish the applicant with a statement of all disbursements.
(6)
All escrow funds not expended or reserved for anticipated
costs shall be refunded to the applicant upon request.
(a)
Upon withdrawal of a permit application or its
dismissal or action withholding approval of the application in its
entirety, an applicant may receive the balance of funds held in escrow.
(b)
Upon issuance of a permit, an applicant may
receive the balance of funds held in escrow for professional review
fees.
(c)
The Township Clerk shall provide the applicant
with an accounting of escrow funds which shall list all disbursements.
