[Added 10-6-2000]
Permitted uses as an overlay district:
A.
Surface mine or mining, as defined in Subsection B below, shall be a permitted use in the zone shown on the map attached to this subsection,[1] which currently encompasses Block 48, Lots 1, 2, 4, 5, 6, 8, 9 and 10, so long as the applicant and the use comply with the conditions set forth in this section and in § 254-1 et seq.
[1]
Editor's Note: Said map is on file in the Township offices.
B.
SURFACE MINE or MINING — Any excavation, pit, bank or open
cut, where material removed is regularly resold to third parties and
where all mining activity is exposed to open sky, working for the
extraction of stone, rock, gravel, sand, soil or any other mineral,
and shall embrace any and all parts of the property or such open pit
mine that contributes directly or indirectly to the extraction of
such mineral.
D.
Quarrying for commercial purposes shall be permitted only in accordance
with the following terms and conditions.
A.
The application, accompanied by a plot plan, shall contain at a minimum
the following information:
(1)
Maps and plans submitted in compliance with this chapter shall
be 24 inches by 36 inches.
(2)
The title block shall include the following information:
(a)
The name of the operation.
(b)
The name, address, membership or license of the professional
person(s) who prepared the drawings.
(c)
The date of the drawing.
(d)
The drawing reference number.
(e)
The scale of the drawing, numerical and graphic.
(f)
A North arrow and reference meridian.
(g)
The date of the original drawing and date and the nature of
all subsequent revisions.
B.
General plot plan.
(1)
The plot plan shall be drawn at a scale in accordance with the
following table:
|
Area of Site
(acres)
|
Scale Not To Be Less Than
| |
|---|---|---|
|
Less than 40
|
1 inch equals 50 feet
| |
|
Over 40
|
1 inch equals 100 feet
|
(2)
The plan shall include the following data:
(a)
The name and address of the operation and the owner and the
name, address and title of the person preparing the plan and maps,
including appropriate map titles and accompanying data.
(b)
The acreage, municipal Tax Map lot and block numbers and tax
sheet numbers of the lot or lots.
(c)
A key location map showing the site and its relationship to
surrounding areas and zone boundaries within a minimum of 1/4 mile.
(e)
Landscaped areas, fencing and trees over four inches in diameter,
except that where trees are in mass, only the limits thereof, if proposed
to remain, need be shown, or, if proposed for removal, only trees
over nine inches in diameter need be shown.
(f)
All existing and proposed signs and utility poles and their
size, type of construction and location.
(g)
The existing and proposed principal building or structures and
all accessory buildings or structures.
(h)
The location of all existing buildings, drainage and parking
areas within 200 feet of the lot.
(i)
Existing topography depicted by contours at two-foot intervals
based upon New Jersey Geodetic Control Survey datum for the site and
areas within 50 feet of the site. Topography shall be no less than
four years old for the entire site and shall be updated annually for
those areas which have been modified or otherwise disturbed.
(j)
An accurate boundary survey prepared and certified by a New
Jersey licensed land surveyor. The survey shall be based on a field
traverse with an error of closure not less than one part in 10,000.
(k)
The approximate location and size of all existing and proposed
storm drainage facilities, plus all design data supporting the adequacy
of the existing or proposed facility to handle future storm flows,
analysis of the capacity of the facility into which the stormwater
will flow and analysis of the stormwater increase or decrease created
by the quarry.
(l)
The location of all existing and proposed sidewalks, driveways,
fences, retaining walls, parking space areas, and the layout thereof,
and all off-street loading areas, together with the dimensions of
all the foregoing on the site in question and within 100 feet of said
site.
(m)
A traffic study, including the estimated average number of automobiles
and number, size and type of trucks that will enter and leave the
site each day.
(n)
The location, size and nature of all existing and proposed rights-of-way,
easements and other encumbrances which may affect the lot or lots
in question.
(o)
The location, size and nature of the entire lot or lots in question
and any contiguous lots owned by the owner/operator or in which the
owner/operator has a direct or indirect interest, the date of acquisition
of each tract and the deed book and page in which the acquisition
is filed.
(p)
Plans and profiles of streets adjoining the property for a distance
of 500 feet in either direction, including the location of driveways
and intersecting streets and an indication of what the maximum available
sight distance shall be if a new driveway is proposed or if deemed
necessary by the Township Committee.
(q)
The general nature and extent of site lighting and intended
hours of usage.
(r)
The method of sewage disposal and water supply.
(s)
Tax Map lot and block numbers and the names of owners of all
properties within 200 feet of the site.
(t)
A landscape and planting plan which, as a minimum, shall spot
the location of all existing plantings to be retained and all plantings
to be established and shall contain a schedule, keyed to the plantings
shown, calling out the type (common name and botanical name), size
(height, spread and trunk diameter), at the time of planting and at
maturity, and quantity of all plantings shown on the plan.
(u)
The location of any other feature directly on the property and
beyond the property, if such feature has an effect on the use of said
property.
(v)
Such information or data as may be required by the Planning
Board in order to determine that the details of the site plan are
in accord with the standards of the ordinances of the Township.
(w)
Copies of all applicable local, state and federal permits that
may be required.
(3)
Reclamation information. In addition to the foregoing basic
data, the following restoration and operational data shall be included:
(a)
Contours at two-foot intervals depicting the following:
[1]
The final grading of the quarry.
[2]
The grading of any interim stages which are anticipated prior
to final site grading.
[3]
Operations anticipated to be completed within the period of
any and all phases of the proposed plan. These phases are to be subdivided
into not more than five-year periods each. In the event that the operation
is accelerated such that the completion of any phase would occur in
less than the anticipated time, the applicant shall, at the discretion
of the Planning Board or Municipal Engineer, appear before the Planning
Board for amended approval of the site plan. Particular emphases shall
be given to factors such as traffic (both character and quantity),
noise, dust and any other elements that have been deemed germane by
the Board under the circumstances of the application.
[4]
The extent of operations in previous permit periods. This shall
be determined by field measurements. This section shall apply in the
event of an amended application.
(b)
The location and water surface elevation of any groundwater
encountered in operations.
(c)
The location of topsoil stockpiles.
(d)
Soil erosion measures to be installed.
(e)
Restoration details as to soil stabilization and buffering,
including specifications as to reestablishing ground cover in both
final and interim stages.
(f)
An analysis of the natural angle of repose as determined by
a qualified soils engineer.
(g)
A report as to anticipated noise levels and dust conditions
and an analysis as to compliance with applicable standards.
(h)
An estimate of the cost required to restore the site to its
final condition.
(4)
The plans shall be prepared and signed by a professional engineer
licensed in New Jersey, except for certification by other licensed
professionals as required by this chapter or New Jersey law.
A.
In considering and reviewing the application and arriving at its
decision, the Planning Board shall be guided by and take into consideration
the public health, safety and general welfare and the general purposes
of municipal planning, and particular consideration shall be given
to the following factors:
(1)
Soil erosion by water and wind.
(2)
Surface water drainage.
(3)
Soil fertility.
(4)
Lateral support of abutting streets and lands.
(5)
Public health and safety.
(6)
Land values and uses.
(7)
Contours, both existing and proposed.
(8)
Existing contours and topographic character of the land prior
to the removal of any soil and the proposed contours which will result
following the removal of soil in accordance with the soil removal
application.
(9)
Whether the proposed removal of soil is necessary and incidental
to the development of the property for its intended use or whether
the proposed removal constitutes primarily an industrial activity.
(10)
Effects of tree removal.
(11)
Effects on water resources such as streams and wetlands. No
excavation shall be permitted within 15 feet of the seasonal high
water table. The determination of the water table shall be certified
by a professional engineer, which certification shall show the procedure
used and the date such tests were made. The purpose of this section
is to avoid exposure of the water table and underlying limestone aquifer
to surface pollution. Where acceptable alternatives are available,
these may be approved by the Planning Board.
B.
In the event that, after considering and reviewing the application,
the Board finds that the proposal would result in the creation of
a lake, pond, hole, pit or similar type of depression and, further,
in the event that the nature of the operation would be a wet mining
operation, then, and in that event, in addition to the above-referenced
factors, these factors alone shall be sufficient basis for the denial
of the application.
Upon the action of application to the Planning Board pursuant to the provisions of this section, the applicant shall pay a fee of $1,000 to cover the cost of the initial review of the proposed soil removal operation as stipulated in the Code of the Township of White. Upon approval of any application, the applicant shall pay a permit fee in accordance with the provisions of Chapter 254, Soil Removal and Surface Mining, of the Township Code.
A.
Upon approval of the application, the applicant shall file and maintain
a performance bond in a form and with surety approved by the Township
Attorney in such amount as, in the opinion of the Township Engineer,
shall be sufficient to insure the faithful performance of the work
to be undertaken pursuant to the conditions of the approval and the
terms thereof. The bond shall be in an amount of not less than $10,000
per acre of land which is actually being worked in accordance with
the approved plan. Said bond shall cover the respreading of topsoil
as required by the provisions of this section and also final provisions
for drainage of the site and grading to final contour. This bond may
be increased from time to time where, in the opinion of the Township
Engineer, conditions and price increases warrant such increases.
B.
The amount of any performance bond or guaranty may be reduced by
the Township Committee when portions of the operation are completed,
upon recommendation of the Township Engineer.
C.
When all required performance has been completed, the obligor shall
notify the Township Committee, in writing, by certified or registered
mail of the completion thereof and shall send a copy thereof to the
Township Engineer. The Township Committee shall authorize the Township
Engineer to inspect the site to determine that all requirements of
the approved plan have been carried out. The Township Engineer shall
thereupon file a report, in writing, with the Township Committee,
which shall be detailed and shall recommend approval, partial approval
or rejection. If the work covered by the bond or performance guaranty
or any portion thereof shall not be approved, or shall be rejected
by the Township Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection. Where said rejection indicates
partial approval of said improvements of works, it shall indicate
the costs of the work for which approval is denied. The Township Committee
shall accept or reject the work, grant partial approval or withhold
approval on the basis of such report and shall notify the obligor,
in writing, by certified or registered mail, of the contents of said
report and the action of the Township Committee with relation thereto
not later than 90 days after receipt of notice from the obligor of
the completion of the work. Where partial approval is granted, the
obligor shall be released from all liability pursuant to his performance
guaranty bond, except for that portion sufficient to secure the work
not yet approved.
A.
The owner or person in charge shall so conduct the operation 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,
including boulders, and graded to conform with the contour lines and
grades as required and shown on the approved plan.
B.
Arable soil within five inches of the surface shall not be removed
from the premises, but promptly on completion of operations, or as
otherwise directed by the Planning Board, the arable soil so retained
shall be respread on the surface as uniformly as possible and seeded
with winter rye or other suitable planting. If the soil within five
inches of the top is not arable soil, additional soil must be brought
in to bring the total arable soil depth to five inches. Arable soil
must be spread thereon promptly when the operation is completed in
each such area. Provisions must be made for adequate drainage after
the topsoil is replaced. In addition to the above, a landscaping plan
will be provided to return the land to a suitable state. "Arable soil"
is defined as soil which is suitable for most kinds of field crops.
Such soil shall be of a soil capability class of not less than Class
2 as promulgated by the USDA Soil Conservation Service. Class 2 soils
have moderate limitations that reduce the choice of plants or require
moderate conservation practices.
C.
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 by
the Construction Official or other designated official to the owner
of such accumulation.
D.
All operations shall be conducted in strict accordance with any state
law or other ordinances of the Township and the terms and conditions
of any approval granted for such operations. No operation shall be
permitted within 100 feet of any stream or wetland unless it can be
shown that soil removal would not alter the quantity or quality of
the water nor adversely affect the rate of water flow and that the
final finished grade requires soil removal within said distance of
100 feet.
E.
The operation shall be so conducted as not to constitute a nuisance
to adjoining owners or the Township, and in no event shall said operation
create any extra hazardous or unsafe conditions with regard to any
person or persons.
F.
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, amended to conform to the contours and grades as approved
by the Planning Board and trees planted in accordance with the plan
approved by the Planning Board. All roads which may have been damaged
shall be returned to their original condition. Revegetation of the
tract shall be designed in accordance with proposed interim and end
use of the site.
G.
No soil shall be removed which is within 15 feet of the water table,
and no soil shall be removed which is below the grade established
and shown on the approved map.
H.
Slopes shall be in conformance with Chapter 254, Soil Removal and Surface Mining. While working an area, the working face of the excavation shall not exceed 60° from the horizontal, nor shall a face have a vertical height exceeding 30 feet. Any face not currently being worked on shall not exceed 26° from the horizontal. Where an excavated area adjoins a public road or road which has been dedicated to the public, no excavation shall be made below the level of the road for a distance of 100 feet from the right-of-way of said road, except in such instances where, on the lot side of the road, the removal of material would not substantially alter the general terrain characteristics. Where an excavated area is within 50 feet of any building, the finished grade thereof shall not exceed 10% or be less than 2%. In any event, no finished grade shall exceed 10% or be less than 2%. Care should be taken so that there shall be no diversion of surface water from downstream areas outside of the tract either during the operation or after the project is complete.
I.
No garbage, junk or debris may be stored on the subject property,
and no safety hazards will be permitted, either during or after the
completion of operations. All burning of combustible debris resulting
from said soil operation shall be subject to the regulations set by
the White Township Fire Marshal or any regulation of a higher authority
in effect and be undertaken so as not to create a smoke nuisance or
air pollution safety hazard.
J.
Each operator shall annually furnish a progress report to the Township
Engineer, the first of which shall be submitted nine months after
approval of the application, which shall consist of a sketch map at
a scale of one inch to 100 feet showing contours at two-foot intervals,
retained arable soil, equipment, the areas where soil was removed,
the location of water supply and disposal facilities and drainage
facilities, prepared and certified by a licensed professional engineer
and/or land surveyor as provided by law.
L.
In order to minimize the possibility of mudslides or drainage of
silt, the area of operations for excavation shall not exceed a total
of 15 acres, excluding all lands used for processing, hauling, parking,
etc., at any one time without a replacement of topsoil and reseeding
of the premises unless otherwise permitted by the Township for good
cause shown.
M.
Upon the completion of work in any specific area, all respreading
of arable soil and reseeding as required by this chapter shall be
completed within 60 days thereafter, except that, if the completion
of work in an area occurs during the winter months when it would not
be practicable to respread topsoil and reseed same, such work shall
be completed within such additional time as may be specified by the
Township.
[Amended 2-22-2007 by Ord. No. 2007-2]
Any of the conditions or regulations contained herein may be
modified or waived by the Planning Board under any of the following
conditions:
A.
Where the applicant can show undue hardship by reason of topography,
grade or other special conditions.
B.
Where clear evidence is presented showing that the imposition of
such requirements would be detrimental to the public interest.
C.
Where it can be shown that the intended purpose of the Township in
establishing such requirements can be achieved through other means.
D.
Where the data required is obtainable or available to the Township
from other sources.
E.
Where it can be demonstrated that the financial costs to the applicant
or owner in order to meet said requirements would impose an undue
burden or hardship in comparison to the volume of business being conducted,
provided that said volume is equal to or less than 75 cubic yards
in any two-year period.
A.
After reasonable notice and an opportunity to be heard before the
Planning Board, an application or approval may be revoked or suspended
for such period as the Board may determine for any violation of the
terms hereof or the terms and conditions of any plan approved hereunder.
B.
In addition to an action on the bond or guaranty, or the revocation
of approval provided for herein, any person who violates this chapter,
or any director or officer who permits or participates in a violation
of this chapter or the conditions of the approval, shall, upon conviction
thereof, be subject to a fine not exceeding $1,000 or imprisonment
not exceeding 100 days or the maximum penalty available by law, or
both, in the discretion of the judge before whom such conviction is
had. Each day that a violation continues shall be considered a separate
and distinct violation hereof.[1]
