[HISTORY: Adopted by the Township Committee of the Township
of White 12-29-1983; amended in its entirety 4-2-1999 (Ch. 91 of the 1977 Code). Subsequent amendments noted
where applicable.]
[Amended 12-6-2001]
A.
It is the intent of this chapter to license and regulate surface
and subsurface mining for the protection of persons and property and
for the preservation of the public health, safety and welfare of the
Township and its inhabitants and to ensure that said mining operations
are conducted in such a manner as to cause a minimum of disturbance
to nearby owners or occupants of property, to provide for the safety
of individuals, particularly children, and, further, to ensure that
the mining area be suitably and reasonably rehabilitated after mining
operations have been completed or otherwise terminated.
B.
MINERAL
PERSON
PROJECT SITE
RECLAMATION
RECLAMATION PLAN
SOIL
SUBSURFACE MINE OR MINING
SURFACE MINE OR MINING
TOPSOIL
For the purpose of administering this chapter, certain terms shall
be interpreted to mean as defined herein:
Any metalliferous or nonmetalliferous substance that can
be extracted from the earth for profit.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals.
The area to be affected by surface mining that will be subject
to permit and bonding based on the portion of the property that will
be surface-mined during the permit period.
The reconditioning of the area of land affected by surface
mining operations to return same to a productive use after termination
of said operations, consistent with Chapter 170, Land Use, of the
Code of the Township of White and the Master Plan.
[Added 2-22-2007 by Ord. No. 2007-1]
A written plan by a professional engineer detailing how the
area or areas of land affected by surface mining operations shall
be reclaimed after termination of said operations. The plan shall
be consistent with the provisions of this chapter and include, but
not be limited to, provisions for reasonable portions of initial or
existing surface mining operations to be reclaimed prior to the opening
of new areas. To the extent practicable, the reclamation plan shall
make provisions for simultaneous mining and reclamation. Reclamation
plans may be amended or revised from time to time as surface mining
operations proceed, and any amended or revised reclamation plan shall
be submitted to the Township Engineer for review.
[Added 2-22-2007 by Ord. No. 2007-1]
Any earth, topsoil, clay, mineral, ore, loam, gravel, stone,
sand, dirt or rock, without regard to the presence or absence of organic
matter.
Excavation for and the extraction and removal of minerals
and other resources in the ground from a cavity not defined as a surface
mine herein.
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 of such open pit mine that contributes directly
or indirectly to the extraction of such mineral.
The upper layer of earth which is composed of at least 2.75%
by weight of organic matter, is friable and loamy and is free of debris,
stones, lumps, roots or similar objects larger than two inches in
any dimension and sludge, additives, or toxic substances that may
be harmful to plant growth.
No person shall engage in surface mining activities unless a surface mining permit has been obtained pursuant to § 254-4.
No topsoil extracted within the Township of White shall be transported
across and deposited anyplace outside the municipal boundaries of
the Township of White, as established and shown on the White Township
Tax Atlas, unless otherwise authorized herein, in an issued permit
or by resolution.
[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1; 3-22-2007 by Ord. No. 2007-7]
Prior to any new surface mining activity, a completed application for a surface mining permit shall be submitted to the Planning Board of White Township in connection with the applicant's site plan approval application. The Planning Board shall act on the site plan application and shall also be authorized to issue a surface mining permit expiring on December 31 of the year following the date of the Planning Board approval if same is granted on or after October 1, or expiring on December 31 of the year of the Planning Board approval if same is granted prior to October 1. Subsequent renewal surface mining permit applications shall be submitted no later than October 1 to the Township Engineer, in accordance with § 254-14. If a surface mining permit has lapsed for a period of two or more years, a new application shall be submitted to and acted upon by the Planning Board in accordance with this chapter. A new or renewal application shall be deemed complete when it contains the following elements:
A.
An application form properly completed.
B.
An application report which shall include the following:
(1)
Identification of the location of the surface mine, the ownership
of surface rights and mineral rights, the holder of the permit and
the person responsible for the reclamation performance guaranty.
(2)
A copy of a portion of the United States Geological Survey topographic
map outlining the contiguous property holdings of the applicant that
will be surface-mined.
(3)
A notice of approval from the Soil Conservation District of the soil
erosion and sediment control plan. This plan shall be prepared in
conformance with Standards for Soil Erosion and Sediment Control in
New Jersey.
(4)
A description of the environmental setting of the proposed surface
mine, including adjacent land use, topography, drainage, geology and
existing site conditions.
(5)
A description of the proposed operation, including the method of
mining and nature of any processing as well as the intended quantity
in cubic yards of sand and/or gravel to be extracted and/or processed.
(6)
A description of the measures to be taken to remain in compliance with noise and vibration standards of the New Jersey Department of Labor and Industry and White Township Code § 160-175H.
(7)
Copies of all required permits and approvals, including New Jersey
Pollutant Discharge Elimination System permits and Warren County stormwater
permits for stormwater discharge, are required, together with copies
of applications for such permits and approvals with accompanying documents
and reports.
(8)
A description of the proposed final reclaimed land use. It is recognized
that surface mining is a long-term transitional land use and that
any reclaimed land use plan must be conceptual and subject to change
based on future surface mine configurations and future land use requirements.
However, the proposed reclamation plan shall be compatible with current
land use conditions, and the intended reclamation shall be compatible
with the proposed final land use.
(9)
A description of the proposed reclamation activities, including final
disposition of waste materials, drainage conditions, final grading,
application of soil cover and seeding for those areas to be revegetated
and final treatment of access roads or haulage ways within the permit
area.
(10)
A description of final slope treatments shall be indicated. All final slopes shall comply with the standards of Subsection E(3) as hereinafter regulated.
(11)
A certified copy of the applicant's deed designating the
boundaries and adjoining property owners and any easements or restrictions.
C.
A surface mining plan which shall be prepared by a licensed professional engineer of the State of New Jersey and shall conform to the requirements of § 254-6 hereof. The surface mining plan shall be updated prior to completion of each phase of the operation in the manner consistent with the final requirements and shall indicate (this subsection shall not apply to extraction operations of less than 2,000 cubic yards per year):
(1)
The topography within 200 feet of the project site based on National
Geodetic Vertical Datum (NGVD 88) with reference to monuments and
identification of benchmarks established on or near the project site.
(2)
The location and elevation of all major structures, streams, bodies
of water, access roads and surface mining faces.
(3)
The boundaries of the project site, delineated to the nearest 0.1
acre.
(4)
Final grade profiles, which shall consist of at least two intersecting
sections through the permit area showing existing topography, proposed
final elevations and the position and slopes of the proposed final
faces.
(5)
Accurate lot lines certified by a licensed land surveyor with property
corner markers and property line markers where appropriate.
(6)
All new and renewal applications shall have field markings which
will supplement the property line markers and shall be shown on the
survey map.
(7)
The boundaries of any wetland area and wetland transition area within
the project site as approved by the State of New Jersey or a certification
by a New Jersey licensed engineer, or other environmental consultant
acceptable to the approving authority, that there are no wetlands,
as defined in N.J.A.C. 7:7A.
D.
A traffic plan which describes, in narrative form, the probable routes
to be taken by traffic generated by operation of the surface mine.
The traffic plan shall contain a description of the efforts that will
be made by the permittee to reduce spillage, to include dust soil
residue and, required in the I Zone,[1] from traffic leaving the surface mine.
E.
Standards. Every surface mining operation shall comply with the following
standards, and the application documents shall demonstrate conclusively
the extent of such compliance:
(1)
Lot area. The minimum lot area for any surface mining activity shall
be limited to the existing size of the block and lot.
(2)
Setbacks. There shall be a buffer area not less than 50 feet wide
along all property lines, and no excavation, structures, processing
or any mine-related activity other than access drives shall be permitted
to encroach into such buffer areas, except that appropriate berms
along all property lines shall be permitted subject to the approval
of the Township Committee as to height, width and other reasonable
requirements, including the planting of vegetation thereon. This provision
shall not prohibit property owners of adjoining surface mining operations
from entering into property line agreements between each other that
would allow each surface mining operator to mine up to the other's
property line. Such property line agreements may only encompass those
property lines where adjoining surface mining activities exist. Upon
the execution of such agreements, the buffer restrictions set forth
above shall be null and void. New or renewal surface mining permits
may be conditioned upon a party's willingness to enter into a
property line agreement. Notwithstanding the foregoing, there shall
be a two-hundred-fifty-foot buffer area between any lands to be used
for surface mining and any residential zone or use and/or any public
roadway which abuts a residential zone.
[Amended 8-10-2006 by Ord. No. 2006-17]
(a)
The provisions of the preceding section to the contrary notwithstanding,
weigh scales and accessory structures may be permitted within the
said fifty-foot or two-hundred-fifty-foot buffer area as follows:
[1]
For surface mines actively operating at the time of the passage
of this subsection: by approval of the Township Engineer based on
written application to the Township Engineer and upon such conditions
as he deems appropriate. The Township Engineer shall give due consideration
to the requirements of relevant Township land use ordinances and to
the circumstances and needs of the applicant to facilitate continued
surface mining operations in a reasonable manner that will not negatively
impact neighboring property owners or create a safety hazard. The
application shall be in such form and require such information as
the Township Engineer determines necessary. The Township Engineer
may, in his discretion, or shall, upon receipt of the applicant's
written request, refer any such application to the Planning Board
for its review and approval in accordance with the Township Code,
in which case the applicant may, in the discretion of the Planning
Board, be required to submit a new application and/or additional application
materials in accordance with Code.
[2]
For new surface mining operations: by application to and approval
of the Planning Board in accordance with Code.
(3)
Final slope treatments shall comply with the following standards:
A.
The applicant shall submit to the Township Engineer a performance
guaranty cost estimate relative to the proposed reclamation of the
site and a reclamation plan. The cost estimate for the work to reclaim
the area(s) disturbed by surface mining in accordance with the reclamation
plan shall be based on documented construction costs for similar work
prevailing in the Township. No surface mining permit shall be issued
until such time as a performance guaranty is posted by the applicant
with the Township Clerk in an amount equal to 120% of the performance
guaranty cost estimate, as determined by the Township Engineer, and
in a form approved by the Township Attorney. The performance guaranty
shall be in effect at all times during the period in which the operation
is being conducted pursuant to the permit and for a period of 18 months
after expiration of the surface mining permit and until released by
the Township so as to insure the reclamation of the surface mine site
in accordance with the terms and conditions thereof.
[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1]
B.
Prior to the holder of any surface mining permit making application
before the Township Committee for any amendment or alteration of the
terms and conditions of any outstanding surface mining permit, there
shall be submitted to the Township Committee the written consent of
the surety on said bond approving said application for amendments
or alteration and consenting to extension of the guaranty coverage
thereto.
C.
Applications for the release of any guaranties posted in accordance
with the terms of this chapter and/or the resolutions of the Township
Committee shall be accompanied by an affidavit stating that the soil-moving
operation has been completed in accordance with the application and
all plans, maps and other data filed therewith, and in accordance
with all resolutions and conditions. The affidavit shall be executed
by a licensed professional engineer of the State of New Jersey. The
Township may release the performance guaranty, or parts thereof, after
the Township Engineer verifies the affidavit and submits a favorable
report.
D.
In the event that, in the opinion of the Township Engineer, the surface
mining operation has been abandoned or that the required reclamation
or restoration is not completed within the time set forth, the Township
Engineer shall notify the Township Committee in writing. The Township
Committee may, upon not less than seven days' written notice,
then revoke all permits previously issued authorizing the surface
mining operation and/or complete the reclamation or restoration prescribed.
The obligor and surety, if any, shall be liable, in accordance with
the performance guaranty, for the reasonable cost of the completion
of the reclamation or restoration. "Abandonment" shall mean the cessation
of use for a period of 360 days after the expiration of the permit.
A.
If a surface mining permit is granted, the owner or person in charge
shall conduct the operations in such a manner that the area shall
be properly leveled off, cleared of debris and graded. All operations
shall conform to standards set forth by the Mine Safety Act of New
Jersey;[1] the Mine Safety and Health Act of 1977, as amended and
supplemented from time to time; other applicable federal mining removal
standards; and the Occupational Safety and Health Administration Standards,
to the extent applicable.
[1]
Editor's Note: See N.J.S.A. 34:6-98.1 et seq.
B.
The owner of the premises, or the person in charge of the surface
mining activity, shall not take away the top layer of arable soil
(topsoil), but such layer or arable soil shall be set aside for retention
on the premises and shall be respread over the premises when the allowable
natural deposit has been removed. Disturbed areas shall be provided
with a minimum five-inch thickness of topsoil for restoration purposes,
and topsoil shall be imported to the site as necessary to provide
same.
C.
All operations are subject to inspection by the Township Engineer.
In all cases when, in the Township Engineer's opinion, the operation
or any phase or part of such operation poses a potential threat to
the public health, safety and general welfare, the Township Engineer
shall immediately advise the surface mine operator of the detrimental
condition and confer with the operator on the issue of corrective
action. If corrective action satisfactory to the Township Engineer
is not taken within 24 hours of notification of the condition by the
Township Engineer to the operator, the Township Engineer shall recommend
that the Township Committee schedule a hearing, of which the surface
mine operator shall be given at least 10 days' advance notice,
to determine if the surface mining permit should be suspended or altered
in any way. Notwithstanding the foregoing, if there is an immediate
threat to public health, safety and welfare, the Township Engineer
shall have the right to order an immediate cessation of operations
with the surface mine operator having the right to immediately appeal
to the Township Committee.
D.
Surface mining operators shall be responsible for cleaning and sweeping
the roadway at the entrance and exit of the premises to avoid the
accumulation of debris and to maintain the road in a clean and safe
condition. The premises road shall be swept thoroughly and as often
as necessary to prevent dirt and debris from entering the public roadway.
If the surface mine operator does not respond to direction by the
Township Engineer to clean a portion of roadway affected by this operation
in a timely manner sufficient to ensure the public safety and well
being, the Township may undertake action to ensure the immediate rectification
of the deficiency. The Township will then be reimbursed by the surface
mine removal operator for all expenses incurred as a result of the
emergency action within 30 days or the Township will take action to
suspend soil removal activities until such payment is made.
E.
The surface mine operator shall cause to be posted in a prominent
location and shall distribute to all their employees, agents or independent
contractors who transport removed materials, diagrams indicating the
proposed roads to be utilized by trucks entering the soil removal
site and by vehicles in transporting removed materials as approved
by the Township Engineer.
F.
Speed limits of vehicles used by operators shall at all times be
observed; continual violations shall be considered cause for suspension
of surface mining permit.
G.
Embankments or fill and the preparation of the area on which the
embankments or fill are placed shall be constructed of soil and rock
materials or a combination of these materials obtained from the surface
mining activity. These materials shall be free from stumps, roots,
weeds, sod, rubbish, garbage, asphalt or any other material that may
decay.
H.
Within the zone permitting surface mine or mining, the finished surface
grade of any project site located between a public road and a current
or former railroad right-of-way shall be no less than 2% nor greater
than 10% and shall be graded to a constant slope from the road to
the railroad right-of-way as measured perpendicular from the road.
No excavation shall be made below the level of the constant slope.
I.
The applicant shall be required to section the property which is
the subject of this permit into areas of not more than 15 acres and
to schedule the work of surface mining so that the operation conducted
shall not expose more than 15 acres at any time in accordance with
the detailed surface mining plan. The area where removed material
is washed shall not be considered part of the surface mining operation
and, therefore, can be located outside of these 15 acres. Vegetative
restoration may include but not be limited to the placement of five
inches of topsoil; addition of soil, i.e., lime, fertilizer, etc.,
as may be required on a site-by-site basis.
J.
Upon termination of a surface mining operation, the surface of the
premises shall be left in a condition which provides for adequate
drainage so as to prevent water pockets or undue erosion. All grading
and drainage shall be such that natural stormwater leaves the premises
at the original natural drainage points and that the area drained
to any one point is not increased.
K.
The operator of any surface line shall rehabilitate all excavated
areas with appropriate topsoil coverage, seeding, adequate plant material
and other measures to properly prepare the site for suitable ultimate
land use consistent with provisions of the White Township Zoning Ordinance.[2]
L.
The granting of a permit shall not be construed to authorize the
moving to or from the site in question of any soil, minerals or other
resources not specifically covered by said permit.
M.
Blasting shall be prohibited in connection with surface mining operations.
This prohibition shall not apply in the case of rock quarries.
O.
Hours of operation.
(1)
Hours of operation, except for maintenance work on the site (and
subject to pollution and noise regulations) shall be limited to April
1 through September 30, 6:00 a.m. to 6:00 p.m., Monday through Saturday;
October 1 through March 31, 7:00 a.m. to 5:00 p.m., Monday through
Saturday; provided, however, that no processing equipment shall be
operated before 7:00 a.m.
(2)
The above hours of operation shall not be valid on the following
legal holidays: January 1, July 4, Memorial Day, Thanksgiving Day
and Christmas Day.
P.
The approved reclamation plan, or a
copy thereof, shall be maintained at an appropriate location on the
site of the surface mining operation and shall be readily accessible
to Township officials upon request.
[Added 3-22-2007 by Ord. No. 2007-7]
[Amended 12-27-2001]
A.
Enforcement. Except as specifically set forth in §§ 254-6 and 254-7 hereof, the Zoning Officer, in consultation with the Township Engineer, shall enforce surface mining regulations in the Township and conduct inspections of all surface mining operations. The Township Engineer shall, upon his own initiative, and whenever directed by the Committee or the Zoning Officer, inspect the premises for which permits have been granted to ensure compliance with the terms of the permit and of this chapter. Upon discovery of a violation of this chapter or any other applicable ordinance, statute or resolution, the Township Engineer shall advise the Zoning Officer and the surface mine operator of the violation and shall immediately confer with the operator regarding necessary corrective action. Where, in the opinion of the Township Engineer, the condition poses an immediate danger to the public health, safety and general welfare, the provisions set forth in § 254-6C shall govern. For all other conditions giving rise to a violation, if such condition is not corrected within five business days of notification of such violation by the Township Engineer to the operator, the Zoning Officer shall report such violation to the Township Committee and take any action deemed necessary under the circumstances. The Zoning Officer, in consultation with the Township Engineer, shall submit biannual reports to the Township Committee on each surface mining operation in the Township, with a copy to be served simultaneously upon the operator, specifying whether or not and in what manner the provisions of this chapter and the Zoning Ordinance[1] and other applicable ordinances or resolutions are being
followed. The operator retains the right to respond in writing to
the Township Committee to the report of the Zoning Officer.
B.
Inspection. For the purposes of administering and enforcing the provisions
of this chapter from a technical standpoint, the Zoning Officer and
the Township Engineer shall have the right to enter the land where
approved surface mining operations are being conducted in order to
examine and inspect the land and the operations. Nothing herein shall
be construed as limiting the power of any Township enforcement officials
from entering lands and enforcing ordinances. Frequency of inspections
shall be determined by the Zoning Officer, in consultation with the
Township Engineer, but shall not be less than four times per year.
All such inspections shall be performed by the Township Engineer in
the presence of a representative of the applicant, with a report regarding
same submitted to the Township Committee and Zoning Officer and a
copy being served simultaneously upon the surface mine operator.
[Amended 12-6-2001]
A.
Fees for application. At the time of application for a surface mining
permit (the Planning Board for an initial surface mining permit or
the Zoning Officer in the case of applications for renewal permits),
a fee for application review shall be paid to the Township in the
amount of $2,500. The application fee represents those reasonable
costs incurred by the Township for legal, engineering and administrative
work in processing a soil removal application. However, if additional
fees are required to deal with engineering, administrative, legal
and enforcement matters, the applicant may be required to post additional
fees in escrow. The application fees are nonreturnable if the application
for a permit is denied.
[Amended 12-27-2001]
B.
Annual escrow for reimbursement of certain costs, including, without
limitation, administrative, legal, engineering, enforcement and inspection.
If the Township Committee approves an application for surface or subsurface
mining activities, an escrow account of $5,000 shall, as a condition
of approval, be established by the permittee with the Township for
reimbursement of reasonable fees and costs incurred by the Township
for administrative, legal and engineering work, and enforcement and
inspections, associated with the mining operation. Said escrow amount
shall be maintained by the permittee on an annual basis and, upon
the request of the Township Committee, shall be replenished up to
said amount as a condition of further approvals or proceedings herein.
[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1]
Upon receipt of a completed application for a surface mining
permit, the Township Engineer, within 14 days, submit to the Township
Committee and Township Attorney a written report and recommendations
regarding the soil removal or surface mining activity and whether
a permit may be issued. The Township Engineer shall issue the soil
removal or surface mining permit to the applicant if, in the opinion
of the Township Engineer, the application is complete and the said
activity will be conducted in a manner consistent with the intent
and purposes of this chapter. The Township Engineer may append to
the permit all reasonable requirements in connection with the soil
removal and/or surface mining activity. The Township Engineer may,
in his reasonable discretion, extend a current permit up to 30 days,
in order to allow the applicant to revise any of the application materials.
Extensions beyond the initial thirty-day period may be granted by
the Township Committee and upon such terms as it may direct in its
reasonable discretion. A copy of the permit shall be transmitted to
the Zoning Officer.
The issuance of a soil surface mining permit in connection with a surface mining operation shall entitle the permittee for the duration of the permit and, subject to its terms, to extract soil, remove it from the designated premises and transport it to a location within or outside the Township of White in accordance with the regulations set forth in § 254-6 and subject to inspection and enforcement in accordance with § 254-7.
[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1]
The Zoning Officer and Township Engineer shall keep a record
of all permits issued under the authority of this chapter. The records
shall include all information contained in and the terms applicable
to the permit. The records shall also indicate the amount of the fee
paid for the permit, the date on which the payment was received, the
date of the issuance of the permit and whether the permit was new
or a renewal.
During any soil extraction or surface mining activity, a valid
soil extraction or surface mining permit shall be prominently displayed
at the site where said activity is being conducted.
Soil extraction and/or surface mining permits shall apply only
to the person and the site to whom and for what it was issued and
may not be transferable to another person or site without the consent
of the Township Committee.
[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1; 3-22-2007 by Ord. No. 2007-7]
A.
Except in instances expressly provided otherwise, all soil extraction
permits and surface mining permits shall be effective from:
(1)
The date of Planning Board approval to December 31 of the ensuing
year in case a new application is approved by the Board after October
1;
(2)
The date of the Planning Board approval to December 31 of the same
year in case a new application is approved by the Board prior to October
1;
(3)
January 1 to December 31 for renewal applications.
B.
To insure continuity of soil removal or surface mining operations,
complete applications for the renewal of permits shall be submitted
to the Township Engineer no later than October 1. A ten-day grace
period shall be allowed.
A.
Any soil removal or surface mining permit issued by the Planning
Board or the Township Engineer may be revoked by the Township Committee
after notice and a hearing for any of the following causes:
[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1]
(1)
Fraud or misrepresentation of the application for permit.
(2)
Fraud or misrepresentation in the conduct of the permitted activity.
(3)
A violation of any provision of the soil extraction or surface mining
permit or noncompliance with any of the terms of a conditional use
permit granted, where applicable, by the Planning Board.
(4)
Conduct by the permittee or his agents, representatives or employees
in an unlawful manner or in a manner inimical to the public health,
safety or general welfare.
B.
Notice of a hearing for the revocation of a surface mining permit
shall be given in writing by the Township Clerk or the Township Attorney.
The notice shall specifically set forth the ground(s) upon which the
proposed revocation is based and the time and place of the hearing.
The notice shall be served by mailing a copy to the permittee at his
last known address by certified mail, return receipt request, at least
five days prior to the date set for the hearing.
[Amended 12-27-2001; 2-22-2007 by Ord. No. 2007-1]
C.
At the hearing for the revocation of a soil extraction or surface
mining permit, the permittee shall have the right to appear and be
heard, to be represented by attorney, to present witnesses in his
own behalf, to cross-examine opposing witnesses and have a permanent
record made of the proceedings at his own expense. The Township Committee
shall revoke or suspend the permit if it is satisfied by a preponderance
of evidence that valid causes for such revocation or suspension exist.
The Township Committee may authorize the issuance of another
soil extraction or surface mining permit to a person whose permit
has been revoked, suspended or denied as provided herein if after
a hearing it is satisfied by clear and convincing evidence that the
reasons leading to the revocation, suspension or denial have been
properly rectified and will not reoccur. Otherwise, no person whose
permit has been revoked, suspended or denied, nor any person acting
in his behalf, directly or indirectly, shall be issued another permit
to carry on the same soil extraction activity.
[Added 12-6-2001]
A.
In specific cases and for special reasons, the Township Committee
may grant waiver(s) from the surface or subsurface mining permit standards
of this chapter, provided that clear and convincing proof is presented
by the permittee that such waiver(s) may be granted without adversely
affecting the intent and purpose of this chapter.
B.
Procedures for hearing.
(1)
Any requested waiver(s) must be made in writing, describing with
particularity the provision(s) of this chapter for which a waiver
is sought, and addressed to the Municipal Clerk. The Municipal Clerk
shall forward copies of the waiver request to the Township Engineer,
Township Attorney, Zoning Officer and Construction Code Official.
(2)
The Township Committee shall determine, within a reasonable time after receipt of the request, whether a hearing is necessary. The Township Committee shall also determine whether sufficient escrow funds are available pursuant to § 254-5B to defray the Township's professional fees associated with the waiver request and hearing. If a determination is made that a hearing is necessary, the permittee shall be so notified in writing and, if applicable, shall be ordered to replenish the escrow as a condition of further proceedings.
(3)
The responsibility for scheduling the date and time of the hearing
shall be the permittee's, subject to approval by the Township
Committee. The hearing may be held at a regular or special meeting
of the Township Committee. If a special meeting is required, the permittee
shall be responsible for reimbursing the Township from the escrow
account for the costs of advertisement. No later than 10 days prior
to the date and time fixed for the hearing, the permittee shall provide
notice to property owners in accordance with the applicable provisions
of N.J.S.A. 40:55D-12. The hearing and/or notice requirement may be
dispensed with upon written request of the permittee when, in the
opinion of the Township Committee, the waiver sought is of a minor,
routine or technical nature.
(4)
Permittees which are corporations must be represented by counsel. At the hearing, the permittee shall provide proof to the Township Committee of notice pursuant to the preceding Subsection B(3). The representational and notice requirements shall be considered jurisdictional.
(5)
Conduct of hearing. The permittee shall proceed first by providing
testimony under oath, written evidence which shall be marked as exhibits
unless objection thereto is sustained by the Township Committee, oral
argument of counsel, or any combination thereof. Adjoining property
owners wishing to be heard shall similarly be permitted to provide
testimony, evidence and/or argument of counsel at the conclusion of
the permittee's case. Other interested parties and/or members
of the public shall be permitted to participate in like manner. Cross-examination
of witnesses may be permitted in the discretion of the Township Committee.
At the conclusion of the hearing, the Township Committee shall, by
motion, decide whether or not a waiver should be granted and may accompany
its determination with reasonable conditions. The hearing may be adjourned
from time to time in the discretion of the Committee.
(6)
Resolution. The Township Attorney shall prepare a resolution memorializing
the action of the Township Committee. A copy of the enacted resolution
shall be provided to the permittee and, upon request, to any other
interested party.
(7)
The Township's administrative and professional fees incurred in connection with the waiver request and all proceedings subsequent thereto shall be paid from the permittee's escrow established pursuant to § 254-8B and shall be based on the professional's regular hourly rates charged the Township. The Township Committee reserves the right to request that the escrow be replenished at any time prior to, during or after the hearing, and to suspend further proceedings until the required payment is collected.
A.
For any and every violation of provisions of this chapter, the owner,
contractor or other person or persons interested as lessees, tenants
or otherwise in any building, land or premises where such violation
has been committed or shall exist or continue to exist, and who shall
fail to abate said violation within the time specified by the notice
of violation, after written notice to do so has been served upon him
by certified mail, return receipt requested, or by personal service
upon him, shall for each and every violation be subject to a fine
up to $1,000 per day for each day of violation or imprisonment for
90 days, or both. The provisions of N.J.S.A. 40:49-5 shall apply to
such penalty assessments.
B.
Each and every day of such violation after such abatement notice
shall have been served shall be considered a separate and specific
violation of this chapter and not as a continuing offense. If, after
diligent effort, service of a notice of violation cannot be made by
mail or in person, posting of a copy of such notice at a conspicuous
part of the premises in violation shall be construed as legal service.
C.
The Township Engineer and Zoning Officer shall have authority to
enforce the provisions of this chapter by filing a complaint in the
Municipal Court, but only upon prior authorization from the Township
Committee.
[Added 2-22-2007 by Ord. No. 2007-1]
Any and all Township ordinances or parts thereof in conflict
with or inconsistent with any of the terms of this chapter are hereby
repealed to such extent as they are so in conflict or inconsistent;
provided, however, that the adoption of this chapter shall not prevent
or bar the continuance or institution of any proceedings for offenses
heretofore committed in violation of any existing ordinances of the
Township of White.
