[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Jackson 4-20-1971 by Ord. No. 10-71 (Ch. 56 of the 1972
Code). Amendments noted where applicable.]
No person, firm or corporation shall engage in any operation
for the excavation, mining and removal for commercial use or other
disposition of any sand, gravel, stone or other natural mineral or
ore or any one or combination of them unless or until such license
therefor shall have been issued to such person, firm or corporation
at the direction of the Township Committee.
A.
An application for a license shall be made to the Township Committee
by delivering such application and supporting documents to the Township
Clerk in triplicate.
B.
No application shall be made for a license hereunder and no license
shall be granted under this chapter for any operation or site which
would be in conflict or in noncompliance with any zoning ordinance
of the Township. But in no event shall any license be issued for premises
or operations which are not in the Industrial Zone.
D.
Application for a license under this chapter shall be accompanied
by a special use permit or a certified copy thereof.
E.
Application requirements. Application for a license hereunder shall
be made on a form furnished by the Township, which form shall be executed
by the applicant and submitted with the appropriate license fee to
the Township Clerk. The application shall be accompanied by a map
or maps which indicate the following:
(1)
The exterior lines of the land that will comprise the site of the
mining or other activity hereunder.
(2)
The lot and block numbers of all adjoining lands as shown on the
Official Tax Map and an identification of the owners thereof.
(3)
The existence of a permanently established bench mark approved by
the Township Engineer.
(4)
Contour lines showing elevations of the proposed mining site at the
time of the application.
(5)
Contour lines showing elevations as a result of the excavation, mining
and removal of any natural mineral substance.
(6)
Limits. The limits of the area to be mined or excavated, which area
shall not in any one license term exceed:
(b)
In the case of a license under § 185-11 of this chapter, 50 acres to a depth not to exceed 10 feet below the surface of any adjoining property or road. These limitations of the area and depth to be mined shall not apply to any licensee operating under § 185-10 hereof, but such licensee shall also obtain a license under § 185-11 hereof.
[Amended 6-1-1971 by Ord. No. 16-71]
(7)
The location of all access roads and other roads adjoining the property.
(8)
The location of all slopes created by the mining or excavation.
(9)
The location of any artificial lakes that may be created as a result
of the mining or excavation.
F.
Granting license. If, after examining the application and the accompanying
map or maps as elsewhere herein provided and after approval of the
application and supporting documents by the Township Engineer and
the Township Attorney, and after public hearing and due consideration
of such factors as erosion, drainage, soil fertility, grades and elevations
of adjoining streets and lands, land value and uses, factors relating
to the coordinated, adjusted and harmonious development of the Township,
public health, safety and welfare, the Township Committee shall be
of the opinion that the proposed operation will not create conditions
inimical to public health, safety and welfare and will not result
in the creation of any sharp or dangerous declivities, pits or depressions,
soil erosion or fertility problems or depressed land values, and will
not create any drainage problems or other conditions of danger, a
license, to expire on the following 30th day of April, may, at the
direction of the Township Committee, be granted under the terms and
conditions of this chapter. The first year's license fee shall
be prorated to the remainder of the annual license period, but in
no case shall such prorated fee be less than the sum of $350.
[Amended 6-1-1971 by Ord. No. 16-71]
G.
Denying license. In the event that the Township Committee rejects
or refuses to grant an application for a license, it shall deduct
from the fee tendered up to the sum of $350 for any inspection expenses
and services to which the Township has been put in having said map
or plan, application and any other submitted data inspected and checked
by its Township Attorney, Township Engineer and other officials, or
any of them. All such charges shall be and remain municipal funds
for the use and benefit of the Township.
H.
Taxes. No application will be considered and no license will be granted
until the owner or applicant, if the applicant is other than the owner,
produces satisfactory proof that all taxes have been paid on the lands
comprising the site of proposed operation, for which a license under
this chapter is sought.
All licenses issued under this chapter shall expire on April
30 of the year following the year of issuance, except limited licenses
as hereinafter provided, which shall expire six months from date of
issuance.
[Amended 6-1-1971 by Ord. No. 16-71]
A permit issued under this chapter may be renewed annually upon
the following conditions:
A.
If the appropriate annual fee for such permit is tendered with the
application.
B.
The applicant has not permitted or suffered a condition which, if
uncorrected, would violate this chapter.
C.
The applicant holds a special use permit covering the area to be
mined, excavated or dredged during the renewal period.
D.
The applicant submits a map as described in § 185-2 of this chapter to reflect the proposed changes in elevation and other topography as a result of the mining or excavation during the renewal period.
E.
The applicant has complied with the requirements of this chapter
relating to grading, seeding and reforestation of that area of the
site that has been excavated or mined.
F.
All current taxes on the site for which license renewal is sought
have been paid.
G.
The applicant is not in violation of any state, county or municipal
law or ordinance or health regulation as a result of any activity
or operation under this chapter.
H.
The applicant is in compliance with the requirements for insurance under § 185-7 of this chapter.
J.
All fees and charges due the Township as a result of operations by
the applicant under this chapter have been paid.
An applicant for renewal of a license hereunder shall make application
for renewal at a time sufficiently prior to the expiration of the
then current license, but in no case less than 60 days prior thereto,
to permit necessary consideration of the application, supporting documents
and necessary inspection to allow issuance of the renewal license
on or before the expiration of the then current license. The Township
Engineer shall submit his findings to the Township Committee at least
14 days prior to the renewal date.
A.
Prior to the issuance of any license or renewal of a license under
this chapter, the applicant shall submit a bond in an amount approved
by the Township Engineer and the Township Committee wherein the owner,
if not the applicant, and the applicant is principal and a bonding
or insurance company licensed to do business in New Jersey is surety,
the bond to run to the Township of Jackson, in the County of Ocean
and State of New Jersey, its successors or assigns, and to be conditioned
for the faithful performance of the conditions of this chapter.
B.
Except as hereinafter provided, the actual amount of the bond of
the applicant shall be such amount as is approved by the Township
Engineer, but in no case less than $1,500 per acre or fraction thereof
for the total number of acres covered by any original or renewal application.
The bond shall be renewed or a new bond given at the time of application
for a renewal license in an amount not less than $1,500 per acre or
fraction thereof, multiplied by the total number of acres covered
by the original license, plus the number of acres or fraction thereof
to be covered by the renewal license, less the number of acres that
the Township Engineer has certified have been graded, seeded and planted
with trees, where required, as herein provided.
C.
An application for a limited license as hereinafter provided shall be accompanied by a bond in an amount which, in the opinion of the Township Committee and the Township Engineer, will enable the Township to correct any condition that results from the improper use of such limited license and which amount may be less than the amount specified in Subsection B hereof.
D.
All bonds must be approved by the Township Attorney.
E.
In no event shall any licensee or applicant for a license or for
renewal of a license be required to furnish a bond to the Township
of Jackson pursuant to this chapter in an amount in excess of $250,000.
[Amended 6-1-1971 by Ord. No. 16-71]
A.
An original application for a license under this chapter, other than
a special license as herein provided, shall be accompanied by a certificate
of public liability insurance, reflecting the issuance to the applicant
of a policy of public liability insurance wherein the Township is
named as coinsured for damages arising out of any activity of the
applicant under a license issued under this chapter, in an amount
not less than $500,000/$1,000,000 for death or bodily injury and $50,000/$100,000
for property damage.
B.
An application for a limited license as hereinafter provided need
not be accompanied by a certificate of public liability insurance,
but no limited license shall issue until the applicant or his contractor
files with the Township Clerk evidence that such insurance is in effect
in an amount determined and specified by the Township Engineer, but
in no case less than $20,000/$40,000 for death or bodily injury and
$10,000/$20,000 for property damage.
For the purpose of enforcing this chapter, the Township Engineer
and the Zoning Officer, under the Township Engineer, are designated
as enforcing officers. It shall be the duty of the Township Engineer
or the Zoning Officer, under the supervision of the Township Engineer,
or one of them, to make physical inspections in connection with any
application for a license or renewal license hereunder and, in addition,
to make at least one other physical inspection after an interval of
approximately six months.
A.
In any area, location or zone in the Township of Jackson where a
landowner, tenant or other interested party desires to remove or relocate
sand, gravel, stone, topsoil or mineral deposits or a combination
of any two or more of them, where the primary purpose of such removal
or relocation is to bring the grade of the parcel or parcels of land
to the grade desired by the owner, tenant or other interested party,
the landowner, tenant or other interested party may apply to the Township
Committee for a license to grade the parcel or parcels of land which
will be the subject of the application.
[Amended 12-5-1972 by Ord. No. 34-72]
B.
The applicant for such license shall file a written application therefor
with the Township Clerk and accompany such application with:
(1)
Written consent of the landowner, if the applicant is other than
the landowner.
(2)
The necessary fee.
(3)
A written statement of the length of time required to complete the
proposed grading of land.
(4)
A contour or other map or maps showing the present grade and the
proposed grade of the premises in question, after the operation is
completed, and adjacent public highways and adjacent properties within
200 feet of the premises in question, using numbers of lots and blocks
as shown on the Official Tax Assessment Map for all lands referred
to thereon. On one or more of said maps or in other written data accompanying
the map or maps, the applicant shall show any drainage problem which
will be caused by the proposed removal and how such problem will be
cured by the landowner or applicant.
(5)
A written statement setting forth what, if anything, is upon the
lands, such as buildings, trees, brush or other things, and how the
applicant proposes to dispose of such things that are on said lands.
C.
Where the completed grade of the premises in question will be below
the grade of adjacent lands or lands owned by another, the bank or
banks of the applicant's lands shall be sloped off so as not
to endanger or damage the property of any other person or be dangerous
to any person or any of said lands.
D.
No person, firm or corporation shall remove any soil, sand, gravel,
stone or mineral deposit from any parcel of land under this section
until such license is acquired.
E.
No such license shall be granted if it is apparent to the Township
of Jackson, its governing body or Engineer that the proposed removal
would create a danger or hazard to any public highway or to the property
of another, create or cause to be likely to cause an unsolved drainage
problem, or create a health or sanitary hazard or a place where stagnant
water may stand.
F.
No person, firm or corporation shall fail to promptly remove the
materials from the land for which a license is granted or fail to
place the final grade of said premises in such form and manner as
shown in his or its application.
G.
Where the primary purpose of removal of any of the minerals referred
to in this section is to grade the land, under the provisions of this
section, and not to engage in any business requiring a license under
this chapter, no application for a special use permit shall be required.
H.
No person, firm or corporation shall:
(1)
Use this section as a subterfuge to avoid making application for
or paying for a license as herein otherwise provided for.
I.
Limited license. The Township Committee, upon recommendation of the enforcing officer, may waive the requirements of Subsection B(4) of this section under any one of the conditions set forth in this subsection, and, upon receipt and consideration of the application, as elsewhere in this section prescribed, together with the appropriate fee, may direct the issuance of a limited license. The Township Clerk, upon the compliance of the applicant with §§ 185-6C and 185-7B of this chapter, shall issue said limited license:
(1)
Where the owner of the building lot or some other interested person
on his or its behalf has secured a valid building permit and paid
the proper fee therefor, which said building permit is in full force
and effect at the time of application hereunder.
(2)
Where removal of soil, sand, gravel or stone is reasonably necessary
to the proper construction or use of a proposed addition to or alteration
of an existing building.
(3)
Where the grade of the land has been altered by the owner or lessee
by dumping fill to restore the land to its former grade, provided,
that such grade is not lower than the grade of any abutting street
after completion of the proposed grading.
A.
Where the purpose of the application for a license or renewal under
this chapter is the recovery of materials, deposits or ores or other
mineral substances, other than sand, gravel, stone or topsoil, for
sale and removal or other commercial disposition thereof, and the
applicant employs one or more bucket dredges, suction dredges, draglines,
sluice washing apparatus or other forms of hydraulic mining, such
person, firm or corporation shall obtain from the Township, prior
to commencement of operations, a mining permit.
B.
Without limiting its generality, this section comprehends any commercial
operation for the recovery of ilmenite, leucoxene, rutile and zircon.
C.
Where a licensee under this section engages in the sale or other commercial disposition of such by-products of the mining operation as sand, gravel or stone or any combination of such or other by-products, such licensee must also obtain a license under § 185-11 of this chapter and as also set forth in § 185-2E(6)(b).
[Added 6-1-1971 by Ord. No. 16-71]
Where the purpose of the application for a license under this chapter is the excavation, sale, removal or other commercial disposition of sand, gravel or stone and the applicant does not contemplate the purpose specified in § 185-10 of this chapter or the removal, sale or other disposition of topsoil, such person, firm or corporation shall obtain from the Township, prior to the commencement of operations, a sand and gravel license.
Where the purpose of the application for a license under this chapter is the removal and sale or other disposition of topsoil and the applicant does not contemplate the purpose or any of them as set forth in §§ 185-10 and 185-11 of this chapter, such person, firm or corporation shall obtain from the Township, prior to the commencement of operations, a topsoil license.
A license for the removal of natural arable topsoil from cultivated
land in the Township of Jackson may be issued at the direction of
the Township Committee, subject to the following conditions:
A.
The owner of the land shall make application for such license, which
application shall be in verified form and shall contain the following
information and statements:
(1)
A description of the property for which the license is applied by
reference to the Jackson Township Tax Map.
(2)
The names of all persons having an interest in the lands for which
such license is applied.
(3)
The names and addresses of all persons having liens on said land
and the consent of such lienors to the issuance of the license applied
for.
(4)
A statement by the applicant that the topsoil to be removed will
not be sold or transported out of the municipal limits of the Township
of Jackson, and that such topsoil shall not, in fact, be so sold or
transported.
B.
Inspection of the land and a statement of the Township Engineer that
the removal of such topsoil shall not have any detrimental effect
upon the land and the adjacent properties shall be required. In making
such inspection and statement, the Township Engineer shall take into
consideration the following:
C.
Upon receipt of the report of the Township Engineer, as provided
for in the preceding subsection, the Township Committee, prior to
the issuance of such license, shall determine that there will be no
impairment of convenience, accessibility, health, safety, neighborhood
character or the maintenance of property values in the areas adjacent
to the proposed site.
D.
No license shall be issued at the direction of the Township Committee
until the applicant has posted with the Township a bond in an amount
to be determined by the Township Engineer as will insure that there
shall be left on the land arable topsoil in an amount sufficient to
cover all land mined, to a depth of at least four inches, and seeded
with rye grass or other suitable covering crop after completion of
the topsoil mined.
E.
Any misstatement in the application provided for in Subsection A hereof or any violation of the conditions under which such license may be issued or of any of the provisions of this chapter shall constitute a reason for revocation of the license by the Township Committee of the Township of Jackson upon notice to the applicant or owner of the land and after public hearing before the Township Committee.
No license shall be granted which will permit a licensee to,
and no licensee shall:
A.
Engage in the business referred to in §§ 185-10, 185-11 and 185-12 hereof until and unless the owner of the lands from which the soil, sand, gravel, stone or other natural mineral deposits are proposed to be removed has signed a written consent thereto and filed same with Township Clerk, unless the applicant for license is such landowner, in which event the applicant for a license shall so state. If a consent is required hereunder, it shall accompany the application to be filed with Township Clerk.
B.
Either begin or continue the removal of any of said materials or
mineral deposits from any land until an annual license fee as elsewhere
herein provided has been paid said Township and a license therefor
has been issued and is in full force and effect.
C.
Begin to operate and engage in said business until the Township Engineer
has caused or approved the corners and exterior lines of the licensed
premises to be staked and marked so that the licensed area shall be
clearly designated and in order that no public highway or private
property of another shall be endangered by the proposed business.
If the licensee desires, he may have any licensed New Jersey land
surveyor or civil engineer stake and mark said area, provided that
if such procedure is followed, the Township Engineer shall check said
fieldwork and approve the same to the Township Committee.
D.
Prevent or attempt to prevent or hinder the Township Committee or
any of its authorized employees or servants from viewing, inspecting
and examining the licensed premises at any reasonable time.
[Amended 6-1-1971 by Ord. No. 16-71]
E.
Remove or permit to be removed or obliterated any stake or marking.
If any of said stakes or markings are removed or destroyed, the same
shall be promptly replaced by the licensee. The intent of this provision
is that said stakes and markings shall be maintained at all times
on the licensed premises by the licensee.
F.
Permit any unattended child or children upon the licensed premises
or do anything to permit or cause the licensed premises to be or continue
as a source of danger to children.
G.
Construe his, her or its license to cover any other area or parcel
of land other than the area, lot or parcel described in his license.
H.
Bury any old lumber, building materials, debris, cut or dead trees,
stumps, brush or other similar waste on any premises for which a license
hereunder has been issued.
I.
Engage in any operations for the mining or removal of any mineral substance in any area of the Township that is not zoned as industrial, except for operations conducted under § 185-9 of this chapter.
J.
Remove, relocate, sell or otherwise dispose of any soil, sand, gravel,
stone or other natural mineral deposit from any land unless and until
all taxes on said land shall have been paid.
[Amended 6-1-1971 by Ord. No. 16-71]
A.
Prior to the commencement of mining operations under any license
issued under this chapter, the overburden or topsoil, where found,
shall be stripped and stockpiled on the premises.
B.
A licensee under § 185-11 (but not licensed under §§ 185-10 and 185-11 jointly) or a licensee under § 185-12 hereof shall, within 120 days of the conclusion of the mining operation, or within 120 days of having mined to planned grade as shown on the contour map filed in support of the mining application, or within three years of the issuance of the original issuance of a license hereunder, whichever shall occur first, regrade, reseed and reforest said licensed premises as hereinafter provided. In the event the licensee has not completed its operations on the licensed premises or mined to planned grade within one year from the issuance of the original license for the premises in question, then, in that event, the licensee shall regrade, reseed and reforest such portion or portions of the licensed area mined, stripped or denuded at the rate of at least 25% of said area mined, stripped or denuded within 120 days of the expiration date of its original license issued, at least an additional 25% during the second year following the issuance date of the original license and the balance on or before the expiration of three years from the issuance of the original license.
C.
The licensee shall respread the overburden or topsoil over the mined
area, including slopes, to a minimum depth of four inches, capable
of supporting a cover crop. This area shall be seeded with rye grass
or other approved cover crop. The land shall also be reforested with
a minimum planting of a mixture of evergreen and deciduous plantings
of at least 50 trees per acre planted on a grid pattern of approximately
thirty-foot centers. The minimum size of the deciduous plantings shall
be no less than 1 1/2 calipers and the evergreen plantings shall
not be less than 18 inches in height. The 50 trees per acre shall
consist of not less than 12 nor more 25 deciduous trees.
D.
The licensee shall seed and reforest as herein provided in any area
where mining operations were carried on under a license issued under
Ordinance No. 5-59[1] and where a license has been or is presently held under and by virtue of § 185-10 hereof (even though said licensee simultaneously holds a license for said premises pursuant to § 185-11 hereof) and where those portions of the mining premises have been dredged or refilled or partially refilled, or which consist of lakes or ponds, or which are to be reworked, or are being used for stockpiling of mineral substances either for refilling or regrading purposes or for resale by the licensee under §§ 185-10 and/or 185-11 of this chapter, or pursuant to Ordinance No. 5-59, or which comprise the actual portion of the premises upon which a dredging operation is being conducted, or which are being used as a dump for tailings or which have been stripped in preparation for actual mining operations.
[1]
Editor's Note: Ord. No. 5-59, adopted 4-1-1959, concerning
mining and excavating, was repealed 4-20-1971 by Ord. No. 10-71, which
is included as this chapter.
E.
Such licensee, i.e., a licensee pursuant to § 185-10 hereof, shall be permitted a maximum working acreage which shall be limited to the area on which mining operations are actually being actively conducted, and in no event shall such working acreage exceed 300 acres. Such a licensee shall rehabilitate at least 1 1/2 acres per year for each and every new acre that is mined until such time as all outstanding nonrehabilitated land, except its maximum working acreage allowance, is rehabilitated. Notwithstanding anything to the contrary, all presently outstanding nonrehabilitated land, except its working acreage allowance, shall be rehabilitated within three years of the issuance of a license under § 185-10 hereof.
F.
In this connection, a licensee under § 185-10 hereof shall file, in addition to such other maps as required hereunder, appropriate maps indicating the area sought to be mined and licensed, its working acreage requirement and location and its presently outstanding nonrehabilitated land. Thenceforth, said licensee shall rehabilitate one acre for each and every new acre mined in a given year. At such time as such licensee determines to permanently end all its mining operations, it shall notify the Township Committee and the Township Engineer in writing of such fact and shall then rehabilitate its working acreage allowance within a period of three years from the date of the cessation of its operation at a rate of 100 acres per year until such time as its entire working acreage is rehabilitated.
G.
During the time said licensee is in the process of ending its operations,
the licensee shall be bonded in such amounts and for such period of
time as herein provided.
H.
Maintenance bond.
(1)
Notwithstanding anything to the contrary herein or elsewhere, a maintenance
bond shall be maintained in full force and effect for a period of
two years beyond the date when the regrading, reseeding and reforestation
has been inspected and approved by the Township Engineer. The Township
Engineer shall inspect the regrading, reseeding and reforestation
within 30 days of receipt by him of written notice by the licensee
or his agent that the regrading, reseeding and reforestation has been
completed and shall file his report, indicating the acceptance or
rejection of same with the Township Clerk, and send a copy to the
licensee or his agent. If said work is not acceptable to the Township
Engineer, he shall specify in his report the reason therefor, and
the licensee shall proceed forthwith to correct any deficiency. Upon
correction of the deficiency or deficiencies, the licensee or his
agent shall notify the Township Engineer, who shall inspect the corrections
and file his report as herein provided, the Engineer furnishing a
copy to the licensee. The Township Engineer shall file his report
and send a copy thereof to the licensee or his agent within 14 days
of his inspection or reinspection, as the case may be.
(2)
Upon acceptance of the regrading, reseeding and reforestation by
the Township Engineer, the licensee shall furnish a maintenance bond
in accordance herewith.
(3)
The maintenance bond shall be in the amount of $500 per acre of the
licensed premises inspected and approved by the Township Engineer,
unless that officer determines that a greater amount will be necessary
to cover the cost of any necessary reseeding or replanting, in which
case the Township Engineer will specify the amount of the maintenance
bond required in his report.
I.
Lakes. Wherever feasible, in the opinion of the Township Engineer,
lakes may be permitted to be created on the mined area, provided such
lakes shall be stream fed and adequately drained.
A.
Where a license has been issued under this chapter and the licensee
conducts dredging, mining or excavation on lands and in beds of streams
in the Township of Jackson, it is hereby required that the ground
disturbed thereby be leveled and generally graded, when possible,
in a manner reasonably comparable with the natural contour of the
ground prior to such disturbance, and that any watercourse disturbed
by such dredging shall be left in a state conducive to the public
safety, health and general welfare.
B.
Settling ponds. Where any licensee operates a dredge and/or conducts
a mining and washing operation where the water disturbed by such dredging
or the water used in such washing operation flows into a stream in
Jackson Township, the licensee shall construct settling ponds of sufficient
capacity and character to reasonably clarify the water used in the
dredging or washing operation before such water flows into any stream.
A.
No licensee shall remove any sand, gravel, stone or other mineral
substance by any means whatsoever below the surface of any street,
road, highway or other thoroughfare at any point nearer said street,
road, highway or other thoroughfare than 50 feet.
B.
Screening operations from view. Where residential dwellings are located
within 100 feet of the boundary line of the tract to be mined or excavated,
a screening strip of trees or hedge shall be provided to screen the
mining or excavating operation from the view of such residential dwellings.
All persons engaged in the excavating, mining or removal of gravel, stone, sand or other mineral substances under § 185-11 hereof shall provide adequate and suitable dust-free access roads and shall install or cause to be installed adequate and suitable signs and other devices within 200 feet in either direction of the point where the access road enters any public road, to warn motorists and other persons of the dangers inherent in the excavation and removal of gravel, stone, sand and/or other mineral substances, including the existence of access roads and the use thereof by trucks and other heavy machinery. There shall also be installed white posts with reflectors at driveway entrances. In addition to the signs and markers specified herein, the licensee shall install such additional signs or markers at such places as the Township Engineer shall direct.
No person engaged in the excavating, mining or removal of gravel,
sand or stone shall allow or permit any dangerous condition to result
from the excavating, mining, removal or transportation of gravel,
sand or stone on any public road or highway. The public roads and
highways in close proximity to the excavation shall be kept clear
of loose dirt, gravel, sand or stones. In the event any violation
of this section exists, the Township of Jackson shall be authorized
to rectify the situation, and the cost of such work will be borne
by the applicant.
A.
Retention of topsoil. Except as provided in § 185-13 hereof, an applicant, after having been issued a license under this chapter, shall not remove the top layer of arable soil to a depth of six inches, but shall set this soil aside for retention on the premises and shall respread it over the premises when the gravel, stone or sand has been removed, or sooner, at the direction of the Township Engineer, pursuant to levels and contour lines and grades as approved by the Township Committee.
B.
Slopes and grades.
(1)
The excavation, mining or removal of sand, stone and gravel shall
be conducted in such a manner that there shall be no sharp declivities,
pits or depressions and in such a manner that the area shall be properly
leveled off, cleaned of debris and graded to conform with the contour
lines and grades as approved by the Township Committee.
(2)
The minimum grade of slope shall be not less than three feet horizontal
to one-foot vertical; provided, however, that the grade of slope shall
not commence until the appropriate setback requirements have been
met.
[Amended 6-1-1971 by Ord. No. 16-71]
The Township Committee expressly reserves the right to change, alter, modify, revoke or refuse to renew any license issued under this chapter at any time and to regulate the hours of operation after written notice to the applicant of such intention, including the reasons for such action, and after an opportunity has been extended to the applicant to be heard at a public hearing. Nothing herein contained shall be deemed a waiver of any other recourse available to the Township of Jackson, including any action at law or equity for damages, fines, penalties or restraints. The standards to be applied to any action taken or proceedings held by the Township Committee shall be the same as those set forth in § 185-22 hereof.
A.
A license or limited license issued under this chapter may be suspended
or revoked by the Township Committee:
(1)
Where the licensee has not paid to the Township any sum due to the
Township under this chapter.
(2)
Where the licensee has failed or refused to correct a condition that
would constitute a violation of this chapter.
(3)
Where the licensee conducts a mining, excavation, removal or relocation
of any soil, sand, gravel or stone without having a special use permit
covering the land upon which such operation is or has been conducted.
(4)
Where the licensee fails to submit any map required under this chapter.
(5)
Where the licensee has failed or refused to comply with the provisions
of this chapter relating to grading, seeding or reforestation.
(6)
Where the licensee has failed to pay or caused to be paid any taxes
upon the lands covered by his or its license.
(7)
Where the licensee is in violation of any federal, state, county
or municipal law or ordinance or health regulation as a result of
any activity or operation under this chapter.
(8)
Where the licensee has failed or refused to comply with the requirements of § 185-7 of this chapter relating to insurance.
(9)
Where the licensee has failed or refused to comply with the requirements of § 185-6 of this chapter relating to bonding.
(10)
Where the licensee has failed or refused to keep and maintain
true and accurate records.
(11)
Where any operation of the licensee under this chapter endangers
the person or property of adjoining landowners or other persons in
the Township.
B.
Procedure for suspension or revocation of license.
(1)
Whenever any of the enforcement officers of the Township of Jackson
determines that there are reasonable grounds to believe that there
has been a violation of any provision of this chapter or of a rule
or regulation, if any, adopted pursuant thereto, he shall give notice
of such alleged violation to the person or persons responsible therefor
as hereinafter provided.
(a)
Such notice shall:
[1]
Be put in writing.
[2]
Include a statement of the reasons why it is being issued.
[3]
Allow a reasonable time for the performance of any act it requires.
[4]
Be served upon the owner or his agent, provided that such notice
shall be deemed to be properly served upon such owner or agent if
a copy thereof is served upon him personally, or if a copy thereof
is sent by certified mail, return receipt requested, to the licensee
or his agent at the address set forth in the license application,
or if a copy thereof is posted in a conspicuous place in or about
the licensed premises affected by the notice or if he is served with
such notice by any other method authorized or required under the laws
of this state.
[Amended 6-1-1971 by Ord. No. 16-71]
(b)
Such notice may contain an outline of remedial action which,
if taken, will effect compliance with the provisions of this chapter
and with rules and regulations adopted pursuant thereto.
(2)
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter or rule or regulation,
if any, adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Township Committee, provided such
person shall file in the office of the Township Clerk a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor within 10 days after the day the notice was served.
Upon receipt of such petition, the Township Clerk shall set a time
and place for such hearing and shall give the petitioner written notice
thereof. At such hearing the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than seven days after the
day on which the petition was filed, provided that, upon application
of the petitioner, the Township Committee may postpone the date of
the hearing for a reasonable time beyond such seven-day period if
in its judgment the petitioner has submitted a good and sufficient
reason for such postponement. After such hearing the Township Committee
shall sustain, modify or withdraw the notice, depending upon its findings
as to whether the provisions of this chapter or the rules and regulations,
if any, adopted pursuant thereto have been complied with. If the Township
Committee sustains or modifies such notice, it shall be deemed to
be an order which, at the discretion of the Township Committee, may
operate as a revocation of the license. Any notice served pursuant
to this chapter shall automatically become an order if a written petition
for a hearing is not filed in the office of the Township Clerk within
10 days after such notice is served. The proceedings at such hearing,
including the findings and decision of the Township Committee, shall
be summarized, reduced to writing and entered as a matter of public
record in the office of the Township Clerk. Such record shall also
include a copy of every notice or order issued in connection with
the matter. Any person aggrieved by the decision of the Township Committee
may seek relief therefrom in any court of competent jurisdiction as
provided by the laws of the state.
[Amended 6-1-1971 by Ord. No. 16-71]
C.
Procedure for suspension in emergency.
(1)
Whenever the enforcement officers of the Township of Jackson find
that an emergency exists which requires immediate action to protect
the public health or safety, they may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring
that such action be taken as they deem necessary to meet the emergency.
Notwithstanding the other provisions of this chapter, such order shall
be effective immediately. Any person to whom such order is directed
shall comply therewith immediately, but upon petition to the Township
Committee shall be afforded a hearing as soon as possible. After such
hearing, depending upon its findings as to whether the provisions
of this chapter and the rules and regulations, if any, adopted pursuant
thereto have been complied with, the Township Committee shall continue
such order in effect, modify it or revoke it.
(2)
Where a licensee or owner requests in writing a hearing on an emergency
suspension, such hearing shall be held within 72 hours of the receipt
by the Clerk of a written request for such hearing.
[Added 6-1-1971 by Ord. No. 16-71]
A.
In those cases where no provision for the amount of the fee to accompany
the application for a license or renewal of a license has been made,
the following shall apply:
(1)
For a license under § 185-9 of this chapter:
(a)
The sum of $50 where the area involved is two acres or less.
(b)
The sum of $150 per acre or fraction thereof where the area
involved is more than two acres and less than five acres.
(c)
The additional sum of $250 per acre or fraction thereof where
the area involved is more than five acres but less than 10 acres.
(d)
The additional sum of $250 per acre or fraction thereof where
the area involved is 10 acres or more.
B.
Each licensee shall submit to the Township Engineer between the first and 15th days of July and the first and 15th days of January of each year a verified statement of the cubic yardage of all materials removed from the licensed premises for the preceding six-month period. The failure to submit such verified statement shall immediately effect the suspension of the license, and the holder thereof shall not conduct any mining operations on the licensed premises until such suspension has been lifted by action of the Township Committee. This subsection shall not apply to operations under § 185-9I(1) and (2) of this chapter.
[Amended 6-1-1971 by Ord. No. 16-71]
C.
The fees and other charges collected under this chapter shall not
be used for revenue purposes but shall be used for the purpose of
covering the expenses incurred in the enforcement of the regulations
and for engineering surveys, reports and inspections in connection
with this chapter.
Any obligation on the part of a licensee holding a license under
Ordinance No. 5-59 or Ordinance No. 3-69[1] shall continue, notwithstanding the enactment of this
chapter, until the obligation is discharged. Any bond given to the
Township and any public liability insurance procured to protect the
Township from loss arising out of any operation of the licensee under
Ordinance No. 5-59 or Ordinance No. 3-69 shall be continued or renewed
until such obligation on the part of the licensee is discharged. Among
the obligations of the licensee are the obligations relating to grading,
seeding and reforestation. Any license valid on the date this chapter
becomes effective will continue in effect to permit operations under
this chapter until the date such license is due to expire.
[1]
Editor's Note: Ord. Nos. 5-59 and 3-69, concerning mining
and excavating, were repealed 4-20-1971 by Ord. No. 10-71, which is
included as this chapter.
The Township Clerk shall mail a copy of this chapter to each
holder of a license issued under Ordinance No. 5-59 or Ordinance No.
3-69[1] of this municipality as soon as this chapter is finally
adopted in order that such persons may know and be advised of the
provisions of this chapter.
[1]
Editor's Note: Ord. Nos. 5-59 and 3-69, concerning mining
and excavating, were repealed 4-20-1971 by Ord. No. 10-71, which is
included as this chapter.
[Added 3-28-1983 by Ord. No. 15-83]
Excavations by any person for the purpose of establishment of
a pond not related to any mining activity or other commercial use
of the premises to be excavated are hereby authorized and permitted
as an exception to the provisions of this chapter, where the establishment
of location of such pond has been reviewed, authorized and approved
by the Ocean County Soil Conservation District, where stream encroachment
permits and other permits required by the State of New Jersey or other
regulatory agencies have been obtained, and where the material resulting
from such excavation shall not be removed from the site or otherwise
sold or disposed of.
A.
No owner of land in this municipality shall permit and no person
shall conduct operations for the removal, relocation, sale or other
disposition of any sand, stone, gravel, topsoil or other mineral deposits,
or any combination of them, unless and until a license therefor, as
herein described, has been procured in accordance with this chapter.
For any and every violation of any provision of this chapter, the
owner, general agent or contractor of a building or premises where
such violation has been committed or shall exist, and the lessee,
tenant, agent, architect, builder or any other person who causes or
suffers or assists in a violation of this chapter, shall be subject
to a fine of not more than $500 or to imprisonment in the county jail
for a term not exceeding 90 days, or both, upon conviction, at the
discretion of the Judge before whom such conviction shall be had.
Each and every violation of this chapter and each day that any provision
of this chapter shall have been violated shall be construed as a separate
and distinct violation.
[Amended 12-5-1972 by Ord. No. 34-72]
B.
Additional rights of Township. In addition to the foregoing, but
not limited thereto, the municipality may institute and maintain a
civil action:
(1)
For injunctive and other equitable relief.
(2)
To set aside and invalidate any license made in violation of the
provisions of this chapter or nonconformance therewith, which license
was procured through misrepresentation or falsification in applying
for such license or the failure to file a contour map or report as
required by this chapter.
