Township of Buena Vista, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Buena Vista 6-27-1966 by Ord. No. 82 (Ch. 53 of the 1993 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Development regulations — See Ch. 115.
In their interpretation and application, the provisions of this chapter shall be held to be for the promotion of the public health, morals and general welfare, for the elimination of dust and noise, for the elimination of danger from deep pits in close proximity to highways, for the conservation of the soil and for the betterment of the community. The provisions and requirements of this chapter shall be held paramount to any corresponding or similar provision of any existing law, ordinance, rule or regulation.
No excavating, digging or mining of sand or gravel may be done for commercial purposes in the Township of Buena Vista without first obtaining a permit therefor from the Township Committee in the manner as hereinafter set forth.
A. 
Application for permits for excavating, digging or mining of sand or gravel in the Township of Buena Vista shall be made to the Township Clerk, and no permit shall be issued by the Township Committee unless the following have been complied with:
(1) 
A fee of $25 shall accompany the application for the purpose of paying the costs of making investigation and of administering this chapter.
(2) 
Attached to the application shall be a survey or blueprint drawn by a licensed engineer, which shall show the area proposed to be excavated, dug or mined; and said survey shall indicate the distance to the closest highway, road or property line.
B. 
No permit shall be issued by the Township Committee if the survey indicates that the proposed excavating, digging or mining shall be within 125 feet of a public road, highway or any road shown on the Tax Map or 50 feet from any property line or within 200 feet of any church, schoolhouse or public building.
C. 
No permit shall be issued or renewed unless such excavated, dug or mined area shall be kept and maintained free of water deposits and shall be so fenced in as to make said area inaccessible to children.
[Amended 3-26-1984 by Ord. No. 180-1984; 11-6-2006 by Ord. No. 11-2006]
The annual fee for excavating, digging or mining of sand or gravel in the Township of Buena Vista for commercial purposes shall be set forth below, which fee shall be paid on the first day of January of each year.
A. 
Sand or gravel mining.
[Amended 6-13-2011 by Ord. No. 4-2011; 10-9-2012 by Ord. No. 4-2012; 12-27-2016 by Ord. No. 37-2016]
Year
Fee
2012
$1,000
2013
$1,050
2014
$1,100
2015
$1,150
2016
$1,200
2017
$1,250
2018
$1,300
2019
$1,350
2020
$1,400
2021
$1,450
A. 
Where, by reason of exceptional conditions, the strict application of any regulation enacted under this chapter would result in difficulties and undue hardship upon the owner, the owner may appeal to the governing body, relative to such property, for a variance so as to relieve such difficulties and hardships. No relief may be granted or action taken under the terms of this chapter unless such relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of this chapter.
B. 
In the event relief may be granted by the Township Committee as aforesaid, the person, firm or corporation to whom or to which such relief may be granted shall not excavate, dig or mine so that the slope shall be in excess of one foot vertical excavation for every two feet horizontal; and further provided that such person, firm or corporation shall keep and maintain such excavated, dug or mined area free of water deposits and so fenced in as to make it inaccessible to children.
C. 
Hydraulic excavations may, at the discretion of the Township Committee, be excepted from the aforesaid conditions and regulations.
All sand and gravel pits now existing and which are not in accordance with this chapter shall not be enlarged upon.
All applications for permits for sand and gravel pits now existing shall be made as herein provided following the adoption of this chapter.
Certain words and phrases used in this chapter are defined for the purpose hereof as follows:
A. 
Word usage. Words used in the present tense include the future; the singular number includes the plural.
B. 
Definitions.
COMMERCIAL PURPOSES
Refers to the sale or commercial use of the sand or other product which is excavated as distinguished from personal use of the product by the owner of the ground at the place where the same is excavated.
EXCAVATION
Includes excavating, mining, mixing, screening, washing, grading, processing, stockpiling, storing, loading and any procedures necessary to prepare the sand, gravel, topsoil, clay, stone or other natural mineral products for removal from the site; except that recycling operations licensed by the State of New Jersey are excluded.
[Amended 4-24-2006 by Ord. No. 6-2006]
ROAD or HIGHWAY
Refers to all state, county, Township and local roads but has no reference to private roads or private rights-of-way.
This chapter shall be administered and enforced by the Township Committee or any other public official who shall be designated by the Township Committee, and such official shall in no case grant any permit unless this chapter shall have been fully complied with.
[Added 5-10-1993 by Ord. No. 258-1993; amended 1-24-1994 by Ord. No. 270-1994]
Permits issued under the provisions of this chapter may be suspended or revoked by the Township Committee for any violation of this chapter. Written notice of such suspension or revocation shall be given to the permittee, who may appeal such action to the Township Committee by filing with the Township Clerk a written request for a hearing. Such hearing shall be held by the Township Committee upon five days written notice to the appellant. The action of the Township Committee at the conclusion of such hearing shall be final, and any suspension or revocation shall be in addition to any penalties for violations otherwise provided in this chapter.
[Added 5-10-1993 by Ord. No. 258-1993; amended 1-24-1994 by Ord. No. 270-1994[1]]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-15. Each violation and/or each twenty-four-hour period after the expiration of a thirty-day period after notice shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).