[HISTORY: Adopted by the Township Committee of the Township
of Eagleswood 5-1-1974 by Ord. No. 5-74 (Ch. 62 of the 1977 Township
Code). Amendments noted where applicable.]
[Amended 10-25-2004 by Ord. No. 2004-21; 11-16-2015 by Ord. No. 2015-18]
A.
No business of excavation, removal and sale or other disposition
of soil, sand, gravel, stone and natural mineral deposits, or any
one or combination of them, shall be started or operated in the Township
of Eagleswood, in the County of Ocean and State of New Jersey, unless
and until a resource extraction/soil mining license is acquired.
B.
Licenses for resource extractions/soil mining operations shall be
renewed every five years.
C.
A license issued pursuant to this section may be transferred, provided
that the licensee meets all the requirements of this section, including
the payment of all fees and further that the transferee agrees to
abide by all conditions of the license when issued to the transferor.
[Added 10-25-2004 by Ord. No. 2004-21]
All licensees shall, on nonrenewal years, submit an annual status
report by December 31 of each year. The status report shall include
the following:
A.
Status
of restoration;
B.
Status
and progress of mining operation, including, but not limited to, areas
worked, approximate amounts and types of material removed (in cubic
yards), and tree clearing;
C.
Any deviations from the issued license.
[Amended 11-16-2015 by Ord. No. 2015-18]
D.
Any problems
encountered in the past year and a summary of the action taken, e.g.,
well problems, noise abatement, debris cleanup, subsurface problems,
acts of God, air quality, soil erosion measures, and drainage.
[Added 10-25-2004 by Ord. No. 2004-21; amended 11-16-2015 by Ord. No. 2015-18]
All deviations from the issued license shall be reported, in
writing, to the Township Engineer within 30 days of occurrence. Failure
to report said deviations may result in license suspension or revocation.
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 and one complete copy to the Township Engineer
and Township Planner.
[Amended 10-25-2004 by Ord. No. 2004-21]
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 noncompliance with any zoning ordinance of
the Township. Any mining operation which is currently operated and
licensed shall be considered grandfathered and entitled to renewal
unless the mining operation is abandoned.
[Amended 11-16-2015 by Ord. No. 2015-18[1]]
[1]
Editor's Note: This ordinance also repealed former Subsections
C and D, which immediately followed.
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 in triplicate with the appropriate license fee to the
Township Clerk. The application shall be accompanied by the following
information and a map or maps which indicate the following:
A.
Certification that current taxes have been paid for the premises.
B.
The boundary lines of the whole tract of land within which the proposed
mining or other activity hereunder will take place.
C.
Exterior lines or limits of the proposed area to be mined, hereinafter
called "active cell," showing the location of markers set on the ground
to define said limits. The active cell shall not include the area
of any processing facility and stockpiling.
[Amended 10-25-2004 by Ord. No. 2004-21]
D.
The lot and block numbers of all adjoining lands as shown on the
Official Tax Map, and an identification of the owners thereof.
E.
The existence of a permanently established bench mark or marks approved
by the Township Engineer.
F.
Contour lines showing elevations of the proposed mining site at the
time of the application.
G.
Contour lines showing proposed elevations planned for the excavation,
mining and removal of any natural mineral substance.
I.
The location of all access roads and other roads adjoining the property.
J.
The location and inclination of all slopes created by the mining
or excavation, including proposed finished grades of the mined area.
K.
Description and details of proposed rehabilitation, creation of approved
lake, stabilization and reforestation of the mined area.
[Amended 10-25-2004 by Ord. No. 2004-21]
L.
Description and details of proposed safety measures to be taken during
operations to eliminate unsafe and hazardous conditions, extensive
erosion and ponding of water.
N.
The appropriate fee required by this chapter.
O.
Landowner's consent.
P.
Approximate location of residential dwellings, where existing. If
no dwellings and/or wells exist within a one-half-mile radius of the
proposed mining area, a note on the map should so state.
[Amended 10-25-2004 by Ord. No. 2004-21]
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, 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 and 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 for
the remainder of the then-current year may, at the direction of the
Township Committee, be granted under the terms and conditions of this
chapter.
[Amended 10-25-2004 by Ord. No. 2004-21]
In the event that the Township Committee rejects or refuses
to grant an application for a license, it shall deduct from the application
fee all costs, including but not limited to legal and engineering
costs incurred by the Township in review and consideration of the
application. All such monies shall be and remain municipal funds for
the use and benefit of the Township. Any balance remaining shall be
remitted to the applicant.
No application will be considered and no license will be granted
until the owner or applicant, if other than the owner, produces satisfactory
proof that all taxes have been paid on the lands comprising the site
of the proposed operation and for which a license under this chapter
is sought.
[Amended 7-13-1981 by Ord. No. 10-81; 10-25-2004 by Ord. No. 2004-21; 11-16-2015 by Ord.
No. 2015-18]
A.
All licenses issued under this chapter shall expire on December 31
of the fifth year.
B.
All licensees that fail to comply with the requirements of this chapter
which include, but are not limited to, paying taxes, and any and all
other requirements of this chapter, shall be subject to the revocation
or suspension of that license, provided that the municipality shall
provide notice, in writing, of any alleged chapter compliance failure,
and the licensee shall have 60 days to remedy any alleged deficiency.
If the licensee fails to remedy the alleged noncompliance within 60
days of receipt of the notice of the deficiency, the licensee may
have its license suspended or revoked.
[Amended 10-25-2004 by Ord. No. 2004-21]
A license issued under this chapter may be renewed under the
following conditions:
A.
If the appropriate fees for such license are tendered with the application.
B.
If the applicant has not permitted or suffered a condition which
would violate this chapter to go uncorrected.
C.
If the applicant submits the information and a map or maps as described in § 131-5 of this chapter. Said maps should reflect the proposed changes in elevation and other topography as a result of the mining or excavation during the renewal period.
D.
If 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.
E.
If all current taxes on the site for which license renewal is sought
have been paid.
F.
If the applicant is not in violation of any state, county or municipal
law, ordinance or health regulation as a result of any activity or
operation under this chapter.
G.
If the applicant is in compliance with the requirements for insurance under § 131-13 of this chapter.
H.
If the applicant is in compliance with the requirements for a bond under § 131-12 of this chapter.
I.
If all fees and charges due the Township as a result of operations
by the applicant under this chapter have been paid.
[Amended 10-25-2004 by Ord. No. 2004-21]
An applicant for renewal of a license hereunder shall make application
for renewal sufficiently prior to 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.
[Amended 11-16-2015 by Ord. No. 2015-18]
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 $3,000 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 reforested, where required,
as herein provided. This acreage calculation shall only apply to the
acreage within the active cell.
[Amended 10-25-2004 by Ord. No. 2004-21]
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.
All insurance companies submitting a bond hereunder must be authorized
to do business in New Jersey and have an AAA rating. The licensee,
as part of its annual status report, during the term of the license,
shall submit to the Township an updated certification of insurance
demonstrating that the insurance company remains in business. Failure
to submit such an updated insurance certificate within 60 days from
the date that it is due shall be grounds for revocation or suspension
of the licensee's license.
[Added 11-16-2015 by Ord.
No. 2015-18]
[Amended 10-25-2004 by Ord. No. 2004-21; 11-16-2015 by Ord. No. 2015-18]
A.
An original application for a license under this chapter, other than
a limited license as herein provided, shall be accompanied by a certificate
of insurance reflecting the issuance of a policy of general liability
insurance to the applicant, wherein the Township and its agents and
employees are named as coinsured for damages arising under this chapter,
in an amount determined and specified by the Township Engineer, but
not less than $1,000,000/$2,000,000 for death or bodily injury and
for property damage.
B.
An application for 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 $1,000,000/$2,000,000 for death or bodily injury
and $1,000,000/$2,000,000 for property damage.
D.
All insurance companies submitting a bond hereunder must be authorized
to do business in New Jersey and have an AAA rating. The licensee,
as part of its annual status report, during the term of the license,
to submit to the Township an updated certification of insurance demonstrating
that the bonding company remains licensed to do business in New Jersey,
and the bond remains in effect. Failure to submit such an updated
insurance certificate within 60 days from the date that it is due
shall be grounds for revocation or suspension of the licensee's
license.
For the purpose of enforcing this chapter, the Township Engineer
is designated as "enforcing officer." It shall be the duty of the
Township Engineer to make physical inspections in connection with
any application for a license or renewal license hereunder and, in
addition, at least one other physical inspection at an interval of
approximately three months.
A.
In any area, location or zone in the Township of Eagleswood where
a landowner, tenant or other interested party desires to remove or
relocate soil, 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, application
may be made to the Township Committee for a license to grade the parcel
or parcels of land which will be the subject of the application.
B.
The applicant for such license shall file a written application in
triplicate therefor with the Township Clerk and one copy to the Township
Engineer and Township Planner. The applicant shall submit with the
application the following:
[Amended 10-25-2004 by Ord. No. 2004-21]
(1)
Written consent of landowner.
(2)
The necessary fee.
(3)
A written statement of how much time will be required to complete
the proposed grading of land.
(4)
Contour or other map or maps showing the present grade and the proposed
grade of the premises in question after the operation shall be 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.
The map or maps shall indicate a satisfactory method for the surface
drainage of the premises.
(5)
A written statement setting forth what, if anything, is upon the
lands, such as buildings, trees, brush or otherwise, and how the applicant
proposes to dispose of such things as are on said lands.
C.
Where the completed grade of the premises in question will be above
or below the grade of adjacent lands or lands owned by another, the
bank or banks of the applicant's lands shall be sloped off and
stabilized 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 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 Eagleswood, its governing body or Engineer that the proposed removal
would create a danger or hazard to any public highway or the property
of another or cause or be likely to cause an unsolved drainage problem,
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
is 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.
Waiver of license. The requirements of this chapter are hereby waived
on any building lot where the applicant desires to remove soil therefrom
primarily to bring the building lot substantially down to street grade
and not to sell any natural soil, sand, gravel or mineral therefrom;
and where the owner of said premises or some other person has already
secured site plan approval from the Township of Eagleswood and has
a valid building permit and paid the proper fee therefor, and which
building permit is still in full force and effect; and where the removal
of soil, sand, gravel or mineral deposits is reasonably necessary
to the proper construction or use of the proposed construction on
said premises. This section of this chapter shall not be used as a
subterfuge to avoid taking out and paying a proper license fee for
the license required.
Where the purpose of the applicant for a license under this
chapter is the excavation, sale, removal or other commercial disposition
of sand, gravel or stone and where the applicant does not contemplate
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 applicant for a license under this chapter is the removal and sale or other disposition of topsoil and where the applicant does not contemplate the purpose as set forth in § 131-16 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 Eagleswood 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 Eagleswood 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 Eagleswood, and that such topsoil shall not, in fact, be so sold
or transported.
B.
Inspection of the land and statement of the Township Engineer that
the removal of such topsoil shall not be any detrimental effect upon
the land and the adjacent properties. 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 Subsection B, 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 ensure 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 mining.
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 the within chapter shall constitute a reason for revocation of the license by the Township Committee of the Township of Eagleswood, upon notice to the applicant or owner of the land and after public hearing before the Township Committee.
A.
No license shall be granted which will permit a licensee to, and
no licensee shall:
(1)
Engage in the business referred to in §§ 131-16 and 131-17 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 has filed the same with the 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.
(2)
Either begin or continue the removal of any of said materials or
mineral deposits from any land until the license fee as elsewhere
herein provided has been paid to said Township and a license therefor
has been issued and is in full force and effect.
[Amended 10-25-2004 by Ord. No. 2004-21]
(3)
Begin to operate and engage in said business until the corners and
exterior lines of the licensed premises have been 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. The licensee shall have a licensed New Jersey
land surveyor stake and mark said area. The Township Engineer shall
examine said exterior lines and approve the same to the Township Committee.
(4)
Prevent or attempt to prevent or hinder the Township Committee or
any of its authorized employees or servants in viewing, inspecting
and examining the licensed premises at any reasonable time.
(5)
Remove or permit to be removed or obliterated any stake or marking
or boundary marker. 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.
(6)
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 or adults.
(7)
Construe his, her or its license to cover any area or parcel of land
other than the area, lot or parcel described in his, her or its license.
(8)
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.
(10)
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.
B.
No license shall be granted to conduct a business hereunder within
400 feet of an existing home, unless the owner and adult occupants
of said home are notified as provided by N.J.S.A. 40:55-44.[1]
[Amended 10-25-2004 by Ord. No. 2004-21]
[1]
Editor's Note: See now N.J.S.A. 40:55D-11 through 40:55D-16.
C.
No licensee shall so operate the licensed premises in such a manner
that any natural stream of water shall be interfered with or have
its course altered to the detriment of any other person or landowner.
No licensee shall substantially alter, change or interfere with any
natural watershed or natural surface watercourse without the approval
of the Township of Eagleswood. No licensee shall detrimentally interfere
with or affect the natural drainage of any land other than that being
licensed hereunder, nor shall cause serious erosion and sedimentation
of any stream. Proper precautions shall be taken to avoid sedimentation
of streams or watercourses.
D.
No licensee shall load or permit to be loaded at any licensed premises
any vehicle intended to be used to transport any product of the licensee
on any public highway, unless such material is covered and said vehicle
proposed to be loaded has a tight body. The purpose of this provision
of this section is to prevent any sand, gravel or other thing from
being spilled or thrown upon any public highway.
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 § 131-16 or a licensee under § 131-17 hereof shall, within 60 days of the conclusion of the mining operation, or within 60 days of having mined to planned grade as shown on the contour map filed in support of the mining application, whichever shall first occur, regrade, seed and reforest said licensed premises as hereinafter provided. The creation of an approved lake is also an acceptable reclamation method. In the event the licensee has not completed its operation 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 grade, topsoil, seed and reforest such portion or portions of the licensed area mined, stripped or denuded which no longer will be mined and doesn't interfere with mining the balance of the licensed area. Said work shall be done within 60 days of the expiration date of the aforementioned original or renewed license.
[Amended 10-25-2004 by Ord. No. 2004-21]
C.
Said licensee shall respread the overburden or topsoil over the mined
area, including slopes, to a minimum depth of four inches and capable
of supporting a cover crop. This area shall be graded, raked and seeded
with weeping love grass or other approved cover crop. Said seeding
shall be at the following rates: 10 pounds/acre weeping love grass
with 5-10-10 fertilizer 400 pounds per acre.
D.
The land shall be reforested in accordance with the following procedure
or such other procedure accepted by the Township Committee as a condition
of license approval:
(1)
After establishment of the cover (12 months after seeding), the stabilized
areas, including slopes, shall be seeded with evergreen plant seeds
native to the area at a rate of 20 pounds per acre.
(2)
Prior to commencing the reforestation and reseeding, the licensee
shall provide notice to the Township Clerk and Township Engineer five
days prior to commencement of such work. The above work shall only
be accomplished under the supervision of the Township Engineer or
other Township representative.
(3)
In any area where mining operations were carried on under a license
issued under Ordinance No. 2 of 1967,[1] and where a license is presently held under and by virtue of § 131-16 hereof, and where those portions of the mining premises that have been excavated or refilled, or partially refilled, or which are to be reworked, or are being used for stockpiling of materials either for refilling or regrading purposes or for resale by the licensee under § 131-16 of this chapter or pursuant to Ordinance No. 2 of 1967, or which comprise the actual portion of the premises upon which a mining operation is being conducted, or which have been stripped in preparation for actual mining operations, the licensee shall seed and reforest as herein provided.
[1]
Editor's Note: Ordinance No. 2-67 was a prior ordinance
on this subject which was repealed by Ordinance No. 5-74, the ordinance
which comprises this chapter.
E.
Maintenance bond.
(1)
Notwithstanding anything herein or elsewhere to the contrary, a maintenance
bond shall be maintained in full force and effect for a period of
two years beyond the date when the regrading and reseeding has been
inspected and approved by the Township Engineer. The Township Engineer
shall inspect the regrading and reseeding within 30 days of receipt
by him of written notice by the licensee or his agent that the regrading
and reseeding has been completed and file his report, indicating the
acceptance or rejection of same, with the Township Clerk, and shall
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, 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 and reseeding by the Township Engineer,
the licensee shall furnish a maintenance bond in accordance herewith.
The maintenance bond shall not be released until the reforestation
has been established to the satisfaction of the Township Committee
or said time period on the maintenance bond is extended.
(3)
The maintenance bond shall be in the amount of $2,000 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 reforestation, in
which case the Township Engineer will specify the amount of the maintenance
bond required in his/her report.
[Amended 10-25-2004 by Ord. No. 2004-21]
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 100 feet.
[Amended 10-25-2004 by Ord. No. 2004-21]
Where residential dwellings are located within 200 feet of the
boundary line of the tract to be mined or excavated, or within such
greater distance as the Township Committee may determine in a particular
case, a screening strip of trees or dense growth, or both, shall be
provided to screen the mining or excavating operation from the view
from such residential dwellings. The screening strip shall have a
minimum width of 50 feet and shall extend longitudinally along said
residential lands to screen the mining operation.
All persons engaged in excavating, mining or removal of gravel, stone, sand or other mineral substance, under § 131-17 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 to the excavation and removal of gravel, stone and/or other mineral substance, 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. Signs, fences, barricades or other suitable devices may be required along the exterior lines of the mined areas as a condition of approval and/or subsequent to said approval. The licensed area shall be marked with two-by-two-inch wooden stakes or one-inch-diameter iron pipes painted red and white, firmly implanted in the ground and extending a minimum of two feet above the ground surface.
No person engaged in 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 Eagleswood shall be authorized
to rectify the situation, and the cost of such work will be borne
by the applicant. The same will apply to drift roads passing through
or adjoining the mining area. In no event shall said roads be closed,
destroyed or made impassable in any way.
Except as provided in § 131-18 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.
A.
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 to the contour
lines and grades as approved by the Township Committee.
B.
The minimum grade of slope shall be not less than four feet horizontal
to one foot vertical; provided, however, that the grade of slope shall
not commence until the appropriate setback requirements have been
met. The top of slope shall be a minimum of 25 feet from the adjoining
property lines. The depth of excavation at the toe of slope shall
be a maximum of 10 feet below the original surface. The final surface
grade of the mined area shall not exceed 10%.
C.
The above slope restrictions are not applicable to dredging operations
conducted to create a post-mining lake.
[Added 10-25-2004 by Ord. No. 2004-21]
A.
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 to be heard at a public hearing.
Nothing herein contained shall be deemed a waiver of any other recourse
available to the Township of Eagleswood, including any action at law
or equity for damages, fines, penalties or restraints.
[Amended 5-4-1979 by Ord. No. 3-79]
No owner of lands 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, the lessee, tenant,
agent, architect, builder or any other person who causes, suffers
or assists in the violation of this chapter, shall be subject to a
fine of not more than $500 or be imprisoned 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.
In addition to the foregoing, but not limited thereto, the municipality
may institute and maintain a civil action:
A.
For injunction and other equitable relief.
B.
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.
A license or limited license issued under this chapter may be
suspended or revoked by the Township Committee:
A.
Where the licensee has not paid to the Township any sum due to the
Township under this chapter.
B.
Where the licensee has failed or refused to correct a condition that
would constitute a violation of this chapter.
C.
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,
except those licenses approved prior to adoption of the Zoning Ordinance.
D.
Where the licensee fails to submit any map required under this chapter.
E.
Where the licensee has failed or refused to comply with the provisions
of this chapter relating to grading, seeding or reforestation.
F.
Where the licensee has failed to pay or caused to be paid any taxes
upon the lands covered by his or its license.
G.
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.
H.
Where the licensee has failed or refused to comply with the requirements of § 131-13 of this chapter relating to insurance.
I.
Where the licensee has failed or refused to comply with the requirements of § 131-12 of this chapter relating to bonding.
J.
Where any operation of the licensee under this chapter endangers
the person or property of adjoining landowners or other persons in
the Township.
A.
Whenever any of the enforcement officers of the Township of Eagleswood
determine 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, they shall give notice
of such alleged violation to the person or persons responsible therefor
as hereinafter provided. Such notice shall be put in writing, include
a statement of the reasons why it is being issued, allow a reasonable
time for the performance of any act it requires and 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, if a copy thereof is sent by certified
mail to his last known address, 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. 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.
B.
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions 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 that 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 16 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 sixteen-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.
C.
Service of written notice of violation shall also be deemed to be
properly served by copy thereof being mailed by certified mail, return
receipt requested, to the licensee or his agent at the address set
forth in the license application.
D.
Where a licensee or his agent requests in writing a hearing on an
alleged violation, such hearing shall be held within seven days of
the receipt of written request for such hearing by the Clerk.
A.
Whenever the enforcement officers of the Township of Eagleswood 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.
B.
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
of written request for such hearing by the Clerk.
[Amended 3-21-1996 by Ord. No. 98-8]
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:
[Amended 10-25-2004 by Ord. No. 2004-21; 7-27-2015 by Ord. No. 2015-11]
B.
Review fee for municipal consultants.
[Amended 11-16-2015 by Ord. No. 2015-18]
(2)
For a license issued under § 131-16, the sum of $1,500 up to 10 acres; the sum of $2,500 up to 25 acres and an additional sum of $1,500 for an additional 25 acres or fraction thereof.
(3)
Review and inspection fees under § 131-16 shall be as follows:
|
Acreage
|
Fees
| |
|---|---|---|
|
0 to 10 or part there of
|
$1,000 per year
| |
|
10.01 or more
|
$1,500 per year
|
(4)
For review of the annual report on nonrenewal years, $500.
(5)
Inspections fees, in accordance with the above schedule, shall be
posted with the Township Clerk or Chief Financial Officer. No mining
operations may begin prior to the posting of inspection fees.
(6)
An accounting shall be rendered to the applicant of the deposits
and charges to the account, and any excess remaining after payment
of all inspection costs shall be returned to the applicant. In the
event this escrow amount falls below $100 and additional inspections
are deemed to be necessary, as determined by the Township Engineer,
the applicant shall be required to redeposit 50% of the original escrow
amount.
(7)
Said amount shall be deposited into a special escrow account, entitled
"Soil Removal Escrow Account", and from which account any bills rendered
by the municipal consultants, such as the Township Attorney, the Township
Engineer and the Township Planner, for services related to the review
of the application, shall be paid.
(8)
An accounting shall be rendered to the applicant of deposits and
charges to the account, and any excess remaining after payment of
the municipal consultants' bills shall be returned to the applicant,
and any deficiencies shall be paid by the applicant before approval
of this application.
The Township Clerk shall mail a copy of this chapter to each
owner of property now being mined and to each operator of said mining
operation in the Township of Eagleswood in order that such licensee
may know and be advised what he must do before his business license
may be taken out pursuant to this chapter.
The license issued under this chapter is not transferable, and
the holder of the license shall be solely responsible for the provisions
specified in this chapter.
