[HISTORY: Adopted by the Township Council of the Township
of Hamilton as Ch. 170 of the 1994 Code of Ordinances. Amendments
noted where applicable.]
A.
The Council of the Township of Hamilton finds and determines that the unregulated and uncontrolled grading of land, relocation, filling, excavation and removal of soil on a large scale for the sale of or use other than on the premises has resulted or may result in conditions detrimental to the public safety, health and general welfare, substantially hampering and deterring the efforts of the Township of Hamilton to effectuate the general purpose of municipal planning. The Land Development Ordinance, Chapter 550 of the Code of the Township of Hamilton, specifically prohibits mining within the Township of Hamilton.
B.
The Council of the Township of Hamilton determines that the mining
of existing sand banks, sand pits, clay banks, clay pits, gravel pits
or other mineral deposits may now or in the future constitute a hazard
to public health, safety and welfare, and pollution of the environment
and that it is, therefore, vitally important that the Township protect
the interests of its citizens from dust, noise, pollution, the danger
of deep pits and to conserve needed topsoil in the Township.
As used in this chapter, the following words, terms and phrases
shall have the following meanings:
The Director of Community and Economic Development of the
Township of Hamilton, Mercer County, New Jersey.
[Amended 4-7-2020 by Ord.
No. 20-015]
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other persons
having an enforceable proprietary interest in such land.
The contour of the land as it exists prior to the proposed
excavation or operation.
To dig, remove, move, deposit, fill, grade, regrade or level
the soil or otherwise alter or change the contour of land or to transport
soil to or from such operation. This shall not be construed to include
plowing, spading, cultivating, harrowing or any other operation usually
and ordinarily associated with tilling of the soil for agricultural
or horticultural purposes.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A process involving the removal of sand, clay, soil, gravel,
humus, peat and other organic or mineral materials.
The end of a working excavation, determined at the end of
each and every workday.
An individual, firm, association, partnership or corporation,
or any group of two or more of them, or anyone acting in behalf of
said person.
The person owning fee interest or the person in whose name
the legal title to the property appears by deed duly recorded in the
office of the County Clerk of Mercer County, or the person in possession
of the property or buildings under claim of or exercising acts of
ownership over the same for himself or as the executor, administrator
or guardian of the property.
Subsoil and topsoil.
All soil usually found lying beneath the top layer of soil,
be it sand, silt, gravel, clay, boulders, stone, aggregate, dirt,
other mineral deposits, or a combination of one or more of the foregoing.
The cessation or abandonment of mining operations.
Arable soil. Topsoil shall be a mealy loam which is comparatively
free from objectionable weeds. Topsoil shall have a minimum organic
content of not less than 2.75% by weight. Topsoil shall contain no
stones, clumps or similar objects larger than one inch in any dimension
and shall have a pH value of not less than 5.8 nor more than 6.5.
The gradation of the topsoil shall consist of the following limits:
sand, 40% to 80%; silt, 10% to 30%; and clay, 10% to 30%. All topsoil
shall be capable of supporting vegetation.
Areas containing numerous trees having attained a diameter
of four inches at a height of four feet, diameter breast height, from
the ground, as determined by the administrative officer.
The only materials which may be removed under this chapter are
sand, gravel and soil.
No person shall conduct any nonconforming mining operation or
permit any mined premises, the operation of which has been terminated,
to remain in the Township of Hamilton, except as may be in conformity
with the provisions of this chapter.
The following are exceptions to this chapter and shall not be
construed to be operations as covered under provisions of this chapter:
A.
On-site excavations for purposes of construction not exceeding 500
cubic yards, confined within an area of 3,600 square feet.
B.
On-site excavation and grading for yards, sidewalks, drainage ditches,
sewage disposal systems or other minor yard improvements.
C.
New streets, roadways and driveways where regulated by other ordinances.
D.
Excavations made by Hamilton Township, the County of Mercer or the
State of New Jersey for public improvements, such as streets, highways,
drainage, sewers or other similar projects. It is intended to include
in this exception private contractors working under contract for any
of these governmental units.
E.
Underground utility lines within the bounds of the public right-of-way.
F.
Excavation in connection with development approved by the Planning
Board or the Zoning Board of Adjustment of the Township of Hamilton
under its site plan review or subdivision approval authority; provided,
however, that such excavation is necessary for the reasonable development
of the approved premises.
On or before March 1 of each and every calendar year in which
any person conducts or will conduct any mining, said person shall
file an application and pay a fee for operation in the Township of
Hamilton, such fee to be set in the manner and amount set forth herein.
A.
License fee. Along with the application there shall be deposited with the administrative officer a license fee as set forth in Chapter 215, Fees, of the Township Code.
B.
Permit fee. There shall be no permit fee when 500 cubic yards or less of soil are to be removed. All excavation in excess of 500 cubic yards shall carry a permit fee as set forth in Chapter 215, Fees, of the Township Code per cubic yard of material removed. This fee is in addition to the above license fee.
(1)
Said fee shall be payable to the Township quarter-annually, as follows:
Soil removed during the first quarter period shall be payable in advance
and shall be based upon the estimated amount of soil to be removed
during the quarter, in accordance with map and other exhibits filed
with the application and as determined by the Township Engineer. The
initial advance payment for the first quarter shall be subject to
adjustment upon determination and certification of the actual volume
of soil removed for said period by the Township Engineer.
(2)
All following quarter-annual payments shall be based upon the volume
of soil removed during the previous quarterly period, as determined
and certified by the Township Engineer.
(3)
The applicant shall by the 10th of each month furnish the administrative
officer with a certification by a licensed professional engineer of
the quantity of soil removed during the previous month, said certification
to be accompanied by all receipts for soil removed. Nothing in this
provision is to be construed to mean that the certification so requested
and furnished shall be determinative of or exclusive evidence of the
quantity of soil removed. All payments after the initial quarterly
payment in advance shall be due and payable upon certification. Failure
to make payment in accordance with this provision shall be grounds
for revocation.
A.
For all applications concerning sites greater than 10 acres, a phasing program developed by the applicant shall be submitted to and subject to the approval of the administrative officer. Each phase shall be considered a distinct mining operation, the parameters of which are defined by area and time. Phases shall not in any way overlap. No one phase is to exceed five acres, and at no time shall work proceed in any one phase until work in all preceding phases is deemed complete by the administrative officer. A phase is deemed complete and the use terminated when final grading, site cleanup and site rehabilitation is performed per § 572-13. Consecutive phases must share at least one common boundary.
Application for a mining permit shall be filed with the administrative officer and shall be accompanied by the fee prescribed in § 572-7. Ten copies of the application shall be made, and the application shall set forth the following under oath:
A.
The name and address of the applicant.
B.
The name and address of the owner, if other than the applicant.
C.
The interest of the applicant in the lands in question.
D.
The description and location of the land in question, including the
Tax Map, block and lot numbers.
E.
The purpose or a description of the type of mining operation involved,
including the material actually excavated, which is the final product
of said mining operation.
F.
The location, kind and quantity, in cubic yards, of soil to be removed
during the license year; the location, kind and quantity, in cubic
yards, of soil proposed to be removed over the overall life of the
entire site.
G.
The place to which the soil is to be moved and what roads within
the Township are to be used to transport soil.
H.
The proposed dates of commencement and completion of the work, said
completion date in no event to exceed seven years from the date of
approval of the application.
I.
The name, address and telephone number of the person having direct
charge or supervision over the soil removal operation.
J.
A statement certified by a professional engineer shall be provided,
describing equipment used directly or indirectly in the mining operation
and whether or not said mining operation is conducted above or below
any groundwater level.
K.
At the time the application is filed, the applicant shall furnish
10 copies of a topographical map and cross sections of the lands in
question. Both the topographic map and cross sections shall be prepared
and certified by a licensed professional engineer or licensed land
surveyor. The topographic map shall be prepared at a scale of not
more than 100 feet to the inch with minimum contour intervals of one
foot and shall show the following:
(1)
The present grades on a one-hundred-foot-grid layout.
(2)
The proposed finished grades.
(3)
The quantity, in cubic yards, of the soil to be removed.
(4)
The grades of all streets and lots within 200 feet of the property
in question.
(5)
Existing floodplains, brooks, streams or bodies of water within 500
feet of the property in question.
(6)
The location and depth to water surface of any and all wells and
septic systems within 1,000 feet of the site.
(7)
Proposed slopes and lateral supports.
(8)
Present and proposed surface water drainage.
(9)
All property boundaries.
(10)
Designated area for soil storage.
(11)
All man-made structures on the site and within 200 feet of the
site.
(12)
All existing trees on the site with a four-inch caliper or greater.
(13)
Cross sections shall be made every 10 feet starting beyond the
limits of excavation. Each cross section shall show the present grades,
limits or proposed excavation and proposed finished grades.
L.
Approvals as may be required by all federal, state, county or regional
authorities, including but not limited to Soil Conservation District
approval and Department of Environmental Protection approval.
M.
Environmental impact statement, including plans for reclaiming the site as required in § 572-13. The statement should also include the following:
(1)
An inventory of existing environmental conditions at the project
site and in the surrounding region, which shall describe air quality,
water quality, water supply, hydrology, geology, soils, topography,
vegetation, wildlife, aquatic organisms, ecology, demography, land
use, aesthetics, history and archaeology; for housing, the inventory
shall describe water quality, water supply, hydrology, geology, soils
and topography.
(2)
A project description, which shall specify what is to be done and
how it is to be done during construction and operation.
(3)
A listing of all licenses, permits or other approvals as required
by law and the status of each.
(4)
An assessment of the probable impact of the project upon all topics described in Subsection M(1).
(5)
A listing of adverse environmental impacts which cannot be avoided.
(6)
Steps to be taken to minimize adverse environmental impacts during
construction and operation, both at the project site and in the surrounding
region.
(7)
Alternatives to all or any part of the project with reasons for their
acceptability or nonacceptability.
(8)
A reference list of pertinent published information relating to the
project, the project site and the surrounding region.
N.
Soil borings. The applicant shall obtain soil borings and groundwater
determinations at the rate of one for every one acre of land uniformly
distributed over the site. The borings shall extend to a point at
least 10 feet below the lowest proposed point of excavation. The results
of the test borings shall be witnessed and certified by a licensed
professional engineer and submitted with the application. The applicant
shall notify the administrative officer at least 48 hours prior to
his commencement of the boring, and the administrative officer or
his representative shall be permitted to be present to witness the
borings or verify any information obtained therefrom. The persons
performing said borings shall cooperate in obtaining such additional
information as the Township Engineer shall reasonably request and
shall take such additional borings at the time as he may direct.
A.
The owner of the mined premises shall notify the administrative officer
in writing within 30 days of the termination of all mining operations
or any phase thereof.
B.
At such time, an as-built plan shall be provided with the information set forth in § 572-9K. In addition, the use associated with said phase or phases of the operation shall be deemed permanently terminated at that time.
C.
Upon written request by the administrative officer, the owner of the mined premises shall file a statement under oath with the administrative officer, stating that the mining operation of a premises or portion of same has been terminated. In the event same is not filed within 30 days after delivery of said request pursuant to this section, the mining operation of said premises or portion thereof shall henceforth be deemed terminated. The said written request may be hand-delivered or mailed, certified mail, return receipt requested, to any of the following addresses: the actual address of the owner of the premises, the address appearing on the most recent information submitted to the administrative officer pursuant to § 572-9B, or to the registered agent if the owner is a corporation.
A.
Appearance. Permitted excavations shall be operated in a neat and
orderly manner, free from junk, trash, trade waste or unnecessary
debris. Buildings shall be maintained in a sound condition, in good
repair and appearance. Weeds shall be cut as frequently as necessary
to eliminate fire and health hazards. Salvageable equipment stored
in a nonoperating condition shall be suitably garaged.
B.
Control of operations. Permitted excavations shall be operated so
as to reduce dust to a minimum. Unless otherwise specified, operations
shall be conducted in accordance with the following standards:
(1)
Access roads shall be maintained in a dust-free condition. In order
to minimize dust, access roads shall be paved in accordance with Township
specifications. Access roads shall be thusly improved to a width of
24 feet from public thoroughfares to a point not more than 100 feet
from the point at which haul vehicles are being loaded. Areas used
for the movement of haul vehicles and mobile equipment closer than
100 feet to the point at which haul vehicles are being loaded shall
be finished with a bituminous asphalt surface at least two inches
thick and a base of stone macadam designed to prevent failure of the
road.
(2)
The Township shall require the operator of any mining operations
to enter into an agreement whereby the operator or contractor shall
repair and maintain any Township roads which suffer damage as a result
of the mining operation or by its vehicles passing over Hamilton Township,
county and state roads in connection with the mining operations.
(3)
Bulldozing, digging, scraping and loading of excavated materials
shall be done in a manner which reduces to the minimum level possible
the raising of dust.
(4)
Speed limits of vehicles used by operators shall at all times be
observed. Continual violations shall be considered cause for suspension
of a mining permit.
(5)
Any operable equipment stored overnight shall be rendered inoperable.
(6)
Traffic control. If more than 50 truckloads of material are to be
removed from the site during any weekday and if more than 25 truckloads
of material are to be removed from the site during any Saturday, the
applicant is required to provide a special police officer to direct
traffic at all authorized site entrances.
C.
Noise and vibration. Noise and ground vibration shall be reduced
to a minimum. To achieve this, loading points shall not be located
closer than 200 feet to any property line. In addition, a berm at
least 10 feet in height and landscaped shall be placed between the
property line and all mining activities.
D.
Observation well. One cased observation well will be constructed
on site and extend 200 feet below grade or to the potable water supply
aquifer, whichever is at a higher elevation. Samples and measurements
will be taken from the well and analyzed by a certified testing laboratory
prior to the issuance of the special permit and when required to demonstrate
no degradation to the groundwater quality or change to the groundwater
elevation. In addition, monthly samples shall be similarly taken and
certified to the administrative officer to determine that water level
quality is not being adversely affected by the mining operation.
E.
Protection of streams and water-bearing strata. All permitted excavations
shall be conducted in a manner so as to keep adjacent streams, percolation
ponds or water-bearing strata free from undesirable obstruction, silting,
contamination or pollution of any kind. To accomplish this, the following
may be required and shall be documented by detailed drawings and specifications
prepared by a licensed professional engineer and shall be submitted
at the time of application:
(1)
Settling ponds or levees or other barrier and drainage structures
in order to prevent silting of any river, creek, stream or natural
or artificial drainage channel.
(2)
Levees or other devices in order to prevent flooding of excavations
and lands beyond the excavations which may become subject to flooding
by reason of the excavation.
(3)
No excavation below the water table.
(4)
Restricted excavation in the natural or artificial drainage channel
or floodplain when such excavation may result in the deposit of silt
therein.
(5)
No excavations within 500 feet of any private or public water supply
wells or any disposal system.
F.
Modification of requirements. If at any time during the excavation
operation groundwater, springs or other water or drainage conditions
are encountered whereby a change in the plan with respect to the proposed
finished grade, drainage facilities or other changes are desired or
necessary in order to not result in conditions adversely affecting
the property or adjoining property owners or Township roads or county
roads or other public facilities, such changes, additions or requirements
as imposed by the administrative officer shall be complied with, subject
to the concurrence and approval of the Township.
G.
Finished grades. The owner or person in charge will so conduct the
operations that the removal of said soil shall not be below the finished
elevations shown on the approved plan. All finished grades on the
premises shall be no lower than the highest elevation in the center
line of any public road abutting the premises and no lower than the
highest elevation at any point on the property line of the premises.
H.
Setback of cut slopes from property lines. Unless specifically approved
by the administrative officer, open cut slopes shall in no case be
closer than 200 feet to any exterior property line or closer than
200 feet to any buildings or closer than 200 feet to the top of the
bank of any stream channel or closer than 200 feet to the right-of-way
of any street, roadway or alley which is an existing public right-of-way
or Township-, county- or state-maintained road or official plan line
or future width line of a county road, unless otherwise approved by
the administrative officer.
I.
Screen plantings.
(1)
All mining operations shall maintain a protective buffer zone, which
shall consist of a strip of land a minimum of 25 feet in width along
the perimeter of the property line and within the two-hundred-foot
setback. The buffer zone shall remain undisturbed throughout the mining
operation and shall include a ten-foot-high landscaped berm. Under
no circumstances shall any future mining take place within 200 feet
of a public road and/or below the grade of said road.
(2)
Throughout the existence of the mining operation, whenever the mining
operation has a common property line with developed property in another
use, there shall be installed and maintained or cultivated either:
(a)
Natural woody vegetation screens to a width of at least 25 feet
along said common property line; or
(b)
A screen of evergreen shrubs or trees maintained at a height
of at least six feet to a width of at least 10 feet along said common
property line. Evergreen shrubs or trees shall be a minimum of five
feet to six feet in height at time of planting and shall include,
but not be limited to, the following plant species:
(3)
The administrative officer shall approve all items to be installed
or cultivated and may submit the landscape proposal to the Environmental
Commission for review.
J.
Blasting. Blasting shall not be permitted in conjunction with any
permit issued under this chapter.
K.
Liability insurance. Every operator or owner shall deliver to the
administrative officer a public liability insurance policy in limits
fixed by the Township Engineer and form approved by the Township Attorney
against liability arising from any such operation or activities incidental
thereto during the period of such operation. The insurance policy
shall name the Township of Hamilton as co-beneficiary.
L.
Erosion on roads. The owner or operator shall construct and maintain
an earth bank or berm and do whatever is necessary to prevent any
erosion that may occur from being carried onto public roads and watercourses
or property of others during the extent of the removal operation.
M.
Fences. In the case of any open excavation more than 10 feet deep,
there shall be a fence approved by the administrative officer with
suitable lockable gates completely enclosing the portion of the property
on which the excavation is located, and such fence shall be located
at all points 40 feet or more distant from the edge of such excavation.
N.
Survey monuments and setback lines. The property lines shall be adequately
defined by survey monuments and easily visible markers so that requirements
for keeping the excavation back from property lines can be checked
by visual observation.
O.
Bench marks. Bench marks and reference points as approved by the
Township Engineer shall be established, indicating existing grades,
so that amount, depth and extent of excavations can be monitored on
a daily basis.
P.
Pooled water. Except in an approved detention or retention basin,
pooled water shall not be permitted to remain on the site longer than
48 hours.
A.
There shall be stockpiled on the site the equivalent of not less
than six inches of topsoil necessary as final cover over the current
phase of the operation, which must be composed solely of the site's
original top layer of soil or its equivalent as determined by the
Township Engineer.
B.
The administrative officer shall require that stored soil and other
denuded areas be seeded according to recommendations by the Township
Engineer.
C.
The excavator shall minimize compaction of all soil intended to support
plant growth.
D.
The administrative officer shall require special soil erosion and
sedimentation control measures during any period of inactive operations.
A.
Rehabilitation of site. Before a permit is granted, a plan for rehabilitation, showing both existing and proposed final contours, shall be submitted and subject to the approval of the administrative officer. In addition, a performance guaranty shall be submitted and approved in accordance with § 572-14. After any operation the site shall be made reusable for a use permitted in the zoning district wherein the operation is situated. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises after the operation. The area shall be brought to final grade by a layer of topsoil not less than six inches thick, capable of supporting vegetation. Fill shall be of suitable material approved by the Township Engineer.
B.
Trees, stumps, brush, limbs, debris, trade waste or trash shall not
be buried on the property, and any such material shall be removed
from the property and shall promptly be suitably disposed of off the
site at a properly licensed landfill or other designated site. The
location of such disposal site shall be filed with the administrative
officer in writing prior to such removal. The administrative officer
shall specify the particular routes and roads which are to be utilized
by the applicant's trucks when hauling the excavated material from
and returning to the site.
C.
As many trees as practicable shall be preserved; regrading around
tree roots shall be avoided where practicable, pursuant to a plan
approved by the administrative officer.
D.
If in the judgment of the Township Engineer soil has been heavily
compacted, it must be loosened to a depth of 18 inches.
E.
Disturbance of wooded areas that may be adversely affected requires
an approval of the administrative officer.
F.
Upon termination of a mining operation, the surface of the premises
shall be left in a condition which provides for adequate drainage
so as to prevent water pockets or undue erosion. All grading and drainage
shall be such that natural stormwater leaves the premises at the original
flow rate and at the natural drainage points and that the area drained
to any one point is not increased. All areas shall be adequately limed,
fertilized and grass-seeded with New Jersey No. 4 grass or its equivalent
approved by the Township Engineer or shall be planted with coniferous
evergreens spaced approximately six feet on center and a minimum of
five feet to six feet in height, provided that said planting of coniferous
evergreens or grass seeding does not unreasonably interfere with the
actual prospective use of said premises.
G.
Seeding. The area of the operation shall be seeded:
(1)
Upon completion of operation; or
(2)
If the removal extends over more than one planting season (April
15 and September 15) the owner shall replace topsoil on and seed any
parts of the property upon which the excavation has been completed
to finished grade by each April 15 and September 15; the topsoil shall
be tested by a certified testing laboratory with its recommendations
to be followed as to liming, fertilizing and seeding to produce cover
crop that will prevent soil erosion.
H.
Acid soil (generally a pyrite-bearing material). In order to provide
suitable conditions for growth of vegetation and to prevent the acidifying
of drainage water with resultant damage and destruction to aquatic
life in those areas underlain with acid formations with pH below 4.0,
the following requirements shall be met:
(1)
Grading shall be such that a minimum of acid formation shall be exposed.
(2)
All exposed acid material shall be covered with a minimum of two
feet of nonacid soil suitable for plant growth, including six inches
of topsoil as defined herein.
(3)
Brooks and ditches with acid formation exposed shall be surfaced
with trap rock or other suitable material to prevent water from flowing
in contact with the acid material.
A.
Before issuance of any permit, the owner(s) shall submit in cash
an amount equal to 120% of the cost required that, in the opinion
of the Township Engineer, will secure the rehabilitation of the site
in accordance with the plan specified above. The form of guaranty
shall be approved by the Township Attorney and shall run for the same
time as the term of the special permit. In the event of default on
the part of the owner or operator, the guaranty shall be used by the
Township to pay the cost and expense of obtaining completion of all
requirements.
B.
The applicant and landowner shall enter into an agreement with the
Township, which agreement shall embody all the requirements of this
chapter and shall include, among other things, the period of time
during which this permit shall be effective and the procedure to be
followed for the renewal of said permit and any other matters affecting
performance under this chapter. The permit shall not be transferable
without the express approval of the administrative officer.
Issuance of a permit pursuant to this chapter shall confer upon
the Township or its designees the right to enter upon the land and
premises at any time in order to accomplish and establish the objectives,
policies and procedures herein set forth.
Nothing herein contained shall relieve the holders of any mining
permit or permits from complying with the terms and conditions of
said permit or permits or an agreement pursuant to which said permit
or permits were issued.
After reasonable notice and an opportunity to be heard before
the administrative officer, the permit of any person may be revoked
or suspended for such period as the administrative officer may determine
for any violation of the terms hereof or the terms and conditions
of any permit granted hereunder.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 1-2, Violations; penalties, of the Code of the Township of Hamilton. Each day's continued violation shall be considered a separate offense.
