As used in this chapter, the following words, terms and phrases
shall have the following meanings:
ADMINISTRATIVE OFFICER
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]
DEVELOPER
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.
ESTABLISHED GRADE
The contour of the land as it exists prior to the proposed
excavation or operation.
EXCAVATE or MOVE
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.
LAND or LOT
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.
MINING
A process involving the removal of sand, clay, soil, gravel,
humus, peat and other organic or mineral materials.
OPERATIONAL FACE
The end of a working excavation, determined at the end of
each and every workday.
PERSON
An individual, firm, association, partnership or corporation,
or any group of two or more of them, or anyone acting in behalf of
said person.
PROPERTY OWNER
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.
SOIL
Subsoil and topsoil.
SUBSOIL
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.
TERMINATION
The cessation or abandonment of mining operations.
A.
The following elements, among others, shall be considered in
determining whether an operation shall have been abandoned:
(2)
Passage of time since last usage.
B.
Mining shall also be deemed to be terminated in any mining operation
or portion thereof where, as a result of the application of the terms
of this chapter, any further mining operations are prohibited.
TOPSOIL
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.
WOODED AREAS
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.
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.
(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.
O. Phasing plan as required in §
572-8.
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.
Nothing in this chapter shall be deemed to modify or repeal
any of the provisions of the Subdivision Ordinance or the Zoning Ordinance of the Township of Hamilton or any other ordinance of
the Township of Hamilton.