[HISTORY: Adopted by the Township Committee of the Township
of Winslow: Art. I, 4-13-88 as Ord. No. 0-5-88.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 40.
Zoning — See Ch. 294.
Zoning within Pinelands Area — See Ch. 296.
[1]
Editor's Note: This ordinance also repealed former Ch. 179, Natural Resources, adopted 10-26-77 as Ord. No. 0-23-77 as Ch. 44A of the 1970 Code of the Township of Winslow, as amended, with the exception of former §§ 179-3A(5) and B; 179-4A, B, C and D; and 179-7. See §§ 179-21 through 179-23 for the text of those provisions not repealed.
[Adopted 4-13-88 as Ord. No. 0-5-88]
This Article may be known and may be cited as the "Winslow Township
Resource Extraction Ordinance."
For the purpose of this Article, unless a different meaning
clearly appears from the context, the following words shall be defined
to include and to mean the following:
The Township Committee of the Township of Winslow.
The impact on the environment which results from the incremental
impact of the action when added to other past, present and reasonably
foreseeable future actions.
Includes:
Direct effects, which are caused by the action and occur at
the same time and place.
Indirect effects, which are caused by the action and are later
in time or farther removed in distance but are still reasonably foreseeable.
Indirect effects may include growth-inducing effects and other effects
related to induced changes in the pattern of land use, population
density or growth rate and related effects on air and water and other
natural systems, including ecosystems.
"Effects" and "impacts" as used in this Article are synonymous.
"Effects" include ecological, aesthetic, historic, cultural, economic,
social or health, whether direct, indirect or cumulative. "Effects"
may also include those resulting from actions which may have both
beneficial and detrimental effects, even if, on balance, the permittee
believes that the effect will be beneficial.
The Executive Director of the Pinelands Commission.
[Added 3-25-14 by Ord. No. O-2014-006]
A lot or lots which are, at the time of adoption of this
Article, being extracted as part of the regular business of the permittee,
and shall include the entire tract of land on which the permittee
has a valid permit currently in effect. Adjacent and/or contiguous
land not presently under permit shall not be considered an existing
resource extraction operation.
[Amended 4-12-89 by Ord. No. 0-21-89]
Any parcel of land or portion thereof, the boundary lines
of which can be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Township of Winslow
or in the office of the Camden County Register of Deeds.
One who is issued a permit or a renewal permit under the
terms hereof.
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
One (1) or more lots or contiguous parcels of land in single
ownership, which ownership can be ascertained by reference to the
maps and records, or either, in the office of the Tax Assessor of
the Township of Winslow or in the office of the Camden County Register
of Deeds.
Both surface (topsoil) and subsoil, and shall include dirt,
stone, gravel, sand, humus, clay, loam, rock, ilmenite and mixtures
of any of these.
[Amended 3-22-89 by Ord. No. 0-16-89; 8-23-89 by Ord. No. 0-40-89]
The Township of Winslow, Camden County, State of New Jersey.
The Municipal Clerk of Winslow Township or his designee.
[Amended 4-12-89 by Ord. No. 0-21-89]
The Township of Winslow finds that for the public health, safety
and general welfare of its citizens, all resource extraction operations
are now prohibited throughout the Township of Winslow. The prohibition
set forth in this section shall not apply to any Existing Resource
Extraction Operation. Any Existing Resource Extraction Operation may
continue to operate within the Township of Winslow, except that any
renewal permit for any Existing Resource Extraction Operation shall
be subject to the applicable licensing and regulating requirements
set forth herein.
[Amended 3-22-89 by Ord. No. 0-16-89; 8-23-89 by Ord. No. 0-40-89]
No person or owner shall cause, allow, permit or suffer any
excavation for the removal of soil or otherwise remove soil for sale
or for use other than on the premises from which the soil shall be
taken without first having obtained a permit therefor approved by
the Committee. Said permit or a true copy thereof shall be conspicuously
posted and displayed on the entrance to the premises. Notwithstanding
the above, the extraction or mining of soil, other than sand, gravel,
clay and ilmenite, is prohibited in the Pinelands Area.
[Amended 3-25-14 by Ord. No. O-2014-006]
Before the issuance or renewal of a permit, the applicant shall
make application therefor to the office of the Township Clerk and
furnish in said application and accompanying documents the following:
A.
The name and address of the applicant; if the applicant is a partnership,
the partnership name and business address, together with the names
of all partners and their residential addresses; if the applicant
is a corporation, the name of the corporation, the place of business
of such corporation, the date and state of incorporation, the names
and addresses of all officers and the positions held in such corporation,
together with the names and addresses of all directors of such corporation,
the names and addresses of all stockholders holding ten percent (10%)
or more of the stock of the corporation and the name and address of
the legal representative of the corporation.
B.
The name and address of the owner or owners of the premises involved;
if the owner or owners are a partnership, then the partnership name
and business address and the names of the partners, together with
their residential addresses; if the owner is a corporation, the name
of the corporation, its place of business, the date and state of incorporation,
the names and addresses of all officers and the positions held in
the corporation, the names and addresses of all directors, the names
and addresses of all stockholders holding ten percent (10%) or more
of the stock of the corporation and the name and address of the legal
representative of the corporation, if any.
C.
A detailed description of the premises and its location, together
with the Winslow Township Tax Map plate, block and lot number or numbers
where the excavation or soil removal is to be conducted.
D.
A map of the premises for which the permit is sought, showing the
existing topographical contour lines of the land involved and abutting
lands and roads within three hundred (300) feet, together with a copy
of the United States Geological Survey quadrangle sheets showing topographical
information within one (1) mile of the premises; the proposed topographical
contour grades which will result from the intended soil removal; all
roads and buildings, streams and bodies of water within three hundred
(300) feet of the premises: the names and addresses of adjoining landowners
within three hundred (300) feet; existing water drainage conditions;
all wooded areas; the limit of the area or areas on the premises within
which the soil operations or removal is to be conducted and the dimensions
of the premises or lot: the existing elevations of the lands, buildings,
structures, streets, streams, bodies of water and watercourses on
the premises or lot and the proposed final elevations at each point
where existing elevations are shown on the map which are to be changed
as a result of completion of the proposed work; the proposed slopes
and lateral supports at the limits of the areas, upon completion of
the excavations and soil removal operations; the proposed provisions
and facilities for water drainage: and an accurate cross section or
sections showing the location or locations and quantities, in cubic
yards, of soil to be removed. The map shall be prepared by a licensed
engineer of the State of New Jersey.
E.
If the owner is not the applicant, written consent of the owner to
the application and proposed excavation and soil removal shall be
submitted with the application as well as a statement of the relationship
between the owner and the applicant.
[Amended 3-25-14 by Ord. No. O-2014-006]
F.
Plans showing the place or places where the entrances or exits to
the excavation or area of soil removal operation fences or buildings
are to be located.
G.
A statement of the type of equipment and apparatus to be used in
the excavation and soil removal operations.
H.
A statement that the hours of operation will not exceed 6:00 a.m.
to 6:00 p.m. Monday through Saturday. Such restriction shall apply
only to the entering and/or exiting of trucks but shall not be applicable
to any on premises mining process equipment such as pumps, conveyors,
loaders, and dredges unless the township committee finds that the
extraction operation is within one thousand (1,000) feet of any existing
residential premises at time of approval.
[Amended 4-12-89 by Ord. No. 0-21-89]
I.
Proof of liability insurance coverage in amounts of not less than
one million dollars ($1,000,000.) total for each accident causing
personal injury and five hundred thousand dollars ($500,000.) for
property damage for each accident. If available and economically feasible,
specific environmental cleanup insurance shall be purchased by the
applicant with limits to be set by the Committee. This requirement
may be waived or otherwise reduced by the Committee upon request.
[Amended 4-12-89 by Ord. No. 0-21-89]
J.
The applicant's best estimate of the total cubic yards of soil
to be removed pursuant to the permit.
[Amended 4-12-89 by Ord. No. 0-21-89]
K.
The applicant's best estimate of the period of time for which
the excavation or soil removal operations will be conducted and the
removal completed.
[Amended 4-12-89 by Ord. No. 0-21-89]
L.
(Reserved)
[Repealed 4-12-89 by Ord. No. 0-21-89]
M.
(Reserved)
[Repealed 4-12-89 by Ord. No. 0-21-89]
N.
Any application filed for approval of resource extraction operations
in the Pinelands Area shall also include the following information:
(1)
The applicant's name and address and his interest in the subject
property;
(2)
The owner's name and address, if different from the applicant's
and the owner's signed consent to the filing of the application;
(3)
The legal description, including block and lot designation and street
address, if any, of the subject property;
(4)
A description of all existing uses of the subject property;
(5)
A brief written statement generally describing the proposed development;
(6)
A USGS Quadrangle map, or copy thereof, and a copy of the municipal
tax map sheet on which the boundaries of the subject property and
the Pinelands management area designation and zoning designation are
shown;
(7)
A topographic map at a scale of one (1) inch equals two hundred (200)
feet, showing the proposed dimensions, location and operations on
the subject property;
(8)
The location, size and intended use of all buildings;
(9)
The location of all points of ingress and egress;
(10)
A location map, including the area extending at least three
hundred (300) feet beyond each boundary of the subject property, showing
all streams, wetlands and significant vegetation, forest associations
and wildlife habitats;
(11)
The location of all existing and proposed streets and rights-of-way,
including railroad rights-of-way;
(12)
A soils map;
(13)
A reclamation plan which includes:
(a)
Method of stockpiling topsoil and overburden;
(b)
Proposed grading and final elevations;
(c)
Topsoil material application and preparation;
(d)
Type, quantity and age of vegetation to be used;
(e)
Fertilizer application including method and rates;
(f)
Planting methods and schedules; and
(g)
Maintenance requirements schedule;
(14)
A signed acknowledgement from both the owner and the applicant
that they are responsible for any resource extraction activities which
are contrary to any provision of this section or of the approved resource
extraction plan done by any agent, employee, contractor, subcontractor
or any other person authorized to be on the parcel by either the owner
or the applicant;
(15)
A financial surety, guaranteeing performance of the requirements
of N.J.A.C. 7:50-6.66 and 7:50-6.67 in the form of a letter of credit,
certified check, surety bond or other recognized form of financial
surety acceptable to the Pinelands Commission. The financial surety
shall be equal to the cost of restoration of the area to be excavated
during the two (2) year duration of any approval which is granted.
The financial surety, which shall name the Commission and the township
as the obligee, shall be posted by the property owner or his agent
with the township;
(16)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence
of prior approval from the Pinelands Development Review Board of the
Pinelands Commission pursuant to the Interim Rules and Regulations;
(17)
When prior approval for the development has been granted by the township, evidence of Pinelands Commission review pursuant to Section 40-42.
[Amended 3-22-89 by Ord. No. 0-16-89; 8-23-89 by Ord. No. 0-40-89]
(18)
Applications for permits on lands within the Pinelands Area.
The Township shall be in compliance with N.J.A.C. 7:50-4.2(b)6.
[Added 2-5-97 by Ord. No. 0-2-97]
O.
An environmental impact statement.
Attached to the application for a renewal of a permit shall
be an environmental impact statement, in accordance with 42 U.S.C.
§ 4331 et seq. The environmental impact statement shall
include the following:
A.
Purpose. The environmental impact statement shall provide a full
and fair discussion of significant environmental impacts. Statements
shall be concise, clear and to the point and shall be supported by
evidence that the applicant has made the necessary environmental analysis.
[Amended 4-12-89 by Ord. No. 0-21-89]
B.
Implementation. To achieve the purposes in Subsection A, applicants shall prepare environmental impact statements in the following manner:
(1)
Environmental impact statements shall be analytic rather than encyclopedic.
(2)
Impacts shall be discussed in proportion to their significance. As
in a finding of no significant impact, there should be only enough
discussion to show why more study is not warranted.
(3)
Environmental impact statements shall be kept concise.
(4)
Environmental impact statement shall include a four-season study
of the impact and effect of the operation on the environment and shall
include a twenty-year projection and impact analysis.
(5)
(Reserved)
[Repealed 4-12-89 by Ord. No. 0-21-89]
(6)
Environmental impact statements shall serve as the means of assessing
the environmental impact of proposed applicant's actions.
[Amended 4-12-89 by Ord. No. 0-21-89]
(7)
All factual representatives contained in the statement shall be under
oath or affirmation.
C.
Timing. An applicant shall commence preparation of an environmental
impact statement as close as possible to the time the applicant will
submit his application for renewal of a permit so that preparation
can be completed in time for the final renewal statement to be included
with the permit application.
D.
Writing. Environmental impact statements shall be written in plain
language and may use appropriate graphics so that decision makers
and the public can readily understand them.
E.
Recommend format. Applicants shall use a format for environmental
impact statements which will encourage good analysis and clear presentation
of the alternatives included in the proposed action. The following
format should be followed unless there is a compelling reason to do
otherwise:
(1)
Cover sheet.
(2)
Summary.
(3)
Table of contents.
(4)
Purpose of report.
[Amended 4-12-89 by Ord. No. 0-21-89]
(5)
(Reserved)
[Repealed 4-12-89 by Ord. No. 0-21-89]
(6)
Affected environment.
(7)
List of unavoidable adverse impacts.
[Amended 4-12-89 by Ord. No. 0-21-89]
(8)
List of preparers.
(9)
Index.
(10)
Appendixes (if any).
F.
Cover sheet. The cover sheet shall not exceed one (1) page. It shall
include:
G.
Summary. Each environmental impact statement shall contain a summary
which adequately and accurately summarizes the statement. The summary
shall stress the major conclusions, adverse impacts and the issues
to be resolved. The summary should normally not exceed ten (10) pages.
[Amended 4-12-89 by Ord. No. 0-21-89]
H.
(Reserved)
[Repealed 4-12-89 by Ord. No. 0-21-89]
I.
(Reserved)
[Repealed 4-12-89 by Ord. No. 0-21-89]
J.
Affected environment. The environment impact statement shall succinctly
describe the environment of the area(s) to be affected. Data and analyses
in a statement shall be commensurate with the importance of the impact,
with less important material summarized, consolidated or simply referenced.
Verbose descriptions of the affected environment are themselves no
measure of the adequacy of an environmental impact statement.
[Amended 4-12-89 by Ord. No. 0-21-89]
K.
Unavoidable adverse impacts. This discussion will include the environmental
impacts of the proposed action, any adverse environmental effects
which cannot be avoided should the proposal be implemented, the relationship
between short-term impacts on the immediate site environs and the
maintenance and enhancement of long-term productivity and any irreversible
or irretrievable commitments of resources which would be involved
in the proposal should it be implemented. It shall include discussions
of:
(1)
Direct effects and their significance.
(2)
Indirect effects and their significance.
(3)
Possible conflicts between the proposed action and the objectives
of local land use plans, policies and controls for the area concerned,
including a discussion of possible conflicts between the proposed
action and the objectives of the New Jersey Pinelands and Wetlands
Commissions.
[Amended 4-12-89 by Ord. No. 0-21-89]
(4)
(Reserved)
[Repealed 4-12-89 by Ord. No. 0-21-89]
(5)
Energy requirements and conservation potential of various alternatives
and mitigation measures.
(6)
Natural or depletable resource requirements and conservation potential
of various alternatives and mitigation measures.
(7)
Means to mitigate adverse environmental impacts.
[Amended 4-12-89 by Ord. No. 0-21-89]
L.
List of preparers. The environmental impact statement shall list
the names, together with their qualifications (expertise, experience,
professional disciplines), of the persons who were primarily responsible
for preparing the environmental impact statement or significant background
papers, including basic components of the statement. Where possible,
the persons who are responsible for a particular analysis, including
analyses in background papers, shall be identified.
M.
Appendix. If an applicant prepares an appendix to an environmental
impact statement, the appendix shall:
[Amended 3-25-14 by Ord. No. O-2014-006]
Each application for soil removal/resource extraction and/or
renewal of a permit for same shall be accompanied by a nonrefundable
application fee in the amount of five hundred dollars ($500.). Said
fee shall cover the cost of investigating and examining the application
and information therein, legal services, notices, hearings and other
processing costs.
[Amended 4-12-89 by Ord. No. 0-21-89; 11-29-89 by Ord. No. 0-47-89]
A.
In addition to the nonrefundable fee provided in § 179-7, the Township Engineer shall issue a report to the applicant and to the Township Committee ten (10) days prior to the hearing, regarding an escrow account to be provided by the applications, conducting post-application inspections pursuant to Section 179-13, to cover the costs of professional services to be engaged by the Township Committee for the purposes of reviewing applicants and issuing reports thereon. The Township Engineer's report shall include the following if the inspection is to be performed by other than the Township Engineer or a member of his staff:
[Amended 3-25-14 by Ord. No. O-2014-006]
(1)
The minimum qualifications and scope of duties of said professionals
and defining specific areas which will be addressed by each professional.
(2)
The frequency of inspections and reports which the Township Engineer feels is necessary to determine compliance with Township Ordinances pursuant to Section 179-13; provided that such inspections shall be required at least once every two (2) years during the term of any permit or renewal thereof.
[Amended 3-25-14 by Ord. No. O-2014-006]
A.
The application, other required documents and the following accompanying
documents shall be filed with the Township Clerk:
(1)
Fee.
(2)
A copy of the certificate of filing with the Pinelands Commission in accordance with § 179-5 hereof in the event that the premises is located within the Pinelands area of the township.
(3)
The report of the Township Engineer and any other professionals selected by the Committee in accordance with § 179-8 hereof.
(4)
A copy of the resolution of final approval of any other appropriate
board or agency which may be necessary.
(5)
A copy of the Camden County Soil Conservation District approval.
B.
Within ten (10) days of the receipt of all of the above-required
reports and recommendations, the Township Clerk shall fix the time,
place and date of a public hearing to be conducted by the Committee
upon the application and shall notify the applicant thereof. The public
hearing shall be held within thirty (30) days of the date of the issuance
of notice to the applicant by the Township Clerk.
C.
The applicant shall cause public notice of the application and the
time, place and date of public hearing to be published in a legal
newspaper of the township at least ten (10) days prior to the date
of the hearing. Said publication shall also indicate the premises
for which the permit is sought by plate, block and lot number, as
well as by a street address or general location. An affidavit of advertisement
shall be provided to the Township Clerk prior to said hearing.
[Amended 3-25-14 by Ord. No. O-2014-006]
A.
At the public hearing, the applicant shall have the right to present
testimony and further evidence and the Committee may receive testimony
and further evidence or information from any interested person and
reports from any township official or employee relevant to the application
and the issuance of a permit.
[Amended 4-12-89 by Ord. No. 0-21-89]
B.
In considering and reviewing the application and in arriving at its
decision, the Committee shall be guided and take into consideration
the reports and evidence adduced at the public hearing and the effect
of the issuance of the permit on the public health, safety and general
welfare and particularly, but not in limitation thereof, the following
factors:
(1)
Soil erosion by water and wind.
(2)
Drainage or sewerage problems.
(3)
The effect on the water table and/or aquifer which may be affected.
(4)
Soil fertility.
(5)
Lateral support slopes and grades of abutting roads and lands.
(7)
Land value and uses of subject parcels.
[Amended 4-12-89 by Ord. No. 0-21-89]
(8)
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the township and any
environmental impact thereon.
C.
If the Committee is of the opinion and determines that the proposed
excavations or soil removal will not have an adverse effect on the
above considerations and will not create conditions inimical to the
public health, safety and welfare and will not result in soil erosion
or fertility problems, will not adversely affect the water table and/or
existing aquifers, will not create any drainage or sewerage problems
or other conditions of danger to life, personal safety or property,
then the Committee shall by resolution, approve the application and
accompanying documents subject to such reasonable conditions or restrictions
designed to meet the engineering recommendations or other adverse
objections to the application or proposed excavations or soil removal
as the Committee may impose. If any application is so approved by
the Committee and the applicant complies with all other provisions
of this Article, and further complies with any and all conditions
imposed by the Committee within thirty (30) days of the imposition
of said conditions or within such other time limits as the Committee
may impose, then the Township Clerk, within ten (10) days thereafter,
shall issue a permit in accordance with such approval and pursuant
to the provisions of this Article. If the application is not approved
by the Committee, then the Township Clerk, within ten (10) days of
such determination, shall notify the applicant in writing of such
denial, together with the reasons therefor.
The Committee's resolution either approving or denying
the permit shall be in writing and shall set forth the Committee findings
of fact and conclusions.
[Amended 4-12-89 by Ord. No. 0-21-89]
D.
Notwithstanding anything herein to the contrary, it shall be a condition
precedent to the approval of any application or the issuance of any
permit under this Article that an application for soil removal be
first filed with the Camden County Soil Conservation District and
that the Camden County Soil Conservation District approve such soil
removal.
[Amended 3-25-14 by Ord. No. O-2014-006]
A.
The permit issued pursuant to this chapter shall be on a form approved
by the Committee, shall be signed by the Township Clerk and shall
be dated the date it is actually issued by the Township Clerk. All
permits issued hereunder, whether issued for regulated activities
within the Pinelands Areas or within the non-Pinelands Areas of the
Township, shall be for a term of four (4) years.
B.
In addition to any other requirement in this chapter regarding regulated
activities within the Pinelands Areas of the Township, all permits
issued for regulated activities within the Pinelands Areas of the
township shall be subject to the following conditions:
(1)
On an annual basis, permittees shall be required to certify, in writing,
to the satisfaction of the Committee and the Pinelands Commission
that all mining, restoration and other activities have been and continue
to be conducted in accordance with the approval permit.
(2)
If the Committee or the Executive Director of the Pinelands Commission determines that any activity deviates from an approval permit, the permittee shall be immediately notified of the deviation. The notice shall state the nature of the deviation; order the action necessary to correct it; and, set forth the date, time and location of a meeting to be held within ten (10) days of the notice, at which meeting the permittee shall present all relevant information concerning the deviation and the action taken or to be taken to correct it. The order to take corrective action shall specify any activity which must be immediately ceased to prevent direct or indirect aggravation of the deviation or to avoid a danger to the public health, safety or welfare. Such cessation shall continue until the deviation has been resolved to the satisfaction of the Committee and the Executive Director or until an agreement to resolve the deviation has been reached. Failure to resolve a deviation or to adhere to the terms and conditions of any agreement to resolve a deviation shall constitute sufficient cause for revocation of the permit pursuant to Section 179-15 of this chapter; provided that either the Committee or the Executive Director may institute proceedings for revocation of the permit. Any interested person who is aggrieved by any determination of the Executive Director may, within fifteen (15) days, appeal the Executive Director's determination to the Pinelands Commission as provided in N.J.A.C. 7:504.91(a).
[Amended 3-25-14 by Ord. No. O-2014-006]
No excavation shall be made or soil removed, nor shall any operation
be conducted, so as to violate any of the conditions set forth in
this Article after a permit is issued unless otherwise approved by
the Committee in accordance with the requirements of this chapter.
[Amended 4-12-89 by Ord. No. 0-21-89]
A.
The permittee shall permit inspection of the premises for the purpose of determining whether or not the permittee is in full compliance with its permit as well as full compliance with all applicable Ordinances, statutes, and relevant administrative rules and regulations. Said inspections of the premises shall be permitted at any reasonable time by such person or persons assigned to conduct such inspections as set forth in the Township Engineer's report pursuant to § 179-8. Such inspections may include the depth of the pit. The permittee shall pay the cost thereof, which costs shall be included as part of the escrow fee which is deposited with the township pursuant to § 179-8 hereof, or as guaranteed by the Letter of Credit.
B.
The inspector shall issue an inspection report, in writing, to both the Committee and to the permittee within ten (10) days of any inspection pursuant to Subsection A above.
C.
The inspections contemplated by this section may be conducted at
any time and as often as deemed necessary by the Township Engineer
to determine compliance with Township Ordinances and/or the conditions
of any permit issued under this chapter; provided, however, that a
mandatory inspection shall be made at least once every two (2) years
from the date of issuance of a permit or any renewal thereof.
[Added 3-25-14 by Ord. No. O-2014-006]
[Repealed 4-12-89 by Ord. No. 0-21-89]
[Amended 4-12-89 by Ord. No. 0-21-89]
Upon ten (10) days' notice and an opportunity to be heard
before the Committee, the permit of any person may be revoked or suspended
for such time or period as the Committee may determine for any violation
of the terms hereof or the terms and conditions of any permit granted
or issued hereunder.
The hearing conducted pursuant to this section shall be held
not less than ten (10) days from the date the permittee receives written
notice of said hearing. The permittee shall be permitted to present
evidence at such hearing, and a verbatim transcript will be kept of
the proceedings. Upon the close of the hearing the Township Committee
shall set forth by written resolution its findings of facts and conclusions.
The permittee shall be given a reasonable amount of time to
be set by the Committee to correct any violations during a period
of suspension. If said violations are not corrected within the time
period allotted, the permit may be revoked.
Appeal may be taken to the New Jersey Superior Court by the
permittee in accordance with the applicable rules of Court.
[Amended 3-22-89 by Ord. No. 0-16-89; 8-23-89 by Ord. No. 0-40-89]
[Amended 3-25-14 by Ord. No. O-2014-006]
Any person who violates any of the provisions of this Article
and/or engages in excavating, extracting or mining soil or other natural
resources within the Township of Winslow without a permit shall be
subject to a fine of not more than one thousand dollars ($1,000.)
and/or imprisonment in the county jail for not more than ninety (90)
days, or both, per day for each day of violation.
If the provisions of any Article, section, subsection, paragraph, subdivision or clause of this Article shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Article and, to this end, the provisions of each article, section, subsection, paragraph, subdivision or clause of this Article are hereby declared to be severable. In the event that § 179-3 hereof shall be judged invalid by a court of competent jurisdiction, then all new applications for resource extraction permits shall meet all criteria as set forth in the remaining sections.
This Article being necessary for the welfare of the Township
of Winslow and its inhabitants shall be considered liberally to effect
the purposes thereof.
All ordinances and provisions thereof inconsistent with the
provisions of this Article shall and are hereby repealed to the extent
of such inconsistency only. Specifically not repealed by this Article
are Winslow Township Code §§ 179-3A(5) and B and 179-7.
Also specifically not repealed by this Article are the performance
standards set forth in Winslow Township Code § 179-4A, B,
C and D.[1]
[Amended 3-22-89 by Ord. No. 0-16-89]
A.
Application for such permits shall be made in writing to the Township
Committee and shall contain the following information:
(1)
A plan for the eventual rehabilitation and use of the site covered
by the permit after the resources have been removed, which conforms
to the terms of this chapter. Such a plan, at a scale of not less
than one (1) inch to four hundred (400) feet, showing topographic
contour intervals at not less than ten (10) feet, should be adaptable
to the particular surroundings and in general agreement with the Township
Master Plan, when adopted. The plan shall show the proposed treatment
of the channel of any stream within the rehabilitation area and limits
of excavation which will protect, as much as is reasonably possible,
the natural or improved channel and any adjacent wooded areas considered
vital to the function of the rehabilitated area
B.
The application for a permit or the renewal of a permit shall be accompanied by a promise from the applicant to faithfully perform and comply with all applicable performance standards set forth in this chapter at the time of the application. In the event that the Township Committee has reasonable doubt about the applicant's financial responsibility to perform the promise, it may request the applicant to submit reasonable, satisfactory evidence of financial responsibility, which will be reviewed on a confidential basis and not made public in any manner. In the event that there is not reasonable, satisfactory evidence of the applicant's financial responsibility to perform the promise, the Township Committee may require, as a condition of granting the permit, that the applicant deposit, pledge or place in escrow or in some other satisfactory form, with right of substitution, including the possible use of a surety bond, certain reasonable amounts of security with rights of substitution for the faithful performance of and compliance with all the performance standards set forth in the rehabilitation plan. In the event that security is required, said security shall be provided in an amount determined by the Planning Board Engineer in accordance with the plan of rehabilitation submitted to the Township Committee. Any security required shall be held or shall continue for the term of the permit while the land is rehabilitated or until adequate evidence of financial responsibility is presented. Any promise of security required herein shall be terminated ten (10) days after the applicant or others on his behalf shall have delivered to the Township Committee the certificate of a registered professional engineer or licensed surveyor setting out that area upon which release of the security is sought has been rehabilitated in substantial compliance with the requirements of the rehabilitation plan or some amended or alternative plan mutually satisfactory to the Township Engineer. Any security shall be so drafted that if the permit expires as provided herein and the site is not rehabilitated within eighteen (18) months thereafter, the security shall be forfeited to pay for the rehabilitation of the site according to the rehabilitation plan. In the Pinelands Area of the township, a performance guaranty shall be required for all resource extraction operations in accordance with the provisions of Section 179-5N(15).
[Amended 8-23-89 by Ord. No. 0-40-89; 11-13-91 by Ord. No. 0-28-91]
The following performance standards are required for mining:
A.
Standards relating to property.
(1)
All equipment used for mining shall be constructed, maintained and
operated in such a manner as to reduce, as far as is practical, noise,
vibration and dust.
(2)
Setbacks. Extraction shall not be conducted closer than fifty (50)
feet to the boundary of any zone where such operations are not permitted,
nor shall such extraction be conducted closer than fifty (50) feet
to the boundary of an adjoining property line, unless the written
consent of the owner of such adjoining property is first secured.
Extraction shall not be conducted closer than one hundred fifty (150)
feet to the center of the right-of-way line of any dedicated and accepted
street, road or highway.
(4)
Restriction of access. For any excavation within a one-fourth-mile
radius of which there are more than twenty-five (25) single-family
residential units and which excavation results in or produces, for
a period of at least one (1) month, collections of water or slopes
at least as steep as one and one-half (1 1/2) feet horizontal
to one (1) foot vertical, there shall be placed a gate or guard across
all access roads to public highways.
(5)
Roads. All access roads from extraction operations to public highways,
roads or streets or to adjoining property shall be paved, treated
or watered so far as is practicable to minimize dust nuisances.
B.
Standards relating to production and processing.
(1)
All mining operations shall be conducted in a manner not inconsistent
with the rehabilitation plan and in such a manner that the objectives
of the plan may be realized after the sand and gravel have been removed.
(2)
If overburden is stockpiled in either windrows or concentrated piles,
it shall be stabilized in a manner so that it does not become a source
of dust and dirt to adjacent property owners. Topsoil, when practicable,
shall be stockpiled separately from the rest of the overburden.
(3)
No operation shall accumulate or discharge beyond the property lines
any waste matter in violation of the applicable standards of the New
Jersey State Department of Health.
C.
Standards relating to land rehabilitation.
(1)
The parties to the permit for extraction mining are responsible for
the rehabilitation of the area is substantial compliance with the
rehabilitation plan on file with the Township Committee.
(2)
Dry-pit rehabilitation. The dry pit may be backfilled with sand,
gravel, overburden, topsoil or other nonnoxious, nonflammable, noncombustible
solids. For excavations backfilled and rehabilitated, the following
requirements shall be met:
(a)
The graded or backfilled area shall not permit stagnant water
to collect or remain therein.
(b)
The finished topography and surface of the area shall be in
such a manner as to not be uncomplimentary with the surrounding area.
(c)
The finished final condition of the area shall be in substantial
compliance with the rehabilitation plan.
(3)
Wet-pit rehabilitation. Like dry-pit rehabilitation, the wet pit
may be filled. Filling must be accomplished in accordance with the
conditions set for dry-pit rehabilitation. In the alternative, the
wet pit may be converted into a lake, in accordance with the rehabilitation
plan approved by the Township Committee.
(a)
All banks shall be sloped to the waterline at a slope which
shall not be steeper than two (2) feet horizontal to one (1) foot
vertical (three to one (3:1) for public recreation lakes].
(b)
All banks shall be stabilized unless otherwise called for on
the approved rehabilitation plan.
(c)
Stabilization shall be accomplished by surfacing with soil of
a quality at least equal to the topsoil of land areas immediately
surrounding.
(d)
Such topsoil as required by Subsection C(3)(c) above shall be planted with trees, shrubs, legumes or grasses upon the parts of such area where revegetation is possible.
(e)
The finished condition of the rehabilitated area shall be in
substantial conformance with the rehabilitation plan.
D.
Standards within the Pinelands Area of the township. Within the Pinelands
Area of the township, the following standards for the operation and
restoration of mining or resource extraction operations shall apply.
Resource extraction activities shall:
(1)
Be designed so that no area of excavation, sedimentation pond, storage
area, equipment or machinery or other structure or facility is closer
than three hundred (300) feet to any property line.
[Amended 5-23-90 as Ord. No. 0-6-90]
(2)
Be located on a parcel of land of at least twenty (20) acres.
(3)
Provide that all topsoil that is necessary for restoration will be
stored on the site and will be protected through access roads.
(4)
Be fenced or blocked so as to prevent unauthorized entry into the
resource extraction operation through access roads.
(5)
Provide ingress and egress to the resource extraction operation from
public roads by way of gravel or porous paved roadways.
(6)
Be designed so that the surface runoff will be maintained on the
parcel in a manner that will provide for on-site recharge to groundwater.
(7)
Not involve excavation below the seasonal high water table unless
the excavation will serve as a recreational or wildlife resource or
a water reservoir for public, agricultural or industrial uses or for
any other use authorized in the zoning district in which the site
is located, provided that in no case shall excavation have a depth
exceeding sixty-five (65) feet below the natural surface of the ground
existing prior to excavation unless it can be demonstrated that a
depth greater than sixty-five (65) feet will result in no significant
adverse impact relative to the proposed final use or on off-site areas.
(8)
Be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the twenty (20) acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one (1) twenty (20) acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection D(9) below.
[Amended 2-25-97 by Ord. No. 0-2-97]
(9)
Not involve clearing adjacent to ponds in excess of twenty (20) acres
or an area necessary to complete scheduled operations or will not
involve unreclaimed clearing exceeding one (100) hundred acres or
fifty (50%) percent of the area to be mined, whichever is less for
surface excavation at any time.
[Amended 8-23-89 by Ord. No. 0-40-89]
(10)
Involve restoration of disturbed areas at the completion of
the resource extraction operation in accordance with the following
requirements:
(a)
Restoration shall be a continuous process, and each portion
of the parcel shall be restored such that the ground cover be established
within two (2) years and tree cover established within three (3) years
after resource extraction is completed for each portion of the site
mined.
[Amended 3-22-89 by Ord. No. 0-16-89; 8-23-89 by Ord. No. 0-40-89]
(b)
Restoration shall proceed in the same sequence and time frame as set out in the extraction schedule required in Subsection D(8) above.
(c)
All restored areas shall be graded so as to conform to the natural contours of the parcel, to the maximum extent possible, grading techniques that help to control erosion and foster revegetation shall be utilized and the slope of surface of restored surfaces shall not exceed one (1) foot vertical to three (3) feet horizontal except as provided in this Subsection D(10).
[Amended 3-22-89 by Ord. No. 0-16-89; 8-23-89 by Ord. No. 0-40-89; 2-25-97 by Ord. No. 0-2-97]
(d)
Topsoil shall be restored in approximately the same quality
and quantity as existed at the time the resource extraction operation
was initiated. All topsoil removed shall be stockpiled and used for
the next area to be restored, unless it is immediately reused for
reclamation that is currently underway.
[Amended 2-25-97 by Ord. No. 0-2-97]
(e)
Drainage flows, including direction and volume, shall be restored,
to the maximum extent practical, to those flows existing at the time
the resource extraction operation was initiated.
(f)
Any body of water created by the resource extraction operation
shall have a shoreline not less than three (3) feet above and three
(3) feet below the projected average water table elevation. The shoreline
both above and below the surface water elevation shall have a slope
of not less than five (5) feet horizontal to one (1) foot vertical.
This requirement shall apply to any water body or portion of a water
body created after December 5, 1994. For any water body or portion
of a water body created prior to December 5, 1994, this requirement
shall apply to the extent that it does not require grading of areas
which have not been disturbed by mining activities. Where grading
would require such disturbance, a reduction in the distance of the
graded shoreline above and below the average water table elevation
shall be permitted.
[Amended 2-25-97 by Ord. No. 0-2-97]
(g)
All equipment, machinery and structures, except for structures
that are usable for recreational purposes or any other use authorized
in the area, shall be removed within six (6) months after the resource
extraction operation is terminated and restoration is completed.
(h)
Reclamation shall to the maximum extent practical result in
the reestablishment of the vegetation association which existed prior
to the extraction activity and shall include:
[Amended 3-22-89 by Ord. No. 0-16-89; 8-23-89 by Ord. No. 0-40-89; 2-25-97 by Ord. No. 0-2-97]
[1]
Stabilization of exposed areas by establishing ground cover
vegetation; and
[2]
Reestablishment of the composition of the natural forest and
shrub types that existed prior to the extraction activity through
one of the following:
[i]
The planting of a minimum of one thousand (1,000)
one-year-old pitch pine seedlings or other native Pinelands tree species
per acre in a random pattern;
[ii]
Cluster planting of characteristic Pinelands oak
species, such as blackjack oak, bear oak, chestnut oak, and black
oak, and shrubs such as black huckleberry, sheep laurel and mountain
laurel, at a spacing sufficient to ensure establishment of these species;
[iii]
A combination of the planting techniques set
forth in (i) and (ii) above; or
[iv]
The use of other planting techniques or native
Pinelands species as may be necessary to restore the vegetation association
which existed prior to the extraction activity.
(i)
Slopes beyond a water body's shoreline shall be permitted
at the natural angle of repose to the bottom of the pond.
[Added 2-25-97 by Ord. No. 0-2-97]
(11)
Not result in a substantial adverse impact upon those significant
resources depicted on the Special Area Map appearing as Figure 7.1
in the Pinelands Comprehensive Management Plan.
[Amended 3-22-89 by Ord. No. 0-16-89; 8-23-89 by Ord. No. 0-40-89]
In recognition of the fact that there may arise in connection
with this chapter problems of such a nature that some degree of expertise
is required in order to best evaluate such problems in light of the
purpose of this chapter and the public interest, said responsibility
shall be delegated to the Planning Board of Winslow Township, which
body shall consider such problems as may arise under this chapter
and shall, subsequent to such consideration, make recommendations
to the Township Committee in connection with any action to be taken,
which recommendations may include the advisability of the granting
of a waiver or waivers. The Township Committee shall in no way be
bound by the recommendations of this Board, which shall at all times
act exclusively in an advisory capacity.
