A.
No owner, applicant, developer, excavator, subdivider or other person
shall dig, excavate, scrape or otherwise disturb, move or cause, allow
or permit to be moved the soil on any premises in the township for
use other than on the premises from which it is being taken, until
after application to and a public hearing by the Planning Board, and
a permit has been issued as prescribed herein.
A.
The Planning Board shall not consider any application for removal
of soil from any premises in the town-ship until the owner, applicant
and any persons interested in the premises shall first file with the
Secretary of the Planning Board, at least two (2) weeks prior to the
regular Planning Board meeting, an application for a permit, application
fees and all necessary documents as prescribed herein.
B.
If at the regular meeting the application is deemed complete by the
Planning Board, the Planning Board shall then schedule a public hearing
within forty-five (45) days on the application. The applicant shall
give notice of public hearing to all property owners within two hundred
(200) feet of the premises in accordance with the applicable provisions
of the Municipal Planning Act of date.
C.
The Planning Board shall refer the application, if in order, to the
Township Engineer for review. The Township Engineer shall make a study
and report in writing to the Planning Board within thirty-one (31)
days of the date of referral and shall forward a copy to the applicant.
[Amended 7-2-79 by Ord. No. 1979-17]
D.
After reviewing the report and the public hearing, the Planning Board
shall take appropriate action by resolution no later than sixty (60)
days following the public hearing.
E.
After said resolution for soil removal is adopted, a permit will
be issued by the Township Clerk upon payment of all fees and the posting
of bond and other requirements.
[Amended 4-7-80 by Ord. No. 1980-9]
F.
For the purpose of issuance, renewal, bonding and the like, the date
of the soil removal permit shall be the date that same has been approved
by resolution of the Planning Board. However, no work shall begin
on the premises until the Township Clerk and Township Engineer have
signed the permit.
G.
All permits shall be for a period of three (3) years from the date
of issue. No permits shall extend beyond said three (3) year period
without submission and approval of a new application with two (2)
copies of the application form and two (2) copies of all other materials
required shall be submitted to the Township Clerk no later than thirty
(30) days prior to the date of expiration of the permit. Upon receipt
of a report from the Town-ship Engineer indicating that the soil removal
operation is being conducted in accordance with the requirements of
this ordinance and the applicant is posting a performance bond in
the amount determined by the Township Engineer, the Township Clerk
shall issue a permit. Permits for soil removal, excavation and mining
activities in the Pinelands area shall be issued for three (3) year
periods only in accordance with Section 233D of Chapter 55B (Land
Use - West of the Parkway Pinelands) of this Code.
[Amended 4-7-80 by Ord. No. 1980-9; 11-18-91 by Ord. No. 1991-42; 8-2-93 by Ord. No. 1993-30]
H.
No permit shall be issued for any mining operation exceeding one
hundred (100) acres. No permit shall be renewed as to any area other
than that which is or has been the subject of the permit for which
renewal is sought, nor shall any permit be renewed authorizing removal
of soils in amounts in excess of that authorized by the permit for
which renewal is sought.
[Added 7-2-79 by Ord. No. 1979-17]
A.
The applicant shall file ten (10) copies of the application form
and ten (10) copies of other materials required with the Planning
Board Secretary. The following information shall be provided on said
application form or on other documents filed with the Planning Board
Secretary:
(1)
The identity and address of the applicant and owner of the land.
(2)
The name of the individual who represents and will be responsible
for conformance with permit and ordinance requirements. The proper
mailing address for said individual and a twenty-four-hour-a-day telephone
number or numbers where he may be reached.
(3)
The name, address and telephone number of the excavator or contractor
who will be doing the actual work on the premises.
(4)
A description of the land and premises in question.
(5)
An estimate in cubic yards of the quantity of soil to be moved written
down into two (2) figures, topsoil and other soil.
[Amended 7-2-79 by Ord. No. 1979-17]
(6)
The proposed dates of commencement and completion of the work.
(7)
An estimate of the type and number of machines and other equipment
to be used in the operation, the daily starting and finishing time
during which the machines are to be operated and the protection to
be provided to keep children and others having no business on the
land from gaining access.
B.
Map of the area for soil removal. With the application there shall
be filed ten (10) copies of a topographical map, with a contour interval
of two (2) feet, of the land upon which the proposed soil-moving operations
are to be conducted and a reasonable engineering estimate of surrounding
lands within two hundred (200) feet of the perimeter of land which
is the subject matter of the application, including topography, prepared
and certified by a licensed professional civil engineer and land surveyor
of the State of New Jersey, on the scale of not less than one (1)
inch to one hundred (100) feet, and referred to in the United States
Coast and Geodetic Survey Data showing:
[Amended 7-2-79 by Ord. No. 1979-17]
(1)
A key map showing the entire premises and its relation to surrounding
areas at a scale of not less than one (1) inch equals one thousand
(1,000) feet.
(2)
The dimensions of the land and the lot and block number of the land
and of each lot surrounding the land within two hundred (200) feet
as shown on the last Tax Assessment Map of the township, Tax Map sheet
numbers, date, reference, meridian and graphic scale.
(3)
The appropriate zone districts applicable to all lands shown on the
plat shall be clearly indicated.
(4)
An approval certification for signatures of the Planning Board Chairman,
Secretary and Township Engineer as follows:
[Amended 4-7-80 by Ord. No. 1980-9]
|
Approval for a soil removal permit for a period of one (1) year
which shall expire on _____________
| |
|
______________________________________
Chairman
|
_______
Date
|
|
______________________________________
Secretary
|
_______
Date
|
|
______________________________________
Township Engineer
|
_______
Date
|
|
_________________________________________
Date of resolution for approval
| |
(5)
The existing and proposed grade on a fifty-foot grid layout, with
contour lines at two-foot intervals, up to and including five (5)
acres; or, for more than five (5) acres, one-hundred-foot grids.
[Amended 7-2-79 by Ord. No. 1979-171]
(6)
The existing elevations of all buildings, structures, streets, streams,
bodies of water and watercourses, natural or artificial.
(7)
All existing surface and subsurface water drainage conditions and
provisions therefor, including but not limited to both on-site and
off-site, as required by the Township Engineer.
(8)
All wooded areas.
(9)
The proposed grades at points in Subsection B(2) above when the work has been completed with the requirements as contained therein and proposed contour lines.
(10)
Existing and proposed cross sections at one-hundred foot intervals.
(11)
Soil borings, one (1) for every five (5) acres. Soil borings
shall be taken to a minimum depth of five (5) feet below the proposed
excavation and shall indicate depth to water table if encountered
during the course of such boring.
[Amended 7-1-79 by Ord. No. 1979-17]
(12)
The quantity, in cubic yards, of the soil involved in the work.
(13)
The average depth of topsoil.
(14)
The grades of all abutting streets and lands.
(15)
Proposed slopes and lateral supports at the limits of the area
upon completion of the proposed work.
(16)
The proposed detail of surface water drainage and of any streams,
bodies of water and watercourses, natural or artificial
(17)
Location and description of one (1) bench mark elevation for
each twenty (20) acres.
(18)
Boundary survey map prepared by a New Jersey licensed land surveyor
showing location of all property corners with concrete monuments set
at each point.
(19)
A sediment and erosion control plan for the soil removal operation which must conform to the standards of this ordinance in § 65A-19.
(21)
Upon the recommendation of the Planning Board Engineer, the
Planning Board may waive any of the requirements established by this
section.
[Added 7-2-79 by Ord. No. 1979-17]
C.
Pursuant to N.J.S.A. 40:55D-39e of the Municipal Land Use Law, prior
to an approval by the Planning Board for a soil removal permit, the
applicant must submit proof that no taxes or assessments for local
improvements are due or delinquent on the property for which the site
plan application is made. A certificate from the tax collector stating
that all taxes are paid to date shall satisfy such proof.
[Amended 5-20-85 by Ord. No. 1985-17]
(1)
Any other pertinent data the Township Engineer may require after
he has examined the proposed project, including means and methods
for site restoration.
(2)
A notorized certification stating that the applicant is the owner
of the land, or its authorized agent, giving names and addresses of
both and that the owner consents to the application for a soil removal
permit.
[Amended in entirety 10-16-89 by Ord. No.
1989-32; 11-18-91 by Ord. No. 1991-42]
A.
Application fees. The applicant shall, at the time of filing an application
for a new or renewal mining permit, pay a nonrefundable administration
fee of one thousand five hundred dollars ($1,500.) to the Township
of Barnegat by certified check or bank money order. In addition, the
applicant shall upon filing an application, pay an escrow fee to the
township by certified check or money order based upon the schedule
set forth below.
(2)
Renewal fee - $1,500. plus $10. per acre.
(3)
The fees set forth herein are promulgated on the basis of the applicant
submitting completed application and plans in conformance with the
applicable ordinance provisions. These fees are based upon an initial
review by the township or Planning Board professionals together with
one (1) subsequent review to verify that the applicant has complied
with the various items stated in the report of the professionals.
Any further submissions required on the behalf of the applicant shall
be required to post additional fees totaling twenty-five percent (25%)
of the original fee for each plan submitted after the first revision.
The applicant shall also sign a consent form agreeing to pay any additional
costs involved with respect to the review of the application over
and above the fees previously submitted with the original application.
Any unexpended escrow fees shall be returned to the applicant.
A.
The Planning Board and Township Engineer shall take into consideration
the public health, safety and general welfare and shall give particular
consideration to the following factors:
(2)
Soil erosion and sediment control.
(3)
Drainage.
(4)
Soil fertility.
(5)
Grades and elevation of adjoining streets and lands.
(6)
Lateral support slopes and grades abutting streets and lands.
(7)
Effect of excavation and removal upon nearby lands and values and
uses of other lands as affected by such excavation and removal; and
land values and uses of the lands to be excavated from which materials
are to be removed therefrom.
(8)
Provisions for restoration and vegetative cover.
(9)
Other factors that may bear upon or relate to the coordinated, adjusted
and harmonious physical development of the township.
B.
If, after examining the application, public hearing, reports of the
Township Engineer and others, the Planning Board is of the opinion
that the proposed soil removal will not create conditions inimical
to the public health, welfare and safety; will not result in the creation
of any sharp declivities, pits or depressions, soil erosion, sedimentation
or fertility problems or de-pressed land values; nor create any drainage
or sewerage problems or other conditions of danger, permission to
remove the soil and a special use permit may be granted, subject to
all other provisions of this ordinance.
A.
Operations under a soil removal permit are to be conducted in such
a manner as to minimize the effects of soil erosion, dust, mud, sedimentation
and drainage during the course of said work.
[Amended 4-7-80 by Ord. No. 1980-9]
B.
The applicant shall section the property which is the subject of
his permit into areas of not more than twenty-five (25) contiguous
acres and schedule the work of soil removal so that the operation
conducted in one (1) section is completed and at final grade before
work is commenced in any other section of the premises. Wood post
markers set by a New Jersey licensed professional engineer or land
surveyor shall mark the corners of the twenty-five-acre section being
worked.
[Amended 7-2-79 by Ord. No. 1979-17; 4-7-80 by Ord. No. 1980-9]
C.
Temporary vegetative cover shall be required in an area or section
if same is not to final grade and the applicant desires to work in
another section.
