[HISTORY: Adopted by the Council of the Township of Monroe
4-3-72 by Ord. No. 213; amended
in its entirety 6-9-93 by Ord. No. 0-6-93-019. Subsequent amendments noted where applicable.]
A.
The Council of the Township of Monroe 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 Monroe to effectuate
the general purpose of municipal planning. The Land Development Ordinance
of the Township of Monroe specially prohibits mining within the Township
of Monroe.[1]
[1]
Editor's Note: Soil mining operations are not permitted in any zone in the township under the provisions of the Land Development Ordinance; see Chapter 108, Section 108-6.1 et seq. However, those mining operations which were in existence prior to the enactment of the Land Development Ordinance, or its predecessor Zoning Ordinance, may continue to operate pursuant to Chapter 108, Section 108-4.1 et seq.
B.
The Council of the Township of Monroe finds and 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, 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 as well as conserve needed topsoil in the Township.
C.
The Council of the Township of Monroe finds and determines that the
mining of existing sand banks, sand pits, clay banks, clay pits, gravel
pits or other mineral deposits has an unavoidable environmental impact,
including, but not limited to the permanent loss of open spaces and
greenery; the permanent loss of trees, which in addition to their
aesthetic value abate noise, promote better air quality by removing
carbon dioxide, stabilize soil, prevent soil erosion and flooding
and provide a natural habitat for birds and other animals; the permanent
loss of topsoil which effects the vegetative capabilities of the land;
the pollution of the groundwater supply; the increase of sedimentation
which adversely impacts on aquatic animal and vegetative life; and
the increased acidity of the nearby bodies of water which inhibits
aquatic animal and vegetative life.
D.
The Council of the Township of Monroe finds and determines that the
mining of existing sand banks, sand pits, clay banks, clay pits, gravel
pits or other mineral deposits is difficult to police, generates increased
truck traffic resulting in a more rapid deterioration of public thoroughfares
and places an increased strain on municipal services, including, but
not limited to police services and health services.
E.
The Council of the Township of Monroe finds and determines that mining
activity causes a larger degree of land disturbance with an accompanying
direct impact upon shade trees and related environmental conditions
than does any other commercial use of land within the Township. Accordingly,
additional expenditures on a wide variety of programs, including,
but not limited to the acquisition, planting and caring for trees
and shrubbery, are necessary to ameliorate the aforesaid detrimental
effects of mining activity within the immediate vicinity of the mining
operation and throughout the Township. Existing mechanisms for remedying
this land disturbance do not adequately address these permanent environmental
losses nor are existing revenues adequate to institute such mechanisms.
Therefore, the Council finds it necessary to establish an Environmental
Disturbance Trust Fund to administer to these needs.
[Amended 10-6-1975 by Ord. No. 276]
The Township of Monroe recognizes the right of an owner of permitted
property to engage in soil mining and excavation activities for just
compensation. In addition, the Township recognizes the need to preserve
the public health, safety and welfare and to preserve the environment.
The purpose of this chapter is to reconcile the interest of the owners
in engaging in profitable mining operations with the Township's
interest in preserving the right of its citizens and further to ensure
that mined areas shall be suitably and reasonably rehabilitated after
mining operations have been completed or otherwise terminated.
As used in this chapter, the following words, terms and phrases
shall have the meanings indicated:
Any person who applies for a permit to conduct mining operations
pursuant to the provisions of this chapter.
A surveyor's mark on a permanent landmark of known position
and altitude which is used as a reference point in determining other
altitudes.
The period of time between January 1 and December 31 in any
given year.
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision or in
the construction of dwelling units, business or industrial buildings
and facilities related thereto, or any land subdivision for the purpose
of sale or occupancy by any person or persons.
Any portion of the lot upon which the surface has been stripped,
excavated or altered such that the previously existing contour had
been changed. 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.
The contour of the land as it exists prior to the proposed
excavation or operation.
To dig, remove, move, deposit, fill, grade, regrade, 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.
Any person who shall excavate, move, deposit or remove soil
as these terms are defined herein.
Any parcel of land or portion thereof determined to be a
nonconforming mining operation, the boundary line of which, as of
August 2, 1971, can be ascertained by reference to the maps and records
either in the offices of officials of the Township of Monroe or in
the office of the County Clerk of the County of Middlesex.
To excavate or move more than 500 cubic yards of soil.
[Amended 8-4-97 by Ord. No. 0-8-97-026]
Any person vested with fee title of any lot or having such
other interest or estate therein as will permit exercise of possession
thereof and dominion thereover.
License to remove or excavate soil in area mined.
Any person who obtained a permit to conduct mining pursuant
to the provisions of this chapter.
Any individual, firm, association, partnership or corporation
or any group of two or more of them or anyone acting in behalf of
said person.
A barrier, dam or excavated pit constructed across a waterway
or other suitable location to intercept and retain sediment such as
rock, sand, gravel, silt or other material.
All unconsolidated mineral and organic material of any origin.
The establishment of a temporary vegetative cover on soil
to prevent wind and water erosion.
Includes 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.
Arable soil. "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 five point eight (5.8) nor more than six
point five (6.5). "Topsoil" shall be a mealy loam obtained from a
field which is comparatively free from objectionable weeds. "Topsoil"
shall have a minimum organic content of not less than 2.75% by weight.
The gradation of the "topsoil" shall be within the following limits:
sand, 40% to 80%; silt, 10% to 30%; clay, 10% to 30%.
Any individual appointed by the Mayor pursuant to Chapter 3, Section 3-75 of this Code or, if this individual declines to perform the duties of the Township Engineer under this chapter, any other such individual, firm, association, partnership or corporation appointed by the Mayor with advice and consent of the Township Council to aid in the administration of this chapter of the Code.
A stabilized area of stone, size No. 2 per ASTM C-33, of
a minimum thickness of six inches, at points where traffic will be
leaving the site. Area of pad shall be approved by the Township Engineer
but in no event be less than that specified in the latest edition
of the "Standards for Soil Erosion and Sediment Control in New Jersey."
Areas containing numerous trees having attained a diameter
of four inches at a height of four feet from the ground as determined
by the Township Engineer or other authorized authority.
It shall be unlawful for any person to conduct the business
of mining within the Township without first having obtained a permit
therefor in accordance with the requirements of this chapter. Nothing
in this chapter shall be construed to permit the commencement of any
new mining operations which were not in existence as of August 2,
1971.[1]
[1]
Editor's Note: See footnote 2 supra.
The following are exceptions of this chapter and shall not be
construed to be operations covered under the provisions of this chapter:
A.
Excavations for purposes of construction not exceeding 500 cubic
yards, confined within an area of 3,600 square feet.
B.
Excavations and grading for yards, sidewalks, drainage ditches, sewage
disposal systems or other minor yard improvements.
C.
All existing approved sanitary landfill operations which are in conformance
with all applicable federal, state and local statutes, regulations
and ordinances.[1]
D.
New streets, roadways or driveways where regulated by other ordinances.
E.
Excavations made by Monroe Township, the County of Middlesex or the
State of New Jersey or by their agents, servants and/or employees
as part of construction of public improvements, such as streets, highways,
drainage, sewers or other similar projects.
F.
Underground utility lines within the bounds of the public streets
and roadways.
G.
Excavation in connection with development approved by the Planning
Board of the Township of Monroe under its site plan review or subdivision
approval authority; provided, however, that such excavation is necessary
for the reasonable development of the approved premises and the excavation
does not go below the common grade of all adjoining properties.[2]
A.
Applications for permits required by this chapter shall be upon forms provided by the Township Clerk, shall be signed and verified by the applicant, and shall set forth or be accompanied by the information set forth in Section 101-7 of this chapter. The original application and four copies thereof must be filed with the Township Clerk and shall be accompanied by the fees prescribed in Sections 101-10 and 101-15 of this chapter, the performance bond prescribed in Section 101-9 of this chapter and an insurance certificate prescribed in Section 101-13 of this chapter.
B.
On or before October 1 of each and every calendar year in which any
person conducts or will conduct any mining operation in the Township
of Monroe, such per-son shall file an application and pay a fee in
the manner and amount set forth herein for a permit for the following
calendar year.
C.
Where the premises upon which the mining operation is to be conducted
exceeds 35 acres of land, an issued permit shall only allow the mining
of those lands designated on the application as the areas to be mined
during the year for which the permit is in effect. All remaining acreage
shall be undisturbed or shall be in the process of reclamation or
stabilization as herein defined. Nothing in this section shall be
construed to allow a permit to apply to more than 30 acres of land.
Stabilization of all acreage in the lot which was previously mined
and for which no mining permit is currently in effect should be completed
within six months of the issuance of the current mining permit.
A.
An application for a mining permit shall set forth or be accompanied
by the following information:
(1)
Name and business address of the applicant, if an individual; the
name and business address of each partner, if a partnership; the name,
date and state under which organized, if a corporation, and if a foreign
corporation, whether the same is authorized to do business in the
State of New Jersey. A corporate applicant shall indicate the names
of directors, principal officers and local representatives and their
business addresses.
(2)
If the owner of the lands to be mined is other than the applicant,
then the name and business address of the owner, if an individual;
the name, residence and business address of each partner, if a partnership;
the name, date and state under which organized, if a corporation,
and if a foreign corporation, whether the same is authorized to do
business in the State of New Jersey. A corporate applicant shall indicate
the names of directors, principal officers and local representatives
and their business addresses.
(3)
The interest of the applicant in the premises upon which the mining
operation is to be conducted.
(4)
A description of the premises where the mining operation is to be
conducted, including the Tax Map, block, and lot numbers and current
zoning designation.
(5)
The purpose or a description of the type of mining operation involved,
including the material actually excavated, the estimated quantity
of material to be removed during the permit year and the final product
of said mining operation.
(6)
The number and location of acres to be mined during the year applied
for and the approximate depth of topsoil in the area to be mined during
the year for which the application is filed.
(7)
The name, address and phone number of the person having direct charge
or supervision over the soil removal operation.
(8)
A statement describing equipment used or to be used in the mining
operation.
(9)
A 24 hour telephone number for use in case of emergency.
(10)
A copy of the Soil Erosion and Sediment Control Plan which has
been approved by the Freehold Soil Conservation District pursuant
N.J.S.A. 4:24-39 et seq. No action shall be taken on any application
prior to the submission of this approved plan.
(11)
Certification that the Township, its agents, servants and employees
shall be held harmless from any monetary liability resulting from
pollution originating at the mining operation, including, but not
limited to, liability for bodily injury, property damage, economic
loss or clean-up costs for any and all pollution originating thereon.
Said certification form shall be provided by the Township Clerk for
signature by the applicant and shall state as follows:
"The Applicant, its successors and assigns, hereby agree and
certify that it shall save and indemnify and keep harmless the Township
of Monroe, its agents, servants and employees against any and all
liability claims and judgments or demands for damages arising from
pollution originating at the mining operation identified in the Application,
including, but not limited to, liability for bodily injury, property
damage, economic loss or clean-up costs for any and all pollution
originating thereon. The Applicant further certifies that it shall
defend any and all suits that may be brought against the Township
of Monroe on account of any and all liability claims resulting from
pollution originating at the mining operation identified in the Application
and shall reimburse the Township of Monroe for any expenditures that
the Township may make by reason of any such suit or other claim."
[Added 9-4-96 by Ord. No. 0-9-96-029A]
(12)
The applicant shall present to
the Township a map indicating planned routes for all trucks entering
or leaving the soil mine. The map shall identify alternate routes
through the Township that could be used by trucks coming to or leaving
the soil mine to reach major thoroughfares (state highways, turnpike,
etc.) in or around Monroe Township. The proposed routes shall be selected
with safety in mind but shall attempt to minimize truck traffic through
or around residential developments or narrow (less than 24 feet wide)
rural roads. Upon acceptance of appropriate routes by the Township
Engineer, the applicant shall:
a.
Prepare a map depicting the designated routes.
b.
Prepare a statement to truck operators identifying the importance
of using the designated routes.
c.
Distribute the map and statement to all truck drivers or operators
on a routine basis (not less frequently than quarterly).
d.
Post a permanent sign at the entrance and/or exit of the soil mine
which states "Designated Truck Routes Must Be Obeyed."
|
The Township of Monroe, through the Police Department and other
municipal officials, will monitor truck traffic to ascertain compliance
with the requirements of this section. The applicant and owner shall
cooperate to the fullest extent possible to control truck traffic,
originating from or coming to their soil mine, through the Township
of Monroe, in order to minimize the impact of this traffic on the
public's health, safety, and welfare. The Township of Monroe
shall require that each truck providing services to a soil mine be
identified with a marker attached to the truck which easily identifies
the vehicle, for monitoring purposes only.
[Added 8-4-97 by Ord. No. 0-8-97-026] |
B.
At the time the initial application is filed, the applicant shall
furnish an original and four copies of a topographical map of the
land in question. Said map shall be prepared and certified by a licensed
professional engineer and licensed land surveyor. Same shall be prepared
at a scale of not more than 100 feet to the inch and shall show the
following:
(1)
The present grades on a 100 foot grid layout, as established by a
field survey based on the United States Coast and Geodetic Survey
datum, for all lands previously disturbed.
(2)
The proposed finished grades for the entire lot.
(3)
The area of operations from which the soil is to be removed.
(4)
The grades of all lots within 200 feet and the streets within 500
feet of the lot.
(5)
Existing brooks, streams or bodies of water within 500 feet of the
property in question.
(6)
Present and proposed surface water drainage facilities with inverts
and water levels depicting on-site drainage collection and distribution.
(7)
Delineation of all boundaries with metes and bounds data.
(8)
Location of three bench marks which shall be located within the proposed set back area as described in Section 101-17E of this chapter.
(9)
Location and elevation of the top and toe of all slopes of the area
being mined and the sedimentation pond.
(10)
Location and designation of the permit area.
(11)
Location and elevation of areas mined and/or reclaimed or stabilized
within the area prior to the year for which the permit application
is being made.
(12)
Location and approximate quantities of topsoil stockpiles.
(13)
Location of any wetlands existing on the site.
(14)
Location of any stream encroachment lines existing on the site.
(15)
Location of any on-site potable water supply and sewage disposal
system.
(16)
Location of a requisite on-site sedimentation pond which shall
collect all drainage from the site.
D.
Prior to the grant of any initial permit, the Township Engineer shall
be satisfied that the owner or applicant has permanently staked the
perimeter of the property at every corner and at no greater than 500
foot intervals. Such markers shall be maintained throughout the period
of mining on the affected lot(s).
E.
Prior to the grant of any initial permit, the Township Engineer shall
be satisfied that the owner or applicant has conducted a satisfactory
subsurface investigation demonstrating the types of soils to be removed,
the existing depth and characteristics of the topsoil, and the existing
seasonal high ground water levels. Prior to the grant of any initial
permit, the Township Engineer shall meet with the owner or applicant
to determine the necessary parameters of any subsurface investigation.
A.
The final grade shall be the lowest point at which soil may be removed
in the area to be mined. In reviewing the final grade as represented
on the application submitted pursuant to the provisions of this chapter,
the Township Engineer shall consider the following:
(1)
The permitted use of the lot pursuant to the Land Development Ordinance, Chapter 108 of this Code, and the Master Plan of the Township of Monroe.
(2)
Physical and developmental information concerning the watersheds
and topography of the Town-ship and the State of New Jersey, including,
but not limited to, the most recent data pertaining to land use, soil,
slope, hydrology, geology, size of land area being disturbed, and
water bodies.
(3)
Probable future locations of and grades of water mains, sewage and
streets.
|
In the event that the Township Engineer finds the final grade
represented on the application unsatisfactory, he may recommend to
the Township Council that the application be disapproved.
|
A.
Prior to approval of any permit, the applicant shall submit a performance
bond in an amount equivalent to $3,000 per acre for the land described
in the application as the area to be mined during the year for which
the application is filed. In addition, the applicant shall submit
a performance bond in an amount equivalent to $3,000 per acre for
all disturbed lands which are part of the mining operation for which,
as of the date of the submission of the application, a performance
bond is not in effect. Said performance bonds shall be conditioned
for the faithful performance of the provisions of this chapter.
B.
The performance bond shall be issued by a recognized surety company
authorized to do business in the State of New Jersey and approved
by the Township Attorney.
C.
Periodic inspections pursuant to Section 101-15 of this chapter shall be made by the Township Engineer to evaluate performance of the permit holder with respect to compliance with the provisions of this chapter and stabilization procedures.
D.
All performance bonds pertaining to a mining operation shall remain in full force and effect during the entire period that mining operations are conducted and until such time as the aforesaid mined area shall be final graded and seeded in accordance with Section 101-20.
E.
Upon stabilization of the mined area and/or substantial completion
of the final grading of the mined area, the permit holder may apply
to the Township Council for reduction in the bond. Based upon the
recommendation of the Township Engineer as to whether the mined area
is adequately stabilized to protect the health, safety and welfare
of the citizens of the Township, the Township Council shall approve
or disapprove the application for bond reduction.
[Amended 9-4-96 by Ord.
No. 0-9-96-029A]
A.
Initial application. Each initial application shall be accompanied
by a nonrefundable fee in an amount equal to $1,500 for the first
five acres or part thereof included within the areas to be mined pursuant
to this chapter, and $25 for each acre or part thereof over the initial
five acres included within the area to be mined pursuant to this chapter.
B.
Renewal application. Each renewal application shall be accompanied
by a nonrefundable fee in an amount equal to $1,400 for the first
five acres or part thereof included within the area to be mined pursuant
to this chapter, and $20 for each acre, or part thereof over the initial
five acres included within the area to be mined pursuant to this chapter.
C.
Late fees. Any person failing to make an application for renewal of a license within 10 days after the application renewal date, determined in accordance with Subsection B of Section 101-6, shall be assessed an additional charge as follows: 10% of the license fee after 10 days, 20% of the license fee after 30 days and 25% of the license fee after 60 days.
[Added 9-9-98 by Ord. No. 0-9-98-038]
[Amended 9-4-96 by Ord. No. 0-9-96-029A]
A.
The purpose of the Environmental Disturbance Trust Fund is to provide
funds sufficient to implement programs which are necessary to ameliorate
the detrimental effects of mining activity in the immediate vicinity
of the mining operation and throughout the Township.
B.
The Environmental Disturbance Trust Fund shall be administered by the Township Treasurer, who shall deposit into said Fund $500 from each initial or renewal application fee received by the Township pursuant to Section 101-10 of the Code. The Fund shall be utilized at the discretion of the Mayor with the consent of the Township Council for landscaping, shade tree planting and maintenance and the amelioration of environmental imbalances caused directly or indirectly by mining operations.
[Amended 9-4-96 by Ord. No. 0-9-96-029A]
Every permit holder shall deliver to the Township Clerk a certificate
of insurance evidencing comprehensive general liability insurance
on a combined single limit basis in an amount of not less than one
million dollars ($1,000,000) per occurrence and two million dollars
($2,000,000) in the aggregate. All insurance coverages shall name
the Township of Monroe, its agents, servants and employees as additional
insured parties and shall require that 30 days notice be given to
the Township of Monroe and its agents, servants and employees prior
to the termination of any such coverage. Said notice shall be given
to the Township Clerk.
A.
The permit holder and owner of the mined premises shall give written
notification to the Township Clerk within 30 days of the voluntary
abandonment or termination of all mining operations on the property.
B.
All property subject to the provisions of this chapter shall be reclaimed
within one year after the abandonment or termination of the mining
operation.
A.
The Township Engineer shall inspect the mining operation at least twice annually. At least four days prior to conducting said inspection, the Township Engineer shall provide the permit holder with written notice of his intent to conduct same. All inspections shall be conducted during permitted mining hours as described in Section 101-16 of this chapter. Within 20 days after each of said inspections, the Township Engineer shall submit a written report to the Township Council, specifying whether or not and in what manner the permit holder and/or owner is in violation of the provisions of this chapter. A copy of any such report shall be forwarded to the permit holder or owner. The Township Engineer shall, in his report, indicate as precisely as possible the area already mined and the extent of same. Moreover, in his report, the Township Engineer shall indicate the extent to which the areas not currently mined are being reclaimed and/or stabilized.
B.
Escrow accounts.
(1)
Prior to the issuance of the permit, the permit holder shall submit an inspection fee, which shall be held in an escrow account, in the amount of $4,750 to cover the reasonably anticipated costs associated with inspection, including, but not limited to those costs incurred by the Township due to the failure of the permit holder to comply with the provisions of this chapter or those costs incurred by the Township due to special matters submitted by the owner or permit holder for approval. Said costs shall include all costs associated with the review of the monthly reports submitted pursuant to Section 101-18 of this chapter as well as all legal fees incurred by the Township to ensure compliance with the provisions of this chapter. Prior to the commencement of the calendar year, the Township Engineer shall compile and file with the Township Clerk a fee schedule to be used in invoicing said escrow amount.
(2)
Within 20 days after each inspection, the Township Engineer shall
provide the permit holder with a written statement detailing costs
already incurred by the Township, including costs related to the compilation
and submission of the requisite written report as well as costs the
Township anticipates that it will incur due to the failure of this
permit holder to comply with the provisions of this chapter. If these
projected costs exceed the sums already held in escrow, the permit
holder shall be required to deposit additional sums necessary to meet
these projected expenses. Should the permit holder dispute the validity
or reasonableness of these projected costs, he may make a written
request to the Township Council for a hearing to determine same. Said
hearing shall be held within 10 business days after receipt by the
Township Council of such written request.
(3)
Within 45 days after payment by the Township for said costs, the
Township shall deliver to the permit holder a statement itemizing
the costs incurred and paid from the escrow account.
(4)
If and when an escrow account retained by the Township of Monroe
reaches $1,000, the Township Treasurer shall notify the permit holder
who shall then be required to deposit additional sums to raise the
balance of the account to $4,750.
(5)
Prior to the approval of any renewal application for a permit, the
applicant must deposit additional sums so that the balance of the
escrow account equals $4,750.
A.
Appearance. Permitted excavations shall be operated in a neat and orderly manner, free of junk, trash 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, and inoperative vehicles and equipment shall be safely stored for periods not exceeding six months. Storage or placement of materials on-site other than subsoils and topsoil which originated from the lot, shall only be as allowed and approved by the Township Engineer. Such storage of materials shall be identified on the topographical map submitted with the permit application pursuant to Section 101-7B or 101-7C. Storage of such materials shall not interfere with the timely stabilization or final restoration of the site.
[Amended 8-4-97 by Ord. No. 0-8-97-026]
B.
Control of dust. Permitted excavations shall be operated so as to
reduce dust to a minimum. Unless otherwise specified by the Township
Engineer, operations shall be conducted in accordance with the following
standards:
(1)
Access roads shall be maintained in a reasonably dust-free condition.
In order to minimize dust, access roads shall be paved or graded to
a width of 24 feet (a lesser width may be specified for one-way roads)
from public thoroughfares to a point not more than 100 feet from the
point at which haulage vehicles are to be loaded. In either case the
access road shall be maintained and/ or watered in order to reduce
dust to a minimum. Areas used for the movement of haulage vehicles
and mobile equipment closer than 100 feet to the point at which haulage
vehicles are to be loaded shall be sprinkled with water as frequently
as necessary to reduce the stirring of dust and soil to the minimum
level possible.
(2)
The public streets within 500 feet of each exit from a mine, measured from the projected center line of the exit, shall be kept free from accumulations of dust and/or soil emanating from the mining operation. If a permit holder fails to remove dust and/or soil from such public streets within one day's notice to any individual apparently in charge of the mining operation during the hours of operation, the permit holder shall be guilty of a violation of this section and the Township may remove such dust or soil by any reasonable means and bill the cost of such removal to the permit holder. Failure to pay the cost of removal within 30 days of billing shall be a further violation of this section and shall be a cause for suspension of a permit pursuant to Section 101-3.
(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.
C.
Noise and vibration. Noise and ground vibration shall be reduced
to a minimum and shall not exceed the maximum decibels permitted by
state and local law for the area and the equipment being used.
D.
Protection of streams and water-bearing strata. Permitted excavations
shall be conducted in a manner so as to keep adjacent streams, percolation
ponds and water-bearing strata free from undesirable obstruction,
silting, contamination or pollution of any kind. If the permit holder
and Township Engineer cannot agree on soil erosion and sediment control
measures to be followed, any controversy shall be referred to the
New Jersey Soil Conservation Service for resolution.[1]
E.
Setback of cut slopes from property lines. Opencut slopes shall in
no case be closer than 50 feet to any exterior property line, nor
closer than 75 feet to the top of the bank of any stream channel,
nor closer than 100 feet to the right-of-way of any street, roadway
or alley which is an existing public right-of-way or county-maintained
road, or official plan line or future width line of a county road,
unless otherwise approved by the Township Engineer. When excavations
are being conducted within 100 feet of a setback line, the limits
of that setback shall be visibly marked in the field to ensure that
operators of the equipment are aware of the limits and do not violate
the setback.
F.
Adjoining mining operations. Whenever in this chapter buffers or
setback lines are prescribed from property lines, requirements for
buffers or setback lines as defined elsewhere shall not apply to property
lines common with a property on which there is or shall be conducted
a mining operation for which a permit has been issued pursuant to
this chapter. Along such common property lines, the slopes within
the buffer or setback area shall be no greater than two horizontal
to one vertical. In the event the adjoining properties are being mined
simultaneously, no buffer or setback requirements of this chapter
shall apply to the common property line provided each permit holder
has submitted a written assurance acknowledging that said operations
shall occur simultaneously.
G.
Screen plantings.
(1)
The owner and permit holder shall maintain a protective buffer zone,
which shall consist of a strip of land not less than 60 feet in width
along all public road frontage and 25 feet in width and along any
side line to a depth of 100 feet from any public road frontage, and
25 feet in width along any side or rear line within 100 feet of any
dwelling now or hereafter constructed during the life of any permit
issued hereunder.
(2)
Throughout the existence of the mining operation there shall be installed
and maintained or cultivated in the protective buffer zone either:
(3)
The earth bank or berm required under Section 101-17I of this chapter may be a part of the protective wood vegetation buffer zone. The Township Engineer shall approve the height and bottom width of the earth bank or berm and same shall be landscaped, stabilized and maintained.
(4)
The Township Engineer shall approve all items to be installed or
cultivated.
H.
Blasting. Blasting shall not be permitted in conjunction with any
permit issued under this chapter.
I.
Erosion. Throughout the duration of the mining operation, the owner
and permit holder shall construct and maintain an earth bank or berm
or whatever is necessary in the determination of the Township Engineer
and in compliance with the Soil Erosion and Sediment Control Permit,
to prevent any erosion which may occur from being carried onto public
roads or watercourses or property of others during the extent of the
removal operation.
J.
Tracking and spillage. The owner and permit holder shall take reasonable
precautions, including, but not limited to the covering of the material
in the vehicle and installation of tracking pads, to prevent the spilling
of mine materials from and/or tracking of same by vehicles used in
conjunction with the mining operation onto public roads or property.
All such precautions shall conform with the standards of the Soil
Conservation Service.
K.
Fences.
(1)
In the case of any open excavation, there shall be a fence, with
suitable gates, completely enclosing the portion of the property on
which the excavation is located. All such fences shall be at least
four feet in height and may be a snow fence attached to well-anchored
posts. All such fences must be approved by the Township Engineer.
The fence shall be located at all points 40 feet or more distant from
the edge of such excavation.
(2)
All barriers and gates employed by the owner or permit holder for
the purpose of blocking and/or restricting access to ingress and egress
points at mining operation sites shall conform with the following
standards:
(a)
The minimum vertical dimension of any gate or barrier shall
be 12 inches.
(b)
A reflective strip shall be positioned across the entire face
of the barrier or gate, with a minimum dimension of six inches in
height. The reflective strip shall consist of alternating diagonal
stripes of white and international orange.
(c)
The use of ropes, wires, chains, cables and similar-type materials
are prohibited for barrier or gate usage.
L.
Sedimentation pond. Each owner and permit holder shall maintain an
on-site sedimentation pond which shall collect all drainage from the
site. The design of the sedimentation pond shall conform to the standards
of the Soil Conservation Service. The owner and permit holder shall
also provide for the adjustment of the pH of the collected waters
to conform with the Standards of the Soil Conservation Service and
the New Jersey Department of Environmental Protection and Energy.
The design of the pond and the provisions for the treatment of the
collected water shall be subject to the approval of the Township Engineer.
M.
Acreage markers. During the term of any permit, the limits of the
acreage included in the permit shall be prominently marked at the
site of operation by markers at least five feet in height above ground
levels and painted a color to be designated by the Township Engineer
so that the limits of the permit area shall be readily identified.
The lateral interval between said markers shall not exceed 400 feet
in distance. No mining operation shall be conducted without the above
markers being in place. The Town-ship Engineer may waive portions
of this requirement when he deems it impractical to mark the entire
perimeter of the permit area.
N.
Interim grading and stabilization. Any area of a lot which was previously mined or disturbed but not completed and which is not part of an area covered by a current mining permit issued pursuant to this chapter, shall be graded and stabilized within the time specified in Section 101-6 of this chapter. Interim grading shall be as approved by the Township Engineer and shall include sufficient topsoil to establish a temporary vegetative cover.
O.
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 four
point zero (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 materials shall be covered with a minimum of 12
inches of suitable subsoil in addition to a minimum of five inches
of topsoil which shall be sufficient to support a vegetative cover.
Topsoil shall have an organic content as specified herein. The Township
Engineer may require the addition of lime to the remaining topsoil
to support vegetative growth, in his discretion.
(3)
Brooks and ditches with acid formation exposed shall be surfaced
with traprock or other suitable material to prevent water from flowing
in contact with the acid material.
(4)
Ponds with exposed underwater acid formation shall be treated with
lime and phosphate as needed to establish a suitable pH, and provisions
shall be made for neutralization maintenance as required.
P.
Interim slopes and temporary grading. In the removal of subsoils,
the permit holder shall conduct the operations in such a manner so
that there shall be no sharp downward slopes, pits or depressions.
In order to eliminate dangerous slopes, faces and excavations which
may create conditions harmful to the health, safety and welfare of
the public, temporary grading and backfilling is required on a daily
basis.
[Amended 9-4-96 by Ord.
No. 0-9-96-029A]
A.
On a quarterly basis, on the fifteenth day of each quarter beginning
on January 15, each permit holder shall submit to the Township Engineer
a verified statement containing the following information:
B.
Failure to submit said verified statement shall result in the immediate
suspension of the permit and the holder thereof shall not conduct
any mining operations on the premises until such suspension has been
lifted by action of the Township Council.
A.
Topsoil shall only be removed from the land if the area beneath it
will actually be mined. The land shall not be stripped of topsoil
in areas in which no mining shall occur.
B.
Upon completion or abandonment of the mining operation, there shall
be placed upon the surface of the land from which soil is removed
topsoil at least five inches in thickness, to support the growth of
a vegetative cover. Such topsoil must be composed solely of the original
top layer where possible.
C.
The Township Engineer may require that stored soil and other denuded
areas be seeded according to the recommendations of the New Jersey
Soil Conservation Service.
D.
The permit holder shall minimize compaction of all soil intended
to support plant growth.
E.
All topsoil removed from the area for which a mining permit has been
issued shall be set aside and retained on the premises.
F.
The Township Engineer will test the topsoil to be used for final
restoration of the land for compliance with this Code, and may require
the permit holder to condition the material prior to its use. Products
and quantity used to condition the topsoil shall be approved by the
Township Engineer.
G.
Neither compost nor any other synthetic substance may be used in
place of topsoil without the investigation and approval of the Township
Engineer. Compost may be used as a conditioner for topsoil material
so that said material may comply with the requirements of this chapter.
[Amended 9-4-96 by Ord. No. 0-9-96-029A]
A.
General.
(1)
Trees, boulders, stumps, brush, limbs, debris or trash shall not
be buried on the property.
(2)
As many trees as practicable shall be left; regrading around tree
roots shall be avoided where practicable.
(3)
No excavating, filling or other disturbance of the soil will be permitted
within the stream encroachment lines or wetlands as approved by the
New Jersey Department of Environmental Protection and Energy.
(4)
Natural watercourses shall be preserved wherever possible, and there
shall be no interruption or impediment of natural drainage entering
or leaving the property.
(5)
If soil has been heavily compacted, it must be loosened to a depth
of 18 inches.
(6)
Large wooded areas that may be affected by adverse grading require
a recommendation by the New Jersey Soil Conservation Service.
(7)
Surface and slopes.
(a)
Upon completion of a mining operation, the surfaces 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
natural drainage points and that the area drained to any one point
is not increased.
(b)
Those completed operational slopes with a grade greater than
one (vertical) to five (horizontal) shall be planted with coniferous
evergreens spaced approximately six feet apart on center; those completed
operational slopes with a grade of one (vertical) to five (horizontal)
or less shall be adequately limed, fertilized and grass-seeded with
Type A Mixture in accordance with the latest edition of the "New Jersey
Department of Transportation Standard Specifications" or its equivalent
or shall be planted with coniferous evergreens spaced approximately
six feet on center, provided that said planting of coniferous ever-greens
or grass seeding does not unreasonably interfere with the actual prospective
use of said premises.
B.
Seeding. The area of operation shall be seeded upon completion of
operation, or if the removal extends over more than one planting season
(April 15 to 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
soil to be tested by the United States Department of Agriculture,
or a laboratory licensed by the United States Department of Agriculture
to conduct such tests and/or any other laboratory enumerated on a
"laboratory approval list" promulgated by the Township Engineer once
annually, with its recommendations to be followed as to liming, fertilizing
and seeding to produce cover crop that will prevent soil erosion.
A.
Nothing herein contained shall relieve a permit holder or his assignees
from complying with the terms and conditions of said permit or permits
or agreement pursuant to which said permit or permits were issued.
B.
Nothing contained herein shall be construed to relieve any person
of any more stringent or restrictive pro-vision of any federal, state
or local law or regulation.
C.
The permit holder shall furnish the Township Clerk with copies of
all licenses, permits and renewals required by federal, state and/or
local law for the mining operation, including, but not limited to
Soil Erosion and Sediment Control, Wetlands, Stormwater Discharge
and Stream Encroachments.
A.
This chapter shall be enforced by the Township Engineer, who shall
investigate any violation of this chapter coming to his attention,
whether by complaint or arising from his own personal knowledge. If
a violation is found to exist, or have existed, the Township Engineer
shall serve a written notice by certified mail, return receipt requested,
or personal service upon the permit holder, which notice shall require
the violation to be abated within a period of seven days from the
date of service thereof or within such lesser period of time as the
Township Engineer shall deem reasonable in cases where the danger
to public health, safety and general welfare is so imminent as to
require more immediate abatement. If such person fails to abate the
violation within the time specified, the Township Engineer shall notify
the Township Council and may prosecute a complaint in Municipal Court.
A.
The Township Council may suspend or revoke a mining permit for such
period as the Township Council may determine if it finds that the
permit holder has violated any term or provision of this chapter or
the permit, or an applicable statute of the State of New Jersey.
B.
Prior to suspending or revoking a permit, the Township Council shall
give the permit holder seven days written notice specifying the grounds
upon which the license is proposed to be suspended or revoked and
an opportunity to be heard.
A.
Any person who violates any of the provisions of this chapter or
who fails to comply with any requirements of this chapter shall, for
each such violation or offense, upon conviction thereof, be punished
by a fine of not less than $100 or more than $500 or imprisoned for
a term not to exceed 90 days, or both.
B.
No person shall be convicted of any violation of this chapter except
as hereinafter provided, unless a written notice specifying said violation
shall have been delivered or mailed, certified mail, return receipt
requested, to any of the following addresses and said person has failed
to remedy the violation within seven days from the mailing of or delivery
of said notice:
C.
No notice shall be required in connection with a violation of the Section 101-16 of this chapter.
D.
Each day's continued violation subsequent to the expiration
of the aforesaid seven days notice shall constitute a separate and
distinct offense of the provisions hereof.
E.
Upon three convictions in Municipal Court for violations of Sections 101-4, 101-17, 101-18, 101-19 and 101-20 which do not arise out of the same event, by the owner or permit holder, within three years of the first conviction, the permit holder shall show cause before the Township Council within 30 days of the third conviction why the permit issued should not be terminated and the permit holder should not be required to cease and terminate all mining operations and proceed to final-grade the excavated site in accordance with Section 101-20 of this chapter within 12 months after the termination of said permit.
[Amended 9-4-96 by Ord. No. 0-9-96-029A]
F.
Notwithstanding the provisions hereof, the Township may move, in
a court of competent jurisdiction, at any time for injunctive relief
to abate continuing violations of this chapter or for the revocation
of a permit issued hereunder.
Any applicant or permit holder may appeal to the Township Council
any decision of the Township Engineer by filing written notice with
the Township Clerk within 10 days of said decision. The Township Council
is hereby authorized and empowered in such cases to hear and fully
decide and dispose of such matters. The Township Council shall hold
a public hearing thereon and act upon the same no later than 60 days
after the notice has been filed, unless the Township Council and the
applicant consent to extend the time for such action.
No permit shall be issued or outstanding to engage in the business
of mining on lands for which the Township of Monroe may have an unpaid
bill for taxes, assessments or other municipal charges.
