This article may be known and may be cited as the "Pine Hill
Borough 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:
Shall mean the Borough of Pine Hill, Camden County, State
of New Jersey.
Shall mean the borough Clerk of Pine Hill or his designee.
Shall mean the borough council of Pine Hill.
Shall mean 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" included 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.
Shall mean 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.
Shall mean 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 Borough of Pine
Hill or in the office of the Camden County Register of Deeds.
Shall mean one who is issued a permit or a renewal permit
under the terms thereof.
Includes any person, firm, partnership, association, corporation,
company, or organization of any kind.
"Premises" shall mean one or more lots of 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 Pine Hill or in the office of the Camden County Register
of Deeds.
Shall mean both surface (topsoil) and subsoil, and shall
include dirt, stone, gravel, sand, humus, clay, loam, rock, ilmenite,
and mixtures of any of these.
The Borough of Pine Hill finds that for the public health, safety
and general welfare of its citizens, all resource extraction operations
are now prohibited throughout the Borough of Pine Hill. 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 Borough of Pine Hill if it complies
with the requirements set forth herein. Any renewal permit for existing
resource extraction operation shall be subject to the applicable licensing
requirements of this chapter.
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 borough council. 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.
Before the issuance or removal of a permit, the applicant shall
make application thereof to the office of the borough 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 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 ownership 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 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 Pine Hill Tax Map plate, block and lot number or numbers
where the excavation or soil removal is to be conducted.
d.
A map for the premises for which the permit is sought showing the
existing topographical contour lines of the land involved and abutting
lands and roads within 300 feet, showing the existing contour lines
of the land Involved In abutting lands and roads within 300 feet (at
one foot Intervals for slopes at 0% to 12% and at two feet intervals
for slopes 12% to 20% and at five feet intervals for slopes greater
than 20% and at two feet intervals for slopes greater than 12% on
U.S.G.S. datum at a scale no smaller than one inch equals 200 feet),
together with a copy of the United States Geological Survey Quadrangle
sheets showing topographical Information within one mile of the premises;
the proposed topographical contour grades at the same intervals noted
for the existing topography which will result from the intended soil
removal: All roads and buildings, streams and bodies of water within
300 feet of the premises; the names and addresses of adjoining landowners
within 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 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 excavation
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; outbounds and topographical survey by a New Jersey
licensed land surveyor; that the location of all wetlands within 300
feet of parcel and locations of all public and private wells within
1,000 feet of parcel; location of all buildings, lot lines, right-of-way
lines and storm drainage systems within 300 feet of parcel; the schedule
of removal and reclamation is to be included on the plan; soils maps
including soils type and descriptions; soil borings noting seasonal
high and ground water tables. 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 applicant 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.
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 and number of pieces of equipment and apparatus
to be used in the excavation and soil removal operations.
h.
A statement that the hours of operations will not exceed 7:00 a.m.
to 5:00 p.m. Monday through Friday. 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 borough council finds that the extraction
operation is within 1,000 feet of any existing residential premises
at time of approval; in which case these restrictions shall apply
to on-premises work.
i.
Proof of liability insurance coverage in amounts of not less than
$1,000,000 total for each accident causing personal injury and $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 council. This requirement
may be waived or otherwise reduced by the committee upon request.
j.
The applicant's best estimate of the total cubic yards of soil to
be removed pursuant to the permit, which must be completed by a New
Jersey licensed professional engineer.
k.
The applicant's best estimate for the period of time for which the
excavation of soil removal operations will be conducted and the removal
completed.
l.
(Reserved)
m.
(Reserved)
n.
(Reserved)
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.G. § 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.
b.
Implementation. To achieve the purposes in paragraph a, applicants
shall prepare environmental impact statement 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 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 statements 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)
6.
Environmental impact statements shall serve as the means of assessing
the environmental impact of proposed applicant's actions.
7.
All factual representatives contained in the statement shall be under
oath or affirmation.
c.
Timing. An applicant shall prepare and submit an environmental impact
statement with his application for renewal of a permit so that the
final removal statement is 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.
Recommended 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 shall be followed unless there is a compelling reason to do
otherwise:
f.
Cover Sheet. The cover sheet shall not exceed one 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, include what
impacts are to be addressed but not limited to air, noise, water supply
and quality, wildlife, vegetation, soil erosion, adjacent uses, traffic,
etc. and the issues to be resolved. The summary should normally not
exceed 10 pages.
h.
(Reserved)
i.
(Reserved)
j.
Affected Environment. The environment impact statement shall succinctly
describe the environment of the areas to be affected. Data and analysis
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.
k.
Unavoidable Adverse Impacts. This discussion shall 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.
4.
(Reserved)
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.
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 certain 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:
Each application for soil removal/resource extraction shall
be accompanied by a nonrefundable application fee in the amount of
$500. Said fee shall cover the cost of investigating and examining
the application and information therein, legal services, notices,
hearings, and other processing costs.
a.
The Borough Engineer shall issue a report to the applicant and to
the borough council 10 days prior to the hearing, regarding an escrow
account to be provided by the applicant to cover the costs of professional
services to be engaged by the borough council for the purposes of
reviewing applicants and issuing reports hereon. The Borough Engineer's
report shall include the following if the inspection is to be performed
by other than the Borough Engineer or a member of his staff:
b.
The professional services mentioned in paragraph a. above shall include
the Borough Engineer and any other planning or environmental professionals
deemed necessary by the council.
a.
The application, other required documents and the following accompanying
documents shall be filed with the borough Clerk:
b.
Within 10 days of the receipt of all of the above required reports
and recommendations, the borough Clerk shall fix the time, place and
date of public hearing to be conducted by the council upon the application
and shall notify the applicant thereof. The public hearing shall be
held within 30 days of the date of the issuance of notice to the applicant
to the borough Clerk.
c.
Also, in the event of such hearing, 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 borough at least 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 street address or general location. An affidavit
of advertisement shall be provided to the borough Clerk prior to said
hearing. Written notice, with proof of receipt shall be given to all
property owners within 200 feet.
a.
At the public hearing, the applicant shall have the right to present
testimony and further evidence and the council may receive testimony
and further evidence or information from any interested person and
reports from any borough official or employee relevant to the application
and the issuance of a permit.
b.
In considering and reviewing the application and in arriving at its
decision, the council 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 hereof, the following
factors:
1.
Soil erosion by water and wind.
2.
Drainage and sewer 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.
6.
Past and/or present violations of the applicant regarding violation
of any federal, state or municipal law, ordinance or administrative
regulation.
7.
Land value and uses of subject parcels.
8.
Past and/or present violations of the applicant regarding violations
of any federal, state or municipal law, ordinance or administrative
regulation.
9.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the borough and any
environmental impact thereon.
c.
If the council is of the opinion and determines that the proposed
excavations of 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 and will not adversely affect the water table
and/or existing aquifers, will not create any drainage or sewage problems
or other conditions of danger to life, personal safety or property,
then the council by resolution, shall 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 council may impose. If any application is so approved by the
council and the applicant complies with all other provisions of this
article, and further complies with any and all conditions imposed
by the council within 30 days of the imposition of said conditions
or within such other time limits as the council may impose, then the
borough Clerk within 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 council, then the borough
Clerk, within 10 days of such determination shall notify the applicant
in writing of such denial, together with the reasons therefor.
The council's resolution either approving or denying the permit
shall be in writing and shall set forth the council findings of fact
and conclusions.
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.
The permit shall be on a form approved by council. It shall
be dated as of the date it is actually issued by the borough Clerk
and shall be signed by the borough Clerk. The term of the permit shall
be two years. No permit shall be issued until copies of all other
necessary permits, from all other applicable review agencies have
been submitted and reviewed by the Borough Engineer.
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 unless otherwise approved by council.
a.
The permittee shall permit inspection of the premises for the purpose
of determining whether or not the permittee is in full compliance
with all applicable ordinances, statutes and relevant administrative
rules and regulations. Said inspections of the premises shall be permitted
to any reasonable time by such person or persons assigned to conduct
such inspections as set forth in the Borough Engineer's report. 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 borough.
b.
The inspector shall Issue an inspection report in writing to both
the council and to the permittee within 10 days of any inspection
pursuant to paragraph a. above.
Upon 10 days' notice and an opportunity to be heard before the
council, the permit of any person may be revoked or suspended for
such time or period as the council may determine for any violation
of the terms hereof or the terms and conditions of any permit granted
or issued hereunder or issued by other authority.
The hearing conducted pursuant to this section shall be held
not less than 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 borough council
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 council 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 the court.
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 Borough of Pine Hill shall be subject to a fine
of not more than $1,000 and/or imprisonment in the county jail for
not more than 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 judgement 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 applicants for resource
extraction permits shall meet all criteria set forth in the remaining
sections.
This article being necessary for the welfare of the Borough
of Pine Hill 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.
a.
Application for such permits shall be made in writing to the borough
council 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 inch to 400 feet, should be adaptable to the particular surroundings
and in general agreement with the borough master plan, when adopted.
The plan shall show the proposed treatment of the 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 by the applicant to faithfully conform and
comply with all applicable performance standards set forth in this
chapter at the time of the application. The borough council shall
require, as a condition of granting the permit, that the applicant
deposit, pledge or place in escrow or in some other satisfactory form,
with the 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. Security shall be
provided in an amount determined by the Planning Board engineer in
accordance with the plan of rehabilitation submitted to the borough
council. Security required shall be held or shall continue for the
term of the permit while the land is rehabilitated. Any promise of
security herein shall be terminated 10 days after the applicant or
others on his behalf shall have delivered to the borough council 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 Zoning Officer. Any security shall be so drafted
so that if the permit expires as provided herein and the site is not
rehabilitated within 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 borough, a performance guarantee
shall be required for all resource extraction operations.
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 200 feet
to the boundary of any zone where such operations are not permitted,
nor shall such extraction be conducted closer than 200 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 be conducted closer than 200 feet to the center of the right-of-way
line of any dedicated and accepted street, road or highway.
3.
Buildings shall conform to the schedule of minimum requirements for
established districts as set forth In the Zoning Ordinance of the
Borough of Pine Hill.
4.
Restriction of access. For any excavation within a one-fourth mile
radius of which there are any residential units and which excavation
results in or produces, for a period of at least one month, collections
of water or slopes at least as steep as 1 1/2 feet horizontal
to one foot vertical, there shall be placed a gate or full time guard
across all access roads to public highways.
5.
Roads. All access roads from extraction operations to public highways,
roads or streets 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 in substantial compliance with the
rehabilitation plan on file with the borough council.
2.
Dry pit rehabilitation. The dry pit may be backfilled with sand,
gravel, overburden, topsoll 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 the dry pit rehabilitation. In the alternative,
the wet pit may be converted into a lake, in accordance with the rehabilitation
plan approved by the borough council.
(a)
All banks shall be sloped to the water line at a slope which
shall not be steeper than four feet horizontal to one foot vertical.
(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 thickness of at least four inches.
(d)
The finished condition of the rehabilitated area shall be in
substantial conformance with the rehabilitation plan.
d.
Within the borough, 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:
2.
Be located on a parcel of land at least 20 acres.
3.
Provide that all topsoil that is necessary for restoration will be
stored on the site and will be protected from wind or water erosion.
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 onsite recharge to ground
water.
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 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 anticipated length of time that
each 20 acre unit of the parcel proposed for extraction will be worked.
9.
Not Involve clearing adjacent to ponds in excess of 20 acres or an
area necessary to complete scheduled operations or will not Involve
unreclaimed clearing exceeding 100 acres or 50% of the area to be
mined, whichever is less for surface excavation at any time.
10.
Involve restoration of the 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 years and tree cover established within three years after
resource extraction is completed for each portion of the site mined.
(b)
Restoration shall proceed in the same sequence and time frame
as set out in the extraction schedule required in paragraph 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, and the slope
of surface of restored surfaces shall not exceed one foot vertical
to three feet horizontal except as provided in this paragraph d, 10.
(d)
Topsoil shall be restored in approximately the same quality
and quantity as existed at the time the resource extraction operation
was initiated.
(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 graded shore line with a slope not to exceed one foot
vertical to eight feet horizontal.
(g)
All equipment, machinery and structures, except for structures
that are unusable for recreational purposes or any other use authorized
in the area, shall be removed within six 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.
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 Pine Hill, which body
shall consider such problems as may arise under this chapter, and
shall, subsequent to such consideration, make recommendations to the
borough council in connection with any action to be taken, which recommendations
may include the advisability of the granting of a waiver or waivers.
The borough council shall in no way be bound by the recommendations
of this board, which shall at all times act exclusively in an advisory
capacity.
