Township of Millstone, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 86-03, § 39-1]
a. 
The unregulated and uncontrolled removal, relocation, filling and excavation of soil by the owners of property within the Township are likely to result and have resulted in conditions detrimental to the public health, safety and general welfare of the citizens of the Township. The unregulated and uncontrolled removal, relocation, filling and excavation of soil in, on or from lands within the boundaries of the Township will create one or more of the following conditions: a serious erosion by wind and water; inadequate and improper or complete lack of surface water drainage; a decrease in or destruction of the fertility of the soil; the removal of lateral support of abutting streets, lands and premises; the creation of excessive amounts of dust and the deposit of such dust and siltation on adjoining property; the deposit on the streets of the Township of large quantities of mud, dirt, or dust; the deterioration of adjoining property values; the rendering of lands unfit or unsuitable for their most appropriate uses; and other conditions hampering and interfering with the coordinated and harmonious physical development of the Township.
b. 
The removal of and stripping of soil, sand, gravel, subsoil earth, clay, loam, or dirt from areas of the Township other than those zoned to permit mining and similar operations are creating and have created conditions detrimental to the health and welfare of the citizens of the Township.
c. 
Such operations are for the most part largely of a commercial nature and are not essential to the development of the property or properties involved for a use which is permitted by the Zoning Ordinance of the Township.
d. 
Such stripping and removal operations are denuding the areas involved of all trees, underbrush, natural vegetation, and topsoil and are creating problems of erosion, siltation, dust and drainage, all of which are detrimental to adjoining lands as well as to the health of the citizenry.
[Ord. No. 86-03, § 39-1.1]
a. 
Soil removal projects that involve major land disturbance should be planned and designed with soil erosion and sediment control in mind. The subsequent reduction of soil, losses on soil removal sites and the reduction of associated damages from sedimentation will result in substantial savings to the community and to the developer as well as providing for enhancement of the environment. The contractor who controls soil erosion in the process of soil removal will also promote good will in the community.
b. 
While erosion and sedimentation controls are important on all sites, particular attention should be given to areas of steep topography and highly erodible soils. The larger the disturbed area and the longer it is left unstabilized, the more serious the problem becomes.
c. 
Natural vegetation covers and protects most of our lands from erosion. Its removal necessitates application of alternative protective measures. Establishment of mechanical structures engineered to control water runoff, the application of artificial protective cover or the rapid re-establishment of vegetation are among the methods which are suitable to control erosion and sedimentation.
[Ord. No. 86-03, § 39-1.2; Ord. No. 94-10, § I]
As used in this chapter:
ENGINEER
Shall mean the consulting engineer appointed by the Township Committee to review, enforce and inspect mining applications within the Township.
EXCAVATOR
Shall mean any person engaged in the moving, removal or excavation of soil or topsoil from, in or upon any land in the Township.
MINING
Shall mean an extraction process involving the removal of soil, sand, stone, clay, gravel, topsoil, peat, and other organic or inorganic or mineral materials, and/or removing it from the mining site, subject to the exemptions provided for in subsection 22-9.2 hereinafter.
MOVE
Shall mean to dig, excavate, remove; to deposit; to place and to fill; to grade, regrade, level or otherwise alter or change the location or contour; to transport and to supply. See exclusions as more particularly set forth in Sections 22-7 and 22-9.
PREMISES
Shall mean the land which a person has a right to mine by virtue of a valid nonconforming use or by ordinance or resolution.
[Ord. No. 86-03, § 39-2; Ord. No. 02-03, § II]
Mining is prohibited in the Township. On sites where mining operations existed prior to enactment of the Township's Land Development Ordinance, mining may continue by permit as a preexisting nonconforming use, subject to the conditions of this chapter. An application for a mining permit, shall be submitted in accordance with this chapter to the Township Committee. Upon approval of an application by the Committee and compliance with all the conditions thereof, the Township Clerk may issue a mining permit. Permits shall be valid for a maximum period of two years. All permits shall expire on the second June 30 after such permits are approved by the Township Committee unless an application for renewal or an extension of the period of the existing permit is approved by the Committee, or the Township Committee sets a different expiration date based on the time period consumed in the application process.
[Ord. No. 86-03, § 39-3; Ord. No. 91-05, § 2; Ord. No. 94-10, § I; Ord. No. 94-15, § I; Ord. No. 95-18, § I]
a. 
At the time of submission of an application the following fee must be paid to the Township:
1. 
Biannual application and review and removal fee: See Section 5-22.
2. 
The biannual review fee shall be used to cover expenses related to administrative, engineering and legal services required in reviewing an application.
b. 
After the approval by the Township of the mining permit, the applicant must post the inspection fees specified in Section 5-22 before any mining operations begin or permit is signed by the Township Clerk.
[Ord. No. 86-03, § 39-4; Ord. No. 87-18, § 1; Ord. No. 94-10, § I; Ord. No. 94-15, § I; Ord. No. 95-18, § I; Ord. No. 02-03, § II]
The following information shall be provided by the applicant:
a. 
Name and address of the person or persons who own the land on which the mining operation is conducted.
b. 
Tax Map sheet, block and lot number of the land on which the mining operation is conducted.
c. 
Name, address and emergency telephone number of following representatives to be involved with the implementation of the approved mining activity:
Applicant.
Field Supervisor.
Excavation Contractor.
Dust Control Contractor.
Roadway Cleaning Contractor.
Traffic Safety Coordinator.
Expected Hauling Contractor(s) as known at time of submittal.
d. 
Proposed date of commencement and completion of mining, proposed daily hours of mining, proposed minimum, median and maximum expected volume of daily mining, and proposed total volume of mining. The volumes shall be expressed in terms of cubic yards and vehicles per time interval. These values are required for estimating the nature of the mining operation and not to be utilized in the determination of fees.
e. 
Eight copies of a Master Mining Plan and detailed Mining Plan updated every two years shall be filed with the Township Clerk drawn by a licensed surveyor/licensed engineer to a scale of not less than one inch to 100 feet, showing:
1. 
Items in paragraphs a, b and c above.
2. 
Property or boundary survey of the land being mined, including bearings and distances.
3. 
Existing and proposed topography, including a distance of 200 feet around the subject premises. Topography shall be shown with contour line intervals represented as follows:
Slope
Contour Interval
Less than 3%
1 feet
Steeper than 3% less than 4'H:1'V
2 feet
Steeper than 4'H:1'V
5 feet
Calculating existing and proposed spot elevations accurate to 1/10 of a foot shall be provided at all grid intersections based on a 100-foot grid for the purpose of volume calculation unless other methods of volume calculation acceptable to the Township Mining Engineer are provided. Where access to adjoining lands is not permitted, the contour lines of the perimeter lands shall be taken from the available State of New Jersey or United States Coastal and Geodetic Survey Map of the particular area at the discretion of the Township Mining Engineer.
4. 
The location and elevations, if applicable, of all existing buildings, structures, potable water sources, streets, streams, bodies of water, watercourses (natural or artificial), wetlands, stream encroachment limits, septic fields, subsurface pipes and tanks on the subject premises. The location of any off-site wetlands within 200 feet of the subject premises based upon published State of New Jersey Department of Environmental Protection and Energy wetlands maps and FEMA flood hazard lines within 200 feet of subject premises.
5. 
All existing and proposed water drainage conditions and provisions therefor.
6. 
All wooded areas.
7. 
The quantity, in cubic yards, of the soil and other material extracted in the previous year and the estimate of the soil and other material to be extracted throughout the useful life of the mining activity.
8. 
The average depth of topsoil as determined by taking borings in representative quantities.
9. 
The grades of all abutting streets and lands. It is the intent that the finished grade will not be lower than the abutting streets. In the event that there is any doubt as to what the elevation should be, the Township Engineer would be responsible for making that determination.
10. 
Proposed slopes and lateral supports at the limits of the area upon completion of the proposed work.
11. 
The proposed details of entry and egress for surface water drainage and of any streams, bodies of water and watercourses, natural or artificial.
12. 
Location and description of permanent monuments for property corners and bench marks.
13. 
United States Coast and Geodetic vertical control point.
14. 
A master plan of the mine shall be provided depicting the existing topography prior to mining of the site and as well as the proposed final grades upon total completion of mining activities for the subject premises, in order to evaluate pre-disturbance versus post-disturbance conditions. In the event that pre-disturbance topography is no longer available, data shall be taken from available State of New Jersey or United States Coastal and Geodetic Survey Maps of the particular area. The detailed Mining Plan shall include a phasing sequence indicating the order of disturbance of each 15 acre disturbance limit and their respective volume of removal. Topography shown on the detailed Mining Plan shall depict existing surface conditions as of the time of the submitted application as well as the proposed mining topography based on the volume of removal contained on the application form. The removal shall proceed in such a fashion that the proceeding phase of mining will be progressively restored including four inches of topsoil, seeding, final grading and reforestation in accordance with Section 22-7r as mining on the subsequent phase commences. At no time shall the area of unrestored ground disturbance exceed 15 acres.
f. 
A description of the proposed type of mining operation including type of materials to be excavated, listing and weights of various excavation and processing equipment to be used during the removal process, traffic protection measures and detailed specifications of material removal and stabilization in accordance with the Mine Safety Act of New Jersey; the Mine Safety and Health Act of 1977, as amended and supplemented from time to time; other applicable Federal mining standards; and the Occupational Safety and Health Administration Standards, to the extent applicable. Mining below the seasonal high groundwater table is prohibited unless documentation and/or calculations are provided indicating that same will not adversely affect environmental and safety considerations of the subject and surrounding premises to the reasonable satisfaction of the Township Mining Engineer.
g. 
Mining permits shall be issued in compliance with the requirements of this chapter.
h. 
Proof of posting performance or maintenance guarantees with the Township shall be required before a resolution is adopted permitting mining. Failure to have a valid letter of credit when required shall be cause to revoke an existing and current mining permit.
i. 
No mining permit will be issued until the applicant has submitted proof that it is current in the payment of real estate taxes on the subject property.
j. 
When an applicant intends to engage in mining activity on lots not previously used for such a purpose, (last approved mining permit will dictate what lots are considered land previously mined) an Environmental Impact Statement (E.I.S.) shall be filed with the Township Clerk, as part of the application process, which statement shall contain the following information:
1. 
Description of the mining site.
2. 
Existing conditions of the site and effected offsite areas shall be surveyed and described in terms of the environmental features of the property. The description shall set forth information relating to the topography, surface water bodies, soils, geology, ground water, vegetation, wild life and archaeological and historic features of the site and effected offsite areas. Existing forest vegetation shall be classified by types and classes of vegetation and wild life at the site and effected offsite areas. Current land use of the site and effected offsite areas within 500 feet of the mining site must be indicated on a separate attached map. The description and analysis must set forth anticipated noise levels to be generated through mining at the site and the impact of such noise upon adjacent areas within 500 feet of the mining activity.
3. 
A description of the estimated average rate and quantity of stormwater runoff and the receiving body or bodies of such runoff from the site under original, natural conditions, and from the site during and after the mining activity. The statement shall discuss the reasons for any increase or decrease in the anticipated velocity runoff under the mining activity and any plans for onsite retention or other techniques that are proposed for use to minimize peak storm flows and resulting down stream flooding.
4. 
The statement shall contain a listing of all environmental protection measures which will be outlined to avoid or minimize adverse effects on the natural environment of the site and offsite affected areas during and after mining activity.
5. 
The statement shall contain a summation of the potential adverse environmental impacts which cannot be avoided should the mining permit be granted. Distinctions should be made between short term and long term impacts on critical areas which include, but are not limited to, streams, floodways, wetlands, slopes of 20% or greater, highly acid or highly eroded soils, areas of high water table, aquifer recharge areas and mature stands of native vegetation, specifying the type of adverse impact involved, the extent of same, and the extent to which said adverse impact will affect adjoining areas, in terms of short or long term, reversible or irreversible effects.
k. 
The E.I.S. statement shall be submitted to the Township Environmental Commission for review and comment prior to the approval or denial of a mining permit. No mining permit shall be approved where long term and/or irreversible impacts shall affect critical areas, as defined hereinabove, at the site or affected offsite areas, if the mine activity is permitted.
l. 
Three copies of the E.I.S. statement and three copies of the map referred to in paragraph e are required by the Environmental Commission, in addition to the eight copies required by the Township Committee.
m. 
The E.I.S. statement shall be updated and resubmitted with each biannual application for renewal of the mining permit.
n. 
The applicant shall provide proof of approval from other governmental agencies which have jurisdiction over proposed activities on the subject premises.
o. 
The following information shall be shown on the proposed Mining Plans:
1. 
North arrow and graphic scale.
2. 
Proposed location of haul roads to be utilized when transporting mined material, and equipment to be utilized in the mining operation. Alternate haul routes may be requested for approval.
3. 
Location, designation of material type and volume of all proposed topsoil stockpiles and aggregate stockpiles, equal to or greater than 15 feet in height, 1,200 c.y. of volume or 2,000 tons in weight.
4. 
Location of interim and permanent traffic and safety measures within and adjacent to the mining premises.
5. 
Volumes and listing of individual aggregate and topsoil materials as well as volume of additional topsoil to be imported to the site to provide a four inch restoration thickness to the disturbed area.
6. 
Location and topography of all proposed sediment basins, detention basins, appurtenant structures and subsurface piping.
7. 
Location of existing and proposed perimeter staking of detailed Mining Plan Phase Limits. If the mining phase comes within 100 feet of a buffer or property line then either the buffer or property line shall be staked. All staking shall be at 200-foot intervals.
8. 
Key Map of site at a scale of not less than one inch equals 2,000 feet, depicting the proposed haul route for removal of soil and entrance of trucks to the site within the Millstone Township boundaries.
9. 
Names and addresses of current property owners within 200 feet of the mining premises as shown on the Township tax records.
10. 
Soils limits and classifications in accordance with current Monmouth County Soils Maps on the Master Mining Plan.
p. 
The following information shall also be provided with the application for mining:
1. 
Hydrologic calculations for proposed mining activities evaluating site runoff prior to mining, at the point of maximum disturbance and following proposed restoration of the site. Stormwater Management facilities shall be evaluated for the two-, ten- and twenty-five-Year Storm Event for annual disturbance plans and for the two-, ten-, twenty-five- and One-hundred-year Storm for the Master Plan. Basins shall be designed within minimum 2% and maximum three feet horizontal to one foot vertical slopes. Earth berms shall provide a ten-foot top width and minimum one-foot freeboard from the maximum applicable storm event water surface. Emergency spillways shall provide capacity for 150% of the peak basin outflow for the maximum applicable storm event.
2. 
Hydraulic calculations for all proposed basins, structures, storm drainage piping and existing public drainage structures or streams within 500 feet of the premises to evaluate the effect on same during mining activities and following land restoration.
3. 
Soil boring logs to an elevation 10 feet below the proposed mining level or other information acceptable to the Township Mining Engineer sufficient to determine the seasonal high water table that may be affected by the annual mining limits, such as, but not limited to, soil logs, test pits, surrounding property well logs. The quantity of soil borings required will be at a rate of one boring per five acres of disturbance considered for the application, unless the Township's Mining Engineer shall reasonably determine that a greater number of soil borings are necessary.
4. 
A Traffic Safety Plan specifying the proposed method of insuring the safety of the public relative to all aspects of the mining operation.
5. 
Structural calculations for slope stability related to adjacent public roads, to resist forces related to vehicular traffic and basin embankments to resist forces related to water impoundment. If deemed necessary by the Township Mining Engineer, structural calculations for the excavation embankments may be required.
6. 
Proof of General Liability Insurance.
7. 
Statements or plans from appropriate professionals to determine the limits or absence of freshwater wetlands and stream encroachment limits on the subject premises.
[Ord. No. 86-03, § 39-4.1]
An application for the issuance of a mining permit shall be filed with the Township Clerk not later than 30 days before the hearing which is the first Township meeting in June.
[Ord. No. 86-03, § 39-5]
The owner of the mined premises shall notify the Township Clerk, in writing, within 30 days of termination of all mining operations on the property. In addition, upon written request, the owner of the mined premises shall file a written statement under oath with the Township Clerk stating whether or not the mining operation of a premises or portion of the same has been terminated. In the event the same is not filed within 30 days after delivery of the request pursuant to this section, the mining operation on said premises or portion thereof shall thenceforth be deemed terminated. The said written request may be hand delivered or mailed by certified mail, return receipt requested, to any of the following addresses: the actual address of the owner of the premises; the address appearing on the most recent information submitted to the Township Clerk; or to the registered agent, if the owner is a corporation. Mining operations not renewed by application as provided for within three months after expiration of the current permit shall be deemed terminated.
[Ord. No. 86-03, § 39-6; Ord. No. 94-10, § I; Ord. No. 94-15, § I; Ord. No. 95-18, § I; Ord. No. 98-19, § I; Ord. No. 99-15, § I; Ord. No. 02-03, § II]
a. 
Engineer. The Engineer shall enforce the provisions of this chapter. He shall, upon his own initiative, and whenever directed by the Committee, inspect the premises for which permits have been granted to ensure compliance with the terms of the permit and of this chapter. He shall report all violations to the Committee and take any action deemed necessary in the circumstances. The Engineer shall submit when requested a written report to the Township Committee specifying whether or not and in what manner the provisions of this chapter and of the Zoning Ordinance and of other applicable ordinances or resolutions are being followed.
b. 
Inspection. For the purpose of administering and enforcing the provisions of this chapter, from a technical standpoint, the Township Mining Engineer shall have the right to enter the land where approved mining operations are being conducted in order to examine and inspect the land and the operations. Nothing herein shall be construed as limiting the power of any Township enforcement officials from entering lands and enforcing ordinances. Frequency of inspections shall be determined by the Township Mining Engineer but not less than four times per year. Quarterly inspections shall be performed by the Township Mining Engineer in the presence of a representative of the mine operator and a report regarding same submitted to the Township Committee.
[Ord. No. 86-3, § 39-7; Ord. No. 87-18, § 1; Ord. No. 94-10, § I; Ord. No. 94-15, § I; Ord. No. 95-18, § I; Ord. No. 98-19, § II; Ord. No. 99-15, § II; Ord. No. 09-13, § I]
a. 
The operator shall not create sharp declivities, pits or depressions or by reason of the mining cause soil erosion, drainage or sewerage problems or other conditions of danger. At no time will a slope greater than two feet horizontal to one foot vertical be left unfenced (snow fence unless otherwise specified by the Township Mining Engineer) during hours of non-operation.
b. 
If permission to remove any natural deposits shall be granted, the owner or person in charge shall conduct the operations in such a manner that the area shall be properly leveled off, cleared of debris, and graded. All operations shall conform to standards set forth by the Mine Safety Act of New Jersey; the Mine Safety and Health Act of 1977, as amended and supplemented from time to time; other applicable Federal mining standards; and the Occupational Safety and Health Administration Standards, to the extent applicable.
c. 
The owner of the premises, or the person in charge of the removal of any natural deposit, shall not take away the top layer of arable soil (topsoil) but such layer of arable soil shall be set aside for retention on the premises and shall be respread over the premises when the allowable natural deposit has been removed. Disturbed areas shall be provided with a minimum four inch thickness of topsoil for restoration purposes and topsoil shall be imported to the site as necessary to provide same.
d. 
Any performance guarantee filed with the Township shall not be discharged or released until all conditions of any resolution and the requirements of all Township ordinances have been met.
e. 
In the case of any open excavation, there shall be a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located, and such fence shall be located at all points 40 feet or more distant from the edge of such excavation.
f. 
The owner or operator shall construct and maintain an earth bank or berm and do whatever is necessary to prevent any erosion that may occur from being carried either onto Township roads or property of others during the extent of the removal operation.
g. 
If the removal extends over more than one planting season (April 15 and September 15), the owner shall replace the 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 shall be tested by the United States Department of Agriculture or other similar agencies approved by the Township Mining Engineer with recommendations to be followed as to liming, fertilizing, and seeding to produce a cover crop that will prevent soil erosion. See paragraph r for restoration requirements.
h. 
Trees, stumps, trunks, and limbs may be disposed of on the site by chipping.
i. 
All operations are subject to inspection by the Township Mining Engineer who shall have the authority to cause and direct that the operation cease at any time and for whatever period he may determine, up to five days, when, in his opinion, there is substantial risk of irreparable damage to the public health, safety and welfare. Simultaneously with giving the mine operator notice of such closure, the Township Mining Engineer shall specify in writing to the mine operator each and every reason for the closure and the corrective action which is necessary for the closure order to be withdrawn. Such written notice shall also specify the time and place within five days, that the Township Committee will consider the Township Mining Engineer's findings and will determine if the closure order shall continue. The mine operator shall have the right to be heard before the Township Committee. In all other cases, when, in the Township Mining Engineer's opinion, abnormal damage to Township roads is being or is likely to be done, or the operation or any phase or part of it is detrimental to the public health, safety, and general welfare or the operation is being conducted in violation of this chapter or any resolution, the Township Mining Engineer shall recommend that the Township Committee schedule a hearing of which the mine operator shall be given at least 10 days' advance notice, to determine if the mine permit should be suspended.
j. 
The Township may require the operator of any mining operation to enter into an agreement whereby the operator or contractor shall agree to repair or maintain any Township roads which suffer damage as a result of the mining operation and/or by its vehicles passing over Township roads in connection with the mining operation. Failure of the mine operator/owner to enter into an agreement to repair the roads will not result in any adverse effects on the mining operation including but not limited to any effect on permit renewal or the amount of a performance guarantee. Nothing herein shall be construed as preventing the Township from initiating an action against a miner or mine owner to compel entry into such agreement based upon demonstrable and causally related destruction or deterioration of municipal roadways.
k. 
The Township may require that access roads used by the contractor or operator of the mining operation be provided with a dustless surface prior to the commencement of any mining by the applicant, and be maintained during the course of actual mining operations.
l. 
Between May 1 and September 30, any water which has collected on mining premises shall be treated in accordance with standards approved by the Monmouth County Mosquito Control Commission to prevent breeding of mosquitoes. The mining operation shall proceed in a fashion as not to allow the collection of standing water in areas other than designated detention or sediment basins.
m. 
No mining operations shall be conducted between the hours of 6:00 p.m. and 6:00 a.m., and no trucks shall arrive at the mining site before 6:00 a.m. unless they were stored at the site overnight; except that if the Township Committee shall determine that health, safety and welfare require, an agreement may be entered into between the mining operator and the Township providing for an earlier starting time upon such terms and conditions to be set forth in such agreement. No mining shall be conducted on Saturday, Sunday or holidays, except:
1. 
After written permission of three Township Committeemen upon a finding after written application that an emergency exists.
2. 
By persons using the sand or gravel for home or property repairs.
n. 
Upon termination of a mining operation, the surface 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. Permanent stormwater management facilities in accordance with current Township construction standards shall be provided if deemed necessary by the Township Mining Engineer during mining or following land restoration.
o. 
Speed limits of vehicles used by operators shall at all times be observed. Continual violations shall be considered cause for suspension of a mining permit.
p. 
All interim slopes maintained during construction shall be a maximum of two feet horizontal to one foot vertical unless specific soil stability calculations indicate the need for a less severe slope for a particular material within the operation. The maximum allowable slope for master mining and detailed Mining Plan, proposed grades, areas adjacent to roadways, haul roads, tract limits within 200 feet of structures and proposed final grades shall be 2 1/2 feet horizontal to one foot vertical unless specific soil stability calculations indicate the need for a less severe slope for a particular material. The minimum slope for master Mining Plans shall be 2% and detailed Mining Plans shall be 1% in order to insure positive drainage mined. Any mined 2:1 slope stabilized prior to adoption of this paragraph may remain until same is further disturbed by mining activities.
q. 
Where operations are continuing on a daily basis, no pit face shall be higher than 15 feet, otherwise the slope of the face must be graded to two feet horizontal for one foot vertical. Existing areas that have been restored prior to June 1, 1994 in accordance with previously approved Mining Plans shall be subject to approval by the Freehold Soil Conservation District until such time as further mining will propose disturbance of same. No slope greater than two feet horizontal for one foot vertical shall be left unattended without installation of protective fencing (snow fence unless otherwise specified by Township Mining Engineer).
r. 
The applicant shall be required to section the property which is the subject of his permit into areas of not more than 15 acres and to schedule the work of mining so that the operation conducted shall not expose more than 15 acres at any one time in accordance with the approved detailed Mining Plan. The area where mined material is processed and/or washed shall not be considered part of the mining operation and therefore can be located outside of these 15 acres. Vegetative restoration may include, but not be limited to, the placement of four inches of topsoil; addition of soil amendments, i.e. lime, fertilizer, etc., as may be required on a site by site basis; establishment of a vegetative groundcover and the placement of seedling trees (twelve-inch minimum height). Interim soil erosion and sediment control measures shall be placed during the restoration phase. Species of seedlings and type of vegetative groundcover shall be reviewed on a site by site basis. Seedling quantities shall be determined from an overall grid spacing of six feet on center over the entire area to be restored. Exact placement of seedlings shall be determined in the field by the Township Mining Engineer. A minimum of two species of seedlings shall be utilized. Restoration as used herein shall be defined as installation of topsoil, hydro-seeding and planting vegetation, and shall be subject to review and approval by the Township Mining Engineer. Soil erosion and sediment control measures shall be subject to review and approval by the Freehold Soil Conservation District. The applicant shall be responsible for the successful restoration of the site by these measures and any others as may be required to establish a nonerosive and environmentally compatible vegetative cover.
In the event that a section cannot be closed due to grading and soil removal constraints, temporary vegetative stabilization will be provided. Any section that has or is anticipated to remain inactive for a period of eight months shall be seeded with a suitable seed mixture for the site's pH soil conditions and fertilizer requirements.
s. 
The mine operators or any of their agents or employees and independent contractors or any of their agents or employees when traveling to and from the premises in vehicles which are used to transport mined materials, whether such vehicles are loaded or empty, shall only use those roads designated in the resolution granting the permit. Copies of the resolution shall be distributed by the mine operator to all his employees and independent contractors and their employees or agents entering and leaving the mine area transporting mined materials. A copy of the resolution shall be posted by the mine operator in a conspicuous place on the mining premises.
t. 
No mining activity shall be undertaken on property not previously disturbed by mining activity within 40 feet of the property line of such property. The property buffer, hereby established, shall be maintained in a natural state, except for such access roadway approved by the Township Committee on the site map submitted pursuant to subsection 22-4.1 hereinabove. In addition, no mining activity shall be conducted within 200 feet of any dwelling, house, place of residence, church, school, restaurant or other place of public or quasi-public assembly or service. Buffer requirements may be reduced or eliminated prospectively by documented approval from the Township Committee. Clearing of vegetation within 100 feet of a buffer limit shall be approved and witnessed by the Township Mining Engineer.
u. 
Where six or more trucks per day shall be transporting mined material from the mine, the operators shall cause flagmen and traffic control devices to be present on the roadway where the truck exits the mine. The flagman shall direct the truck(s) to stop and yield to roadway traffic in accordance with the approved traffic control plan.
v. 
Mine operators shall be responsible for cleaning and sweeping the roadway at the entrance and exit of the mine to avoid the accumulation of debris and to maintain the road in a clean and safe condition. If the mine operator does not respond to direction by the Township Mining Engineer to clean or repair a portion of roadway at the entrance and/or exit affected by this operation in a timely manner sufficient to insure the public safety and well being, the Township will undertake action to insure the immediate rectification of the deficiency. The Township will then be reimbursed by the mine operator for all expenses incurred as a result of the emergency action within 30 days. Failure of the mine owner/operator to reimburse the Township within the time provided may result in the Township initiating action against the mine owner/operator to compel such reimbursement.
w. 
The mine operator shall cause to be posted in a prominent location and shall distribute to all their employees, agents, or independent contractors, who transport mined materials, diagrams indicating the approved routes and/or alternate routes as set forth in the resolution granting the mining permit, which routes are to be utilized by vehicles transporting mined materials from the mine site.
x. 
All trucks transporting mined materials shall prominently display a number 10 inches high on each side and on the back thereof the name of the mine, of the transporting agent and mine operator for which he is hauling. Visible markings shall mean lettering not less than three inches high. Alternatively, the mine operator will supply information to the Township to provide for ease of identification of haul contractors.
y. 
The excavating operation shall be conducted so that the noise from trucks or equipment on site will not be a source of annoyance or discomfort to the Township and shall conform to maximum levels as set forth in subsection 35-43.5 of the Millstone Township General Ordinances, as approved by the appropriate officials within the Department of Environmental Protection, or such other State agency as may exercise control over such ordinances.
z. 
On any day of a mining season that mined materials are to be transported from the mine by six or more vehicles operated by agents, employees or independent contractors of a mine operator, the mine operator or his agent shall notify the Township Mining Engineer and Township Constable or Zoning Officer prior to the transporting of the mined materials from the site.
aa. 
Any mining which shall occur below the proposed final grades upon total completion of mining activities for the subject premises as indicated on the master mining plan submitted on the operator's mining application (hereinafter such mining below final grade to be referred to as "overexcavation") may only be undertaken if executed in strict compliance with the following standards:
1. 
Prior to undertaking any overexcavation, the mine owner or operator shall file an updated interim mining plan showing the area of planned overexcavation and depicting the location and results of each soil boring as required in paragraph 2 below.
2. 
There shall be maintained a minimum of a four-foot separation from the level of the overexcavation and the seasonal high water table. In assuring that this standard is observed, the operator shall cause soil borings to be taken at intervals of at least one soil boring for every two acres of overexcavation; however, there shall be at least one soil boring in each overexcavation area, existing soil borings may be used toward satisfaction of this requirement.
3. 
Except as otherwise set forth in this paragraph aa, the owner and operator shall comply with all of the mining regulations set forth in Section 22-7a-z.
4. 
Not more than five acres (whether or not contiguous) may be simultaneously overexcavated in any mining operation.
5. 
As overexcavation is completed in an area, the overexcavated area shall be filled to required grade shown by the approved mining plan, with suitable materials. Organic materials and non-soils material shall not be deemed suitable. Notwithstanding the foregoing fill material standard, the upper portion of the overexcavated area shall comply with the standard established in Section 27-7c or the BOCA Building Code, whichever is more stringent.
6. 
The required compaction of the fill material shall be the less restrictive of the following:
(a) 
95% of the modified proctor density; or
(b) 
The in-situ density of the material which was removed during the overexcavation. In the event of contention concerning the in-situ density, it shall be presumed that the in-situ density of the undisturbed area immediately adjacent to the overexcavated area is the appropriate density. All testing to determine compaction densities shall be witnessed and reviewed by the Township's Mine Engineer in accordance with all applicable municipal, County, State and Federal regulations.
7. 
The mine operator or owner shall prepare and file with the Township Mine Engineer an as-built mining plan upon completion of the mine activity.
[Ord. No. 86-03, § 39-8; Ord. No. 87-18, § 1; Ord. No. 94-15, § I; Ord. No. 95-18, § I]
a. 
No mining permit will be issued until the applicant has posted a performance guarantee with the Township in an amount and form acceptable to the Township. At least 50% of the performance guarantee shall be posted by Letter of Credit; the remainder may be satisfied with a performance bond, unless the mine operator has requested and received permission from the Township Committee to post another form of performance guarantee. The performance guarantee shall specifically state that it is intended for the purpose of ensuring compliance with all requirements set forth in Section 22-7, Mining Regulations, and Section 22-8. The approved form of Letter of Credit may be secured from the Township Attorney's office.
b. 
When the applicant is not the owner of the land, it shall be required that the owner or owners join with him and be named as a principal on the performance guarantee.
c. 
In the event that title to the property is transferred, conveyed or changed by operation of any law, an amended application shall be filed reflecting any changes in title, and the performance guarantee shall be changed to include any new owner of the lands named in the mining application.
[Ord. No. 86-03, § 39-9]
Nothing herein contained shall relieve the holders of any mining permit or permits or their assignees from complying with the terms and conditions of the permit or permits or agreement or resolution pursuant to which the permit or permits were issued.
[Ord. No. 86-03, § 39-9.1; Ord. No. 94-10, § I]
a. 
This chapter shall apply to all existing (conforming or nonconforming) soil removal operations.
b. 
All existing soil removal permits, upon expiration, shall require application under Subsection 22-4.2 of this chapter.
c. 
Fees for existing soil removal permits, when made under this chapter shall be in accordance with Section 22-3 of this chapter.
d. 
This chapter shall not apply to the removal of soil for building excavation, construction or repair of a private sewerage disposal system, or landscaping. This ordinance shall not include plowing, spading, cultivating, harrowing or discing of soil or any operation usually associated with the tilling of soil for agricultural or horticultural purposes. This chapter shall not include any operations for the purpose of soil and water conservation as defined or prescribed by the Soil Conservation Service of the United States Department of Agriculture. Nothing contained in this ordinance shall conflict with the present or future zoning of the Township and, in the case of a conflict, the Zoning Ordinance shall prevail. This chapter shall not apply to the removal of excessive soil resulting from construction. No permit shall be required in connection with the removal of excess soil resulting from the construction or alteration of a building, structure or off-street loading or parking area on such premises and new streets, roadways or driveways and excavation or grading incidental thereto.
e. 
The extraction of soil and related materials on a property within an area of one acre or less in conjunction with the use of property for residential purposes other than that which was required as part of a subdivision application approval by the Township.
[Ord. No. 86-03, § 39-11]
a. 
The Township Committee may, in its discretion, refuse to renew or revoke or may suspend, after notice and hearing, any mining permit for any of the following reasons:
1. 
Any fraud, misrepresentation or false statement contained in the application for the permit.
2. 
Any violation of this chapter.
3. 
Violations of any of the regulations for mining under Section 22-7.
4. 
Conducting the business permitted under this chapter through the mining operator himself or any of his agents, servants or employees in any unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the general welfare of the public.
b. 
Notice of a hearing for revocation, refusal to renew or suspension of mining permits shall be given in writing by the Township Clerk, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed by certified mail to the mine operator at his address indicated in his license application or served upon him personally at least five days prior to the date set for the hearing. A hearing for failure by the Township to renew a mining permit because of an incomplete application shall be granted only at the request of the applicant, in writing to the Township Committee.
c. 
In addition to the above provisions for revocation, a complaint may be made in the Municipal Court by any taxpayer, resident, police officer or constable for any violation of this chapter or any paragraph or provision thereof. Upon conviction in such case for each and every violation, the person committing, taking part or assisting in the violation shall be liable to the penalty stated in Chapter 1, Section 1-5. Each day that a violation is permitted to exist shall constitute a separate offense. The individual, firm or entity that obtains the mining permit shall be responsible for any acts committed after the issuance of the permit in violation of this chapter. No permit holder may assign or lease or sublease the mining permit or such permit holder's responsibilities under this chapter.