[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:
Shall mean the consulting engineer appointed by the Township
Committee to review, enforce and inspect mining applications within
the Township.
Shall mean any person engaged in the moving, removal or excavation
of soil or topsoil from, in or upon any land in the Township.
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.
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:
[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:
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.
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.
