Township of Millstone, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Ord. No. 87-7, § 44B-1]
The Township Committee finds the following:
a. 
Unregulated removal, 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. Such practices create one or more of the following conditions: serious erosion by wind and water; inadequate and improper or complete lack of surface water drainage; the creation of excessive amounts of dust and the deposit of such dust siltation on adjoining property; the deposit on the streets of the Township of large quantities of mud, dirt or dust; and other conditions hampering and interfering with the coordinated and harmonious physical development of the Township.
b. 
Removal of and stripping of soil, sand, gravel, subsoil earth, clay, loam or dirt from lands to be developed within the Township other than those zoned to permit mining and similar operations are creating and have created conditions detrimental to the health and general welfare of the citizens of the Township.
c. 
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. 87-7 § 44B-2; Ord. No. 93-19 § I; Ord. No. 13-10 § 2]
As used in this chapter:
DEVELOPER
Shall mean any person who either, directly or through agent or independent contractor, engages or intends to engage in land subdivision or development or in the construction of two or more dwelling houses in any subdivision, business or industrial building for the purpose of sale to or occupancy by another person or persons.
ENGINEER
Shall mean the Township Engineer.
EXCAVATOR
Shall mean any person engaged in the moving, importing, removal or excavation of soil, sand, stone, clay, gravel, topsoil, peat, and other organic or inorganic or mineral materials, and/or removing it from or importing to the premises.
MAJOR SOIL REMOVAL AND IMPORT PERMIT
Shall mean permit required for removing or importing soil over 400 cubic yards.
MINOR SOIL REMOVAL AND IMPORT PERMIT
Shall mean permit required for removing or importing soil of 40 to 400 cubic yards.
MOVE
Shall mean to dig, excavate, to remove; to deposit; to place and to fill; to grade, regrade, level or otherwise alter or change the location of any existing contour; to transport and to supply; to scrape or otherwise disturb; however, the act of moving soil or topsoil from one portion of a premises to another portion of the same premises shall not be included hereunder.
OWNER
Shall mean any person seized in fee simple of any land, or having such other interest or estate therein, as will permit the exercise of effective possession thereof or dominion or control thereover.
PREMISES
Shall mean one or more contiguous parcels of land in a single ownership. Parcels shall not be deemed to be contiguous if separated by a road, railroad, right-of-way, brook, stream or other natural division.
REVIEWING BOARD
Shall mean the Planning Board or Board of Adjustment. The appropriate Board to review an application shall be determined as follows:
a. 
If the development activity giving rise to soil removal is one which requires an application to be made to the Planning Board, then all issues relating to soil removal shall be heard and decided by the Planning Board.
b. 
In all other circumstances not encompassed under subsection a above, all applications relating to soil removal shall be heard and decided by the Board of Adjustment.
SOIL
Shall mean topsoil, any earth, sand, clay, loam, gravel, humus, rock or dirt, irrespective of the presence or absence therein of organic matter.
SOIL REMOVAL
All references to soil removal in this chapter shall also apply to soil import operation where applicable.
TOPSOIL
Shall mean soil that, in its natural state, constitutes the top layer of earth and is composed of 2% or more by weight of organic matter and has the ability to support vegetation and growth.
TOWNSHIP SOIL REMOVAL ENGINEER
Shall mean the Township Engineer.
[Ord. No. 87-7 § 44B-3; Ord. No. 93-10 § 1; Ord. No. 93-13 § 1; Ord. No. 13-10 § 3]
No owner developer, excavator or other person shall dig, excavate, import, remove, scrape, or otherwise disturb or move or cause, allow, permit or suffer to be moved the soil on any premises in the Township for use other than on the premises from which it shall be taken, unless and until a soil removal and import permit has been issued pursuant to this chapter or the soil removal activity meets the exceptions listed in the subsection 23-6.2.
a. 
Soil removal and import permits for 40 to 400 cubic yards of soil will be reviewed and issued by the Township Engineer.
b. 
Soil removal and import permits for over 400 cubic yards of soil will be reviewed and issued by the Planning or Zoning Board.
c. 
No permits for soil removal and import will be issued for any premises for importing any soil over 200 cubic yards until the owner or developer has provided a certification to the Township Engineer from an independent soil testing laboratory that new soil meets the requirements of the Millstone Township section 35-11-30, site investigation and soil sampling. The Township, at the Applicant's expense, from the posted escrow account, shall have the right to undertake in-place testing of new soil to ensure conformance to section 35-11-30.
[Ord. No. 87-7 § 44B-4; Ord. No. 93-10 § I; Ord. No. 93-19 § I; Ord. No. 94-16 § I; Ord. No. 13-10 § 4]
a. 
An application setting forth the following information together with the application fee shall be filed with the Secretary of the Reviewing Board with copies of the application to the Township Engineer:
1. 
Name and address of the person or persons who own land on which the soil removal is proposed.
2. 
Tax Map sheet, block and lot number of the land on which the soil removal is proposed.
3. 
Name, address and emergency telephone number of following representatives to be involved with the implementation of the approved soil removal:
Applicant.
Field Supervisor.
Excavation Contractor.
Dust Control Contractor.
Roadway Cleaning Contractor.
Traffic Safety Coordinator.
Expected hauling contractor(s) as known at time of submittal.
4. 
A description of the type of soil removal operation involved, including the material actually excavated. A detailed description of the destination of the soil which description shall include the following:
(a) 
The lot and block designation and address of the property or properties to which the soil is to be removed.
(b) 
The volume of soil to be removed to each such property.
(c) 
The proposed route to be followed by the vehicles transporting the soil from the premises from which the soil is to be removed to each of the properties to which the soil will be removed.
5. 
Proposed date of commencement and completion of soil removal, proposed daily hours of soil removal, proposed minimum, median and maximum expected volume of daily removal, and proposed total volume of soil removal. 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 soil removal operation and not to be utilized in the determination of fees.
6. 
A master Soil Removal and Import Plan and detailed Soil Plan updated every two years shall be filed with the Reviewing Board drawn by a licensed surveyor/licensed engineer to a scale of not less than one inch to 100 feet, showing:
(a) 
Items in paragraphs a, b, c, d, e, and f above.
(b) 
Property or boundary survey of the land on which the soil removal is proposed including bearings and distances.
(c) 
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 Soil Removal 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 Soil Removal Engineer.
(d) 
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.
(e) 
All existing surface and subsurface water drainage conditions and provisions therefor.
(f) 
All wooded areas.
(g) 
The quantity, in cubic yards, of the soil and other material to be extracted.
(h) 
The average depth of topsoil as determined by taking borings in representative quantities.
(i) 
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 Engineer would be responsible for making that determination.
(j) 
Proposed slopes and lateral supports at the limits of the area upon completion of the proposed work.
(k) 
The proposed details of entry and egress for surface water drainage and of any streams, bodies of water and watercourses, natural and artificial.
(l) 
Location and description of permanent monuments for property corners and bench marks.
(m) 
United States Coast Guard and Geodetic vertical control point.
(n) 
A master plan of the operation shall be provided depicting the existing topography prior to soil removal of the site and as well the proposed final grades upon total completion of soil removal activities for the subject premises, in order to evaluate predisturbance versus postdisturbance conditions. In the event that predisturbance 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 applicant shall be required to show a maximum of two to 15 acre cells on the detailed Soil Removal Plan to be removed over a period of two years. The applicant shall not disturb more than 15 acres per year. The detailed Soil Removal 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 Soil Removal Plan shall depict existing surface conditions as of the time of the submitted application as well as the proposed removal 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 23-5u as removal on the subsequent phase commences. At no time shall the area of unrestored ground disturbance exceed 15 acres.
(o) 
A description of the proposed type of soil removal 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 New Jersey 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 removal standards; and the Occupational Safety and Health Administration Standards, to the extent applicable. Soil removal 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 Soil Removal Engineer.
(p) 
The applicant shall provide proof of approval from other governmental agencies which have jurisdiction over proposed activities on subject premises.
(q) 
The following information shall be shown on the proposed Soil Removal Plan:
(1) 
North arrow and graphic scale.
(2) 
Proposed location of haul roads and equipment to be utilized in the soil removal operation.
(3) 
Location, designation of material type and volume of proposed topsoil 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 soil removal 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 Soil Removal Plan Phase Limits. If the soil removal 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 property owners within 200 feet of the soil removal premises. This shall be updated every three years.
(10) 
Soils limits and classifications in accordance with current Monmouth County Soils Maps on the Master Soil Removal Plan.
(r) 
The following information shall also be provided with the application for mining:
(1) 
Hydrologic calculations for proposed soil removal activities evaluating site runoff prior to removal, 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 soil removal activities and following land restoration.
(3) 
Soil boring logs to an elevation 10 feet below the proposed soil removal level or other information acceptable to the Township Soil Removal Engineer sufficient to determine the seasonal high water table that may be affected by the annual soil removal limits, such as, but not limited to, soil logs, test pits, surrounding property well logs. The quantity of soil borings required will be in accordance with the Township Soil Removal Engineer's reasonable determination at a maximum rate of one boring per acre of disturbance considered for the application.
(4) 
The traffic study plan specifying the proposed method of insuring the safety of the public relative to all aspects of the soil removal 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 Soil Removal 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.
b. 
Within 30 days of the filing of a complete application and fee, the Township Engineer shall cause an investigation to be undertaken and a written report to be filed with the Planning Board which report shall set forth the Township Engineer's findings and recommendations based upon this chapter.
c. 
As soon as practical after receipt of the Township Engineer's report, the Planning Board shall hold a public hearing on whether or not to issue the soil removal permit and shall make its determination by written resolution. Such resolution shall be forwarded to the applicant, the Township Committee, the Township Engineer and to the Township Attorney.
d. 
In considering whether to approve an application and grant a soil removal permit, the Planning Board shall consider the following factors:
1. 
Soil erosion by water and wind.
2. 
Drainage.
3. 
Soil fertility.
4. 
Lateral support slopes and grades of abutting streets and lands.
5. 
Land values and uses.
6. 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of lands in the Township.
e. 
Upon adoption of the resolution of the Planning Board granting the soil removal permit application, the Planning Board Secretary shall cause the soil removal permit to issue provided all conditions of the resolution have been satisfied.
f. 
An application made pursuant to subsection 35-9.5b2 of the Township Zoning Ordinance for permission to remove soil may be combined with or bifurcated from an application made pursuant to subsection 23-3.2 hereof. Notwithstanding any bifurcating of applications, the same Reviewing Board shall hear both applications.
[Ord. No. 87-7, § 44B-5; New]
If the application is approved, there shall be submitted a fee to the order of the Township according to the schedule listed in Section 5-23 of Chapter 5. The fees shall be paid to the Township Clerk.
If the application and fees submitted to the Township shall include a total amount of soil to be moved in excess of that moved within the time specified on the application, and should a renewal be desired by the applicant in order to complete the original estimates, the fee for renewal shall be the flat sum stated in Section 5-23 for removal, except that the applicant shall pay fees based upon the yardage to be removed in accordance with the provisions of this subsection. No renewals without application and fees shall be granted that will extend the original project beyond three years from the date of the commencement of the work. Such renewal shall not be considered to be in conflict with subsection 23-3.2 above, since such renewals are required for each year or part thereof.
[Ord. No. 87-7, § 44B-6; Ord. No. 94-16, § I]
a. 
Enforcement. The Engineer shall enforce the provisions of this chapter. The Engineer 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. The Engineer 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 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 Soil Removal 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 Soil Removal Engineer but not less than four times per year. Quarterly inspections shall be performed by the Township Soil Removal Engineer in the presence of a representative of the applicant with a report regarding same submitted to the Township Committee.
[Ord. No. 87-7, § 44B-7; Ord. No. 93-10, § I; Ord. No. 93-19, § I; Ord. No. 94-16, § I]
a. 
The operator shall not create sharp declivities, pits or depressions or by reason of the soil removal 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 Soil Removal 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 bond filed with the Township shall not be discharged 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 to property of others during the extent of the removal operation.
g. 
Trees, stumps, trunks and limbs may be disposed of on the site by chipping.
h. 
All operations are subject to inspection by the Township Soil Removal 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 soil removal operator notice of such closure, the Township Soil Removal Engineer shall specify in writing to the soil removal 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 Soil Removal Engineer's findings and will determine if the closure order shall continue. The soil removal operator shall have the right to be heard before Township Committee. In all other cases, when, in the Township Soil Removal 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 Soil Removal Engineer shall recommend that the Township Committee schedule a hearing of which the soil removal operator shall be given at least 10 days' advance notice, to determine if the soil removal permit should be suspended.
i. 
The Township may require the operation of any soil removal 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 soil removal operation.
j. 
The Township may require that access roads used by the contractor or operator of the removal operation be provided with a dustless surface prior to the commencement of any removal by the applicant, and be maintained during the course of actual removal operations.
k. 
Between May 1 and September 30, any water which has collected on premises shall be treated in accordance with standards approved by the Monmouth County Mosquito Control Commission to prevent breeding of mosquitoes. The removal operation shall proceed in a fashion as not to allow the collection of standing water in areas other than designated detention or sediment basins.
l. 
No soil removal operations shall be conducted between the hours of 6:00 p.m. and 7:00 a.m., nor on Saturday, Sunday or holidays, except:
1. 
After written permission of three Township Committeemen upon finding after written application that an emergency exists.
2. 
By persons using the sand or gravel for home or property repairs.
m. 
Speed limits of vehicles used by operators shall at all times be observed, continual violations shall be considered cause for suspension of a removal permit.
n. 
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 soil removal and detailed Soil Removal Plan, proposed grades, areas adjacent to roadways, haul roads, tract limits within 200 feet of structures and proposed final grades shall be three 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 Soil Removal Plans shall be 2% and detailed Soil Removal Plans shall be 1% in order to insure positive drainage soil removed. Any soil removed 2:1 slope stabilized prior to adoption of this section may remain until same is further disturbed by soil removal activities.
o. 
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 soil removal 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 Soil Removal Engineer).
p. 
The soil removal operators or any of their agents or employees and independent contractors or any of their agents or employees transporting removed materials shall only use those roads designated in the resolution granting the permit. Copies of the resolution shall be distributed by the soil removal operator to all his employees and independent contractors and their employees or agents entering and leaving the removal area transporting removed materials. A copy of the resolution shall be posted by the soil removal operator in a conspicuous place on the removal premises. On any day of a removal season that removed materials are to be transported from the site by six or more vehicles operated by agents, employees or independent contractors of a soil removal operator, the soil removal operator or his agent shall notify the Township Soil Removal Engineer and Township Constable or Zoning Officer prior to the transporting of the removed materials from the site.
q. 
Where six or more trucks per day shall be transporting removed materials from the premises, the operators shall cause flagmen and traffic control devices to be present on the roadway where the truck exits the premises. The flagman shall direct the truck (s) to stop and yield to roadway traffic in accordance with the approved traffic control plan.
r. 
Soil removal operators shall be responsible for cleaning and sweeping the roadway at the entrance and exit of the premises to avoid the accumulation of debris and to maintain the road in a clean and safe condition. If the soil removal operator does not respond to direction by an engineer to clean or repair a portion of roadway 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 soil removal operator for all expenses incurred as a result of the emergency action within 30 days or the Township will take action to suspend soil removal activities until such payment is made.
s. 
The soil removal operator shall cause to be posted in a prominent location and shall distribute to all their employees, agents, or independent contractors, who transport removed materials, diagrams indicating the proposed roads to be utilized by trucks entering the soil removal site and by vehicles in transporting removed materials as approved by the Township Soil Removal Engineer.
t. 
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.
u. 
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 soil removal so that the operation conducted shall not expose more than 15 acres at any time in accordance with the approved detailed Soil Removal plan. The area where removed material is washed shall not be considered part of the soil removal 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 Soil Removal Engineer. A minimum of two species of seedlings shall be utilized. Restoration shall be subject to review and approval by the Township Soil Removal 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.
v. 
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 Soil Removal 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.
w. 
Upon termination of a soil removal 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 Soil Removal Engineer during mining or following land restoration.
x. 
No soil removal activity shall be undertaken on property not previously disturbed by soil removal 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 23-3.2 hereinabove. In addition, no soil removal 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 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 Soil Removal Engineer.
[Ord. No. 87-7, § 44B-8]
All holders of any soil removal permit or permits or their assignees shall comply with the terms and conditions of the permit or permits or agreement or resolution pursuant to which the permit or permits were issued, or such person or persons shall be considered to be in violation of this chapter.
[Ord. No. 87-7 § 44B-9; Ord. No. 93-19 § I; Ord. No. 13-10 § 5]
This chapter shall not apply to the following:
a. 
Removal or importing for building a private sewage disposal system.
b. 
Plowing, spading, cultivating, harrowing, or disking of soil, or any operation usually associated with the tilling of soil for agricultural or horticultural purposes.
c. 
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.
d. 
Removal of soil by an individual homeowner for excavations for building foundations or swimming pools provided that the total amount of soil from the premises does not exceed 500 cubic yards and that it is no greater in quantity than that which is required to accommodate the foundations and swimming pool.
e. 
Removing or importing soil not to exceed forty cubic yards during each year on any premises without creating problems of erosion, siltation, dust and drainage detrimental to adjoining lands as well as to the health and general welfare of the citizens of the Township.
[Ord. No. 87-7, § 44B-10; Ord. No. 93-19, § I; Ord. No. 94-16, § I]
Before the soil removal permit is issued by the Reviewing Board Secretary, the permittee shall file with the Township Clerk a performance guarantee to assure pavement stability, maintenance, cleaning, traffic direction when required and utility protection in conjunction with the removal activity at the premises or land. The guarantee shall be posted for duration of the haul cycle for removal of the soil from the premises and land, and until released by the Township. The guarantee required shall be in the following amounts:
a. 
Up to 1,000 cubic yards, $15,000 per mile of the haul route which is along Township roads. The amount for a fractional mile shall be apportioned.
b. 
More than 1,000 cubic yards, $50,000 per mile of the haul route which is along Township roads for each 25,000 cubic yards or fraction thereof. The guarantee amount for fractional miles shall be apportioned.
The calculation of the performance guarantee shall be made by or under the supervision of the Township Soil Removal Engineer.
The performance guarantee posted shall be at least 10% by cash or certified check made payable to the Township of Millstone. The balance of the performance guarantee may be a performance bond issued by a surety company, approved by the Township Attorney as to form or such other security as may be approved by the Township Committee.
The condition of the performance guarantee shall be that the permittee has properly completed its soil removal work and that pavement stability, maintenance, cleaning, traffic direction where required and utility protection have been maintained or restored at the site and along the haul route. In the event any of the foregoing conditions have not been met, the permittee and the surety shall be liable to the Township for the reasonable cost of completion, restoration, or reimbursement of traffic direction costs.
Upon completion or abandonment of the work, the Township Soil Removal Engineer shall inspect the site and haul route and render a written report to the Township Committee regarding action as to the performance guarantee. Any reduction or release of the performance guarantee shall be authorized by resolution of the Township Committee.
The Township Committee may also require a performance guarantee, in the form of a cash or surety bond, to be posted with the Township in order to assure the restoration of the land at the conclusion of the soil removal activity in accordance with the provisions of this chapter. The amount of this performance guarantee or bond shall be $10 per cubic yard of soil disturbed in accordance with the approved application. This performance guarantee or bond shall be posted at the time the soil disturbance permit is issued.
[Ord. No. 87-7, § 44B-11; Ord. No. 93-19, § I]
a. 
The Reviewing Board may, in its discretion, refuse to renew or revoke or may suspend, after notice and hearing, any soil removal 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. 
Conducting the business permitted under this chapter through the soil removal 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. 
Any person who violates any provision to this chapter, any standard promulgated pursuant to this chapter or any other applicable law, or fails to comply with a soil removal permit, shall be liable to the penalty stated in Chapter 1, Section 1-5. If the violation is of a continuing nature, each day during which it continues shall constitute an additional and separate offense under this section.
c. 
In the event that construction is involved in the alleged violation, the Construction Code Official shall issue a stop construction order until there has been compliance with the provisions and requirements of this chapter.
d. 
The provisions of this chapter may be enforced by the Township Engineer or Construction Code Official, or their designated representative.