[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:
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.
Shall mean the Township Engineer.
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.
Shall mean permit required for removing or importing soil
over 400 cubic yards.
Shall mean permit required for removing or importing soil
of 40 to 400 cubic yards.
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.
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.
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.
Shall mean the Planning Board or Board of Adjustment. The
appropriate Board to review an application shall be determined as
follows:
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.
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.
Shall mean topsoil, any earth, sand, clay, loam, gravel,
humus, rock or dirt, irrespective of the presence or absence therein
of organic matter.
All references to soil removal in this chapter shall also
apply to soil import operation where applicable.
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.
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:
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:
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.
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The calculation of the performance guarantee shall be made by
or under the supervision of the Township Soil Removal Engineer.
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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.
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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.
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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.
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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.
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[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.
