[HISTORY: Adopted by the Township Committee of the Township of Dennis 6-13-1988 as Ord. No. 88-150. Section 95-12 amended at time of adoption of Code; see Ch. 1, General Provisions. Amended in its entirety 5-9-94 by Ordinance No. 94-263. Further amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Permit Holders
A. 
Words used in the present tense include the future, and the singular number includes the plural.
B. 
For the purpose of this chapter, certain words and phrases are defined for the purposes herein or hereof as follows:
BUFFER
A buffer is that area along the border of an excavation site in which no mining activity or disturbance is to take place.
COMMERCIAL PURPOSES
The sale or commercial use of the sand or other product which is excavated, as distinguished from personal use of the product by the owner of the ground at the place where the same is excavated.
EXCAVATION
Includes digging or mining of resource extraction materials.
RESOURCE EXTRACTION MATERIALS
Sand, gravel, earth, soil or mineral products of the soil.
RESTORATION
Is the process of restoring areas where excavation has taken place after the conclusion of all excavation activity.
ROADS or HIGHWAYS
All state, county, township or local roads, but has no reference to private roads or private rights-of-way.
A. 
In their interpretation and application, the provisions of this chapter shall be held to be for:
(1) 
The promotion of the public health, morals and general welfare.
(2) 
The elimination of dust and noise.
(3) 
The elimination of danger from deep pits in close proximity to highways.
(4) 
The conservation of soil.
(5) 
The betterment of community.
B. 
The provisions and requirements of this chapter shall be held paramount to any corresponding or similar provision of any existing law, ordinance, rule or regulation.
No excavation, digging or mining of sand, gravel, earth or soil may be done for commercial purposes in the Township of Dennis without first obtaining a permit therefor from the Township Committee of the Township of Dennis in the manner as hereinafter set forth.
A. 
Within 30 days of the receipt of an application, the Planning Board of the township shall schedule a hearing as to whether the applicant satisfies the requirements of the chapter. This time restriction shall not apply to the issuance of the first permits under this chapter, but all hearings must be concluded by December 31, 1995.
B. 
Thereafter, the Planning Board shall recommend to Township Committee whether or not the permit shall be granted and so state their reasons for approving or denying the application.
C. 
Within 30 days of receipt of the Planning Board recommendation, the Township Committee shall approve or deny the permit.
Applications for permits for excavating, digging or mining as aforesaid shall be made to the Township Clerk within 30 days of the date of expiration of the existing permits shall meet the conditions set forth hereunder:
A. 
A fee in the amount of $500 shall accompany the application for the purposes of paying the cost of administration of this chapter.
B. 
A certification from the Township Engineer shall be provided indicating that the restoration improvements have been completed as required by the previous permit.
C. 
Five copies of the site plan documents with the following details and information required:
(1) 
Boundaries of the tract.
(2) 
North arrow.
(3) 
The date of plan preparation, graphic scale and the name of the licensed professional who prepared the plan.
(4) 
The zoning district in which the site is located.
(5) 
A topographic map at a maximum scale of one inch equals 400 feet showing contour lines at two-foot intervals inside the tract and within 50 feet of the tract's boundaries.
(6) 
A U.S.G.S. quadrangle map showing the property and an area of at least 1,000 feet beyond such boundaries in all directions.
(7) 
The location, size and intended use of all buildings or structures.
(8) 
The location of all points of ingress and egress.
(9) 
The location of all streams, wetlands and significant vegetation, forest associations and wildlife habitats.
(10) 
The location of all existing and proposed streets and rights-of-way.
(11) 
A soils map.
(12) 
A restoration plan which shall include the following:
(a) 
Method of stockpiling topsoil and over burden.
(b) 
Proposed grading and final elevations.
(c) 
Type, quantity and size of plant materials to be used.
(d) 
Seeding, fertilizer and mulch application methods and rates.
(e) 
A final grading and planting plan showing planting methods and schedules.
(f) 
Maintenance requirement schedule.
(g) 
An extraction schedule which depicts the anticipated restoration sequence for the three year license period. Restoration work, in accordance with the approved plan, shall be actively on-going at all times.
D. 
A performance bond or letter of credit of a form satisfactory to the Township Solicitor in an amount equal to 100% of the Engineer's Estimate of Cost for Restoration as approved by the Township Engineer. Said performance bond or letter of credit shall be to the favor of the Township of Dennis and shall run for a minimum of two years with a condition that said guaranty shall not be released without resolution from the township governing body. Upon approval of the Township Committee, cash funds may be deposited in lieu of providing a bond or letter of credit or such other form of surety approved by the Township Committee.
E. 
A copy of all other federal, state, or county agency approvals.
F. 
A certification indicating that the applicant has served notice on all property owners within 500 feet of the subject property that an application for a mining license has been filed with the Township Clerk. The notice of a public hearing shall be served upon the owners within 500 feet of the site at least 14 days prior to the Planning Board Meeting at which the application will be heard.
A. 
There will be a maximum number of six permits issued by the township at any one time for excavation.
B. 
In each instance of a revocation of a permit to excavate, dig or mine, the limited number of said permits, as set forth in Subsection A above, shall be reduced by one and no new permits shall be issued in place thereof either to the holder of the revoked permit or any other person, firm or corporation.
C. 
In the event that any holder of a permit fails to renew the same within 30 days of expiration of a mining permit, the permit shall become nonrenewable and the previously granted nonconforming use shall terminate. Upon termination of a use under this subsection, the total number of mining permits permitted within the township shall be reduced by one.
D. 
Except as otherwise specifically provided in this chapter, nothing herein shall be construed to limit the use of any existing license.
A. 
This chapter shall be administered by the Township Clerk and enforced by the Municipal Zoning Office in accordance with Chapter 185, Zoning of this Code as to the site plan requirements.
B. 
The Township Committee, by resolution, shall have the sole power to grant a mining excavation permit and no permit shall be granted until all conditions of this chapter have been satisfied.
C. 
All applications shall be considered and acted upon at regularly scheduled meeting of the Township Committee.
Permits issued under this chapter shall be valid for a period not to exceed three years from the date of the approving resolution. All renewal applications must be submitted in complete form to the Township Clerk prior to September 30, of the expiring year. All renewals shall be for a three year period. Upon receipt of the application, the application will be transmitted to the Planning Board. After the initial permits are issued under this chapter, the permits issued to Matalucci and Earthwork shall expire December 31, 1999. Permits issued to Kapp and Heun will expire December 31, 2000. The permits issued to the remaining two shall expire December 31, 2001.[1]
[1]
Editor's Note: A list of permit holders at the time of the introduction of Ordinance 94-263, codified herein, is included as an attachment to this chapter.
A. 
General regulations.
(1) 
There shall be a limit of one office building, one storage building, and one garage per operation. Except existing buildings may be maintained.
(2) 
All equipment stored on the property shall be that utilized specifically for the removal and hauling of resource extraction material(s) removed from the site only.
(3) 
No recycling operations of material non-native to the site are permitted without express approval of Planning Board.
(4) 
At least the first 150 feet adjacent to any street line shall not be used for mining or grading operations and shall be landscaped with evergreen shrubbery, planted at an initial height of not less than five feet, at the density of one tree for every 10 square feet. Operations with existing wooded areas in the buffer shall be reviewed by the Planning Board for determination if additional plant materials are required to comply with this item.
(5) 
Lighting. All operations having onsite office hours past sunset shall have onsite lighting of the office parking area and building timed to go off one hour past scheduled office hours. Security lighting as designated on the site plan and approved by the Planning Board, may remain on throughout the night.
(6) 
Hours of operation. Resource extraction operations abutting any residential zoning districts shall not begin before 6:00 a.m., Monday through Saturday and shall end no later than 6:00 p.m., Monday through Saturday. No extraction operations shall be permitted on Sundays. The Township Committee, or its designee, shall have the right to grant temporary relief from the restriction on hours of operation so as to accommodate the following conditions:
(a) 
Any declared state of emergency which would require a mining operation within the township to provide sand, gravel, or other material in response to any emergency created by any storm, flood, or similar catastrophe.
(b) 
To permit local mining operation to compete for any federal or state contract which would require the providing of materials on Sundays, holidays or on a 24 hour basis around the clock provided that such exemption is for a limited period of time, generally not to exceed 30 days, and provided further that such exemption is necessary in order for the mining operations within the township to remain competitive with other mining operations in other communities or areas of this state. When such exemption is granted by the Township Committee, it shall specify the time period for which such exemption is granted.
(c) 
Upon application to Planning Board for extended hours which application shall be subject to the notice provisions contained within this chapter and shall be selected at the next Planning Board meeting. The zoning official shall be permitted to allow extended hours upon showing of proper cause until the matter is heard by the Planning Board. In determining cause the zoning official shall take into consideration the nature of the request, the need therefor and the effect on neighboring properties.
(7) 
Fences.
(a) 
Permanent fencing will be required when necessary to protect public health, welfare and safety. Fencing, when necessary, shall consist of a metal chain link design. It is the purpose of this section to require fencing in all areas where residences exist.
(b) 
Permanent fencing shall be provided along the entire street frontage of any resource extraction property fronting on a municipal, county, or state highway, unless a 500 foot buffer from the road right-of-way to the limits of mining disturbance can be maintained by the mining operator.
(c) 
Permanent fencing shall be an integral part of the restoration process and shall be a part of all restoration plans.
(d) 
Permanent fencing shall not have to be constructed at all if it can be proven that, because of environmental restrictions, the adjoining lot abutting the resource extraction property can not be developed, or can not have a structure erected within 1,000 feet of the property line of the resource extraction operation and the area between the structure and the resource extraction operation is deemed wetlands (not buffer or transition areas) by the N.J.D.E.P.E.
(8) 
Buffering. The following minimum setbacks shall be applicable to both active mining and restorative procedures.
(a) 
There shall be no excavating, digging or mining within 150 feet of a public highway, which shall include state, county, township or other local roads or property line, or within 300 feet of any church, school or other public building, private dwelling or place of business or any residence or business area or development or within 50 feet of a property line; provided, however, that if any such highway, church, school or other such building or development was constructed or took place subsequent to the time that any licensed premises were originally licensed, then this limitation shall apply only to such highway, church, school or other such building or development as the same existed at the time that such premises was originally licensed.
(b) 
No person, firm, association or corporation to which a license is issued under this chapter shall excavate, dig or mine to a depth in excess of 65 feet below water table. Every such person, firm or corporation shall maintain such excavation in a level condition throughout the area being worked and shall arrange for the prevention and control of water deposits within said excavated areas, where possible.
(9) 
Access. Each resource extraction operation shall have access solely to a state or county highway, if possible. Access to an existing municipal roadway shall be at a point closest to the nearest state or county highway. Each access shall be paved with a minimum of four inches of asphalt over a four inch gravel base for a distance of 150 feet from the roadway access at a width of not less than 24 feet. The access road shall have adequate curbing at the radius points. Said curbing shall be at a minimum radius of 25 feet or as required by the state or county highway agency. All accesses shall have gates at the road right of way which shall be locked and closed except during actual operations.
(10) 
Signage.
(a) 
Each resource extraction operation shall be permitted one sign not exceeding 32 square feet on each side which may be placed within 50 feet of the access road not less than 20 feet from the road right of way. The sign must be lit only by exterior lighting and from the top of the sign down towards the ground. Lighting creating a glare to the traveling public shall not be permitted. Sign construction shall be of wood only and designed to blend in with the adjoining area along the roadway.
(b) 
Adjacent to all areas of actual extraction operations there shall be additional signage provided every 100 feet stating "DANGER" or "DO NOT ENTER UNSAFE CONDITIONS."
(c) 
Signage shall also be in pictorial form depicting "no swimming" at the edge of an area of wet excavation. The form of the sign shall be approved by the Township Engineer.
[Added 10-11-94 by Ord. No. 94-270]
(11) 
Restoration. Restoration of disturbed areas shall occur at the completion of the resource extraction operation or as dictated by the Planning Board as part of their approval process. Restoration shall be in accordance with the following requirements:
(a) 
Restoration shall be a continuous process and each portion of the parcel shall be restored within one year after resource extraction is completed for that portion of the site.
(b) 
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule indicated on the site plans.
(c) 
All restored areas shall be graded so as to conform to the natural contours of the parcel; the slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided for in paragraph (f) below.
(d) 
Topsoil shall be restored in approximately the same quality as existed at the time the resource extraction operation was initiated; however, additional topsoil may be required to be placed by the Planning Board where onsite conditions prohibit satisfactory planting growth.
(e) 
Drainage runoff, including direction and volume, shall be restored to the maximum extent possible to those flow patterns existing at the time the resource extraction operation was initiated.
(f) 
Any body of water created by the resource extraction operation shall have a shoreline of not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one foot vertical. An additional graded slope of three feet horizontal to one foot vertical shall extend 10 feet beyond the waterward end of the 5:1 slope. This requirement shall apply to any water body or portion of a water body created after the effective date of these regulations. For any water body or portion of a water body created prior to the effective date of these regulations, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted. Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.
[Amended 10-11-94 by Ord. No. 94-270]
(g) 
All equipment, machinery, and structures, except for structures that are usable for recreational purposes or any other use authorized by the Planning Board in this zone, shall be re-moved within six months after the resource extraction operation is terminated. Whenever restoration has commenced and is thereafter suspended and where such suspension of restoration activities occur for a continuous period of 180 days as determined by the Municipal Zoning Officer, such shall constitute a basis for default under the performance guaranty, entitling the municipality to take appropriate action against the surety, requiring the removal of all equipment from the site and the suspension of all mining and excavation activities. The Township Committee may, in its sole discretion, after the notice required pursuant to this section, take possession of the site and proceed with the rehabilitation of the premises as provided in this section.
(h) 
Restoration shall, to the maximum extent practical, result in the reestablishment of the vegetation association which shall include a combination of the following as set by the Planning Board:
[1] 
Planting of a minimum of 1,000 one year old pitch pine seedlings per acre.
[2] 
Stabilization of exposed areas by establishing ground cover vegetation of switchgrass, panicgrass, redtop and crownvetch.
[3] 
Cluster planting of characteristic Pinelands Oak Species, such as blackjack oak, bur oak, chestnut oak, and black oak and shrubs, such as black huckleberry, sheep laurel, and mountain laurel. All plantings shall be at a sufficient spacing to ensure establishment of the species.
B. 
Timing.
(1) 
Restoration shall commence immediately and be current with mining operations and shall be in accordance with the operation plan and proper land reclamation and forestry practices.
(2) 
Restoration of a permit area shall be completed in accordance with the approved reclamation plan, within six months of the expiration date of the permit.
A. 
Should it be determined by the Municipal Zoning Officer that an applicant has not complied with the conditions of the site plan approval which provides the basis of approval for the mining excavation permit, the Township Committee shall have the right to revoke the mining permit for such time until the permit holder complies with said conditions of approval. Such revocation shall be by resolution which shall state the items of violation on which the revocation was based and the time granted to the permit holder in which to resolve said violations. Should the permit holder fail to comply with the conditions of the revocation resolution, the permit holder shall be declared in default of the conditions of the permit by resolution of the Township Committee. Such resolution shall be forwarded to the guarantors of the performance guaranties and the guaranties shall be utilized to perform compliance with the outstanding conditions of the permit. The Township Committee shall have the right to utilize the municipal officials as necessary to assure compliance with the permit conditions and the cost of same shall be applied against the guaranties.
B. 
After reasonable notice and an opportunity to be heard before the Township Committee, the license of any firm, person, associations or corporation may be revoked or suspended for such period as the Township Committee may determine for any violation of the terms hereof or the terms and conditions of any approved plan and permit granted hereunder.
Should, after revocation, the permit holder comply with the conditions of the revocation resolution, the permit shall, by resolution, be reissued for the remaining term of the original permit. Prior to the reissuance of a revoked permit, the Township Committee shall have received verification from the Township Engineer that all items have been completed. Additionally, the permit holder shall deposit with the Township Clerk a fee of $250 and shall deposit with Township Clerk an escrow amount for inspection.
A firm, person, association or corporation violating any section of this chapter shall, upon conviction before the Municipal Court of the Township of Dennis or any other court having jurisdiction, be subjected to a fine of not less than $250 nor more than $500 for a first offense. For any second or subsequent offense, there shall be a fine in the amount of $1,000 and/or incarceration for the operator of the gravel pit for not more than 90 days. Any repetition of a violation of this chapter shall be deemed a new offense. For the purpose of this chapter, one need not be charged as a second or subsequent offender to be punished as a second or subsequent offender.
This chapter shall take effect January 1, 1995.
All ordinances inconsistent with this chapter are repealed. Specifically Ordinance No. 88-150 codified as former Section 95-1 through 95-12 of the Code of Dennis Township.