No person, firm or corporation shall engage in the business of excavating, digging, or mining of sand, gravel, earth, soil or mineral produced for sale or for any other commercial or industrial purpose within the confines of the Township of Middle without first having obtained a license therefor from the Township of Middle.
[HISTORY: Adopted by the Township Committee of the Township of Middle 5-5-2025 by Ord. No. 1723-25.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 132, Excavations and Soil Removal, adopted 2-17-1983 by Ord. No. 448-83; amended 4-15-1987 by Ord. No. 573-87; 12-2-1987 by Ord. No. 599-87; 3-2-1988 by Ord. No. 611-88; 3-15-1990 by Ord. No. 714-90; 4-5-1990 by Ord. No 720-90; 4-20-2007 by Ord. No. 1255-07; 12-22-2008 by Ord. No. 1314-08; 5-17-2010 by Ord. No. 1355-10; 10-5-2015 by Ord. No. 1509-15; 11-6-2017 by Ord. No. 1550-17.
The person who is the owner of the property where mining or excavation is to take place, or is the permissive user of such a land, who is seeking a license under this chapter.
The form(s) described herein, which will be disseminated every three years to current licensees by the Township Clerk and is incorporated herein by this reference. Said form will also be available online at the Township website.
That area along the border of an excavation site in which no mining activity or disturbance is to take place; however, reasonable access will be permitted through the buffer to access the mining operations.
The Cape Atlantic Soil Conservation District.
The digging or mining of resource extraction materials.
Synonymous with "excavation," and including all digging and/or mining-related activities.
The continuous process of providing general methods of staging that will be undertaken to preserve the natural resources of the site and to provide soil stabilization during the operation of the mining activity.
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.
Sand, gravel, earth, soil or mineral products of the soil.
The process of restoring areas where excavation and related activities have taken place after the conclusion of all excavation activity.
All state, county, Township or local roads, excluding private roads or private rights-of-way.
The area which has been licensed pursuant to the provisions of this chapter.
A.
Application for such license shall be made every three years, in writing, not later than September 1 of the year of the required application for renewal, by the owner or permissive user to the Township Committee on an application form supplied by the Township Clerk. Said application shall include satisfactory proof of ownership or permissive use.
B.
Said triennial application shall be accompanied by three copies of a plan prepared by a professional engineer or New Jersey licensed land surveyor showing:
(1)
Tax map lot and block number and lot area.
(2)
A USGS quadrangle map showing the dimensions of the property and an area of at least 1,000 feet beyond such boundary in all directions.
(3)
A soils map.
(4)
A topographic plan at a scale of one inch equals 100 feet showing the proposed dimensions, locations and operations on the site.
(5)
The plan shall be based on a current, as-built survey showing existing topographic conditions of the site both above and below the water surface. Contours shall be at two-foot intervals and referenced to New Jersey Geodetic Survey Datum. Said survey shall be prepared by a licensed land surveyor and shall have been completed within the previous three months of application for license renewal.
(6)
The size and location of both the existing excavation and the proposed excavation and the proposed depth of the excavation in question.
(7)
Locations of required buffers.
(8)
Locations of all points of ingress and egress.
(9)
The location of all streams, wetlands and significant vegetation.
(10)
The location, size and intended use of all buildings or structures.
D.
Penalties for failure to meet filing deadline.
(1)
Failure to provide a complete application and all other filings required under the terms of this chapter by the September 1 deadline shall result in the following:
(a)
For late filing between September 2 and September 30: an additional fee of $ 250.
(b)
For late filing between October 1 and October 31: an additional fee of $500. Failure to file by October 31 shall result in the immediate cessation of all operations until proper filing has been made.
(c)
For late filing between November 1 and November 30, an additional fee of $ 750.00.
(d)
Any gravel pit owner who fails to comply fully with the requirements herein by December 1 of the year that the application is required shall have their license suspended for one year. Failure to activate a license within two years after the application is due shall result in revocation of the license.
A.
There shall be no excavating, digging or mining within 200 feet of a public highway, which shall include state, county, Township or other local roads, or within 100 feet of an adjoining property owner or within 500 feet of any church, school or other public building, private dwelling or place of business or any residence or business area or development; 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.
[Amended 12-15-2025 by Ord. No. 1731-25]
A.
No person, firm 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 ground level. The words "ground level," as used in this section, shall mean the average elevation of all unexcavated portions of the licensed premises along the property lines of said premises. 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.
B.
Unless approval to employ a different plan was part of the previously approved site plan, then a minimum 100-foot undisturbed buffer of natural vegetation will be maintained around the perimeter of the site; however, reasonable access shall be permitted through the buffer area for access to the mining operations.
C.
The operator may not pump water to any property outside of the perimeter of the permitted property absent the issuance of all applicable state and federal regulatory permits and written consent of the affected property owners.
D.
Access roads must be a minimum of 30 feet and a maximum of 50 feet in width. The last 100 feet of the access road in its approach to the public highway must be of the same gauge and thickness as the public highway.
E.
Stop signs shall be provided by the permit holder and installed, on the permit holder's property, on the access road into the site at its intersection with the public highway.
F.
A gate shall be provided across the access road at the entrance to the public highway. Said gate shall be closed and locked at all times except normal hours of operation.
G.
All loaded trucks must be covered with a suitable cover that complies with state regulations. All material deposited on the public highway within 200 feet of the gravel pit entrance by spillage or trucking from the wheels must be removed by the permit holder before nightfall on the day of deposit.
H.
Slopes of the excavated pits shall be 3:1. In areas where the slope exceeds 3:1, methods of progressive reclamation shall be shown on the plan.
Each such license shall run for a period of three years following the application for the same.
The maximum number of gravel pits licensed at any given time in the Township shall be eight. No application for a gravel pit license shall be accepted nor shall any gravel pit license be issued if the granting of such application and issuance of such license shall cause the number of outstanding licenses to exceed said limited number. The limitation shall not be deemed to prohibit triennial renewals of any existing gravel pit license. The following licenses have been previously issued for the premises hereinafter set forth. The triennial license fee in each case shall be the amount indicated.
License Number | Block | Lot | Acres | Fee (Every 3 years) |
|---|---|---|---|---|
4 | 98 | 2 | 35.37 | $3,500 |
6 | 94 | 19.02 | 57.1 | $3,500 |
7 | 94 | 19.01, 20 | 72 | $3,500 |
8 | 472 | 93 | 75.94 | $3,500 |
9 | 472 | 32 | 7.9 | $3,500 |
11 | 95.03 | 21 | 42.1 | $3,500 |
12 | 168 | 2 | 42.5 | $3,500 |
24 | 96.01 | 17 | 8.08 | $3,500 |
No additional licenses beyond the number approved in § 132-6 will be approved, unless there is a change of ordinance.
A.
All gravel pits within the confines of the Township of Middle shall provide a progressive reclamation plan during the operation of the mining activity. The plan shall illustrate the methods of staging that will be undertaken in disturbed areas to preserve the natural resources of the site.
B.
Land reclamation shall be planned and implemented concurrently as possible with the extraction of the resource, considering the ultimate use of the area as stated in the restoration plan.
C.
The site plan provided for license renewal shall include the following information regarding progressive reclamation of the site:
(1)
Terracing or sloping the pit or face walls during the extraction period.
(2)
Removal and storage of the topsoil. When topsoil is removed, sufficient arable soil, as required in this chapter, shall be set aside on the site for respreading over the progressive reclamation area.
(3)
Temporary stabilization of disturbed areas that will be left exposed for more than 30 days.
(a)
Exposed areas shall be stabilized with annual ryegrass to reduce damage from wind and water erosion.
(b)
Ryegrass, fertilizer and lime and mulch will be applied at the rates and methods provided in The Standards for Soil Erosion and Sediment Control in New Jersey (hereafter referred to as Standards) for temporary soil stabilization.
(c)
When seasons and other conditions are not suitable for growing an erosion-resistant cover, all exposed areas shall be stabilized with mulch. Mulch stabilization shall comply with the Standards.
(4)
Final grading and shaping of the worked-out area.
(5)
Replacing and contouring the topsoil.
(6)
Active mining areas shall be limited to five acres, with previous mining areas being reclaimed with mining operations. Reclamation work shall be actively ongoing at all times.
A.
Prior to the issuance of a license renewal and upon receipt of a complete site plan, due on September 1 of the year of the license renewal, the Township Engineer shall inspect each licensed premises to verify that each license is in compliance with the provisions of this chapter. The Township Engineer shall file a written report with the Township Clerk no later than December 31 of said year setting forth any violations and other information pertinent to the advisability of renewing each license. If any violations are reported, the subject license shall not be renewed but may be conditionally renewed. Conditional renewal may be granted only if the applicant has submitted a detailed plan for eliminating all violations in a manner and within a time satisfactory to the Township Committee. Each conditional renewal must be the subject of a separate resolution and may not be included in the general resolution authorizing renewals. A conditional renewal granted may not again be granted for any of the same violations in the following inspection year without the approval of the Township Committee. If a conditional renewal is granted, then mining operations must cease until all conditions have been fulfilled.
B.
Notification of noncompliance; corrective action; appeals.
(1)
In the event that the Township Committee, Township Engineer or Zoning Official determines that any such activity deviates from the conditions of the approved permit, the operator of the resource extraction operation shall be immediately notified of the deviation. The notice shall state the nature of the deviation, order the action necessary to correct it, and set forth the date, time and location of a meeting of the Township Committee to be held as soon as is practicable, at which the operator shall present all relevant information concerning the deviation and the action taken or to be taken to correct it. The order to take corrective action shall specify any activity that must be immediately ceased to prevent direct or indirect aggravation of the deviation or to avoid a danger to public health, safety or welfare. Such cessation shall continue until the deviation has been resolved to the satisfaction of the Township Committee and/or until an agreement to resolve the deviation has been reached. Failure to resolve a deviation or to adhere to the terms and conditions of any agreement to resolve a deviation shall constitute sufficient cause for revocation of the permit.
(2)
If the applicant appeals to the Superior Court of New Jersey from determination of noncompliance and does so within the time period specified by the Rules of Court, a notice of such appeal shall be filed with the Township Clerk. At that juncture, the application for a mining license shall be placed on the inactive list pending a review by the Superior Court of New Jersey. If the determination of the Township Committee, and/or Township Engineer and Zoning Officer, is affirmed by the Superior Court, then the applicant for a mining license shall be required to submit a new application for site plan review, including any required variance relief as would be required for a new mining facility prior to any action by the Township Committee.
Each application form for renewal of a license shall contain a provision requiring the licensee and each individual who is either a partner, a corporate officer or a corporate shareholder to personally guarantee the rehabilitation and restoration requirements of this chapter in writing. Such personal guaranty shall continue for a period of 10 years from the date of application, in every case.
Within the first calendar year for which any license is not renewed, all areas which have been excavated on any lot by said license shall be rehabilitated and restored in the manner provided by regulations for said restoration as may be adopted from time to time by resolution of the Township Committee upon the advice of the Planning Boards of the County of Cape May and the Township of Middle. This restoration requirement shall also apply to any area of four acres or larger which has been excavated to the permitted limit and which is located on any lot covered by a license. The Township Engineer shall include any violations of this section in a written report, and the existence of any such violations shall authorize the Township of Middle to take action against the individual guarantors of the rehabilitation and restoration requirements of this chapter or the insurance company which has bonded the compliance with such requirements.
A.
Restoration plan. There is hereby created a restoration plan for all gravel pits situated within the confines of the Township of Middle.
B.
Purpose. The purpose of a restoration plan is to provide the applicant, for a sand extraction operation, the opportunity to illustrate and describe the general methods and staging that will be undertaken to preserve the natural resources of the remaining areas of the site for some future development, as required by this chapter. A restoration plan provides details of the process of restoring areas where excavation and related activities have taken place after the conclusion of all excavation activity. The restoration plan shall be on file at the Township Clerk's office.
C.
Documents. No later than December 1, 2024, the owner and/or operator of each gravel pit situate within the confines of the Township of Middle shall file the following documents with the Township Clerk:
(1)
A plan prepared at a scale of one inch equals 100 feet which shall show the following details:
(a)
Planned final land grades of the disturbed areas with one-foot contour intervals for slopes of 5% or less and five-foot intervals for slopes greater than 5% and delineation of slope areas greater than 5%.
(b)
The location and type of existing vegetation associates to remain undisturbed, such as mature wooded areas, successional areas, meadows, etc.
(c)
Estimated final depth of excavation.
(d)
The location and nature of existing and proposed surface water features (i.e., lakes, ponds, streams, etc.) and their connections to streams or drainageways. All permanent structures, buildings and appurtenances to remain after completion or termination of mining operations.
(e)
Proposed landscaping, indicating species, spacing, height of maturity, quantity, planting schedule and planting details.
(f)
Permanent dikes, berms and screen buffers to be provided, including typical sections, construction details, dimensions, stabilization and landscaping.
(g)
The location and nature of any areas to be filled with overburden or waste process materials.
(h)
All roadways to remain, indicating their intended future use, pavement and slope stabilization.
(i)
Permanent soil erosion and sediment control facilities and structures, including complete design and construction details.
(j)
Delineation of mining and restoration phasing areas indicating the sequence and limits of each area.
(2)
A restoration statement which shall clearly describe the methods of accomplishment, phasing and the staging sequence and shall include but not be limited to the following:
(a)
A description of the planned phasing, indicating areas to be restored (referenced by the letter or number on the plan indicating the sequence and staging). This should be related to the operational plan and should clearly indicate that state of restoration to be accomplished.
(b)
Methods to be used to stabilize slopes or excavated areas.
(c)
Analysis of stability of filled areas and methods to be utilized for stabilization, if necessary, to prevent quicksand or caving conditions.
(d)
Methods planned to prevent stagnation and pollution of any standing water, ponds or lakes.
(e)
Methods used to prevent soil erosion and sedimentation runoff.
(f)
Analysis of existing and cover soil and methods used to establish vegetation (i.e., fertilization, planting period, etc.).
(g)
Method of disposing of any equipment or structures used in the mining operation upon completion.
(h)
Description of the degree of flexibility considered to be needed in the execution of the plan.
(i)
Vegetative cover, establishment of proper growth and steps to be taken to remedy unsuccessful plantings.
(j)
Lake management plans for any permanent ponds, lakes or other bodies of water created during wet pit or mining operations below groundwater elevations.
(k)
Provisions for security and safety on the tract upon completion of the mining operation.
D.
Permittee's responsibility. The parties who are issued a permit for the land mining operation are responsible for the restoration of the area in compliance with the restoration plan on file with the Township, without exception.
E.
Timing.
(1)
Restoration shall commence after the conclusion of mining activity on a site and shall be in accordance with the restoration plan on file at the Township Clerk's office.
(2)
Restoration of a permit area shall be completed in accordance with the approved restoration plan, within six months of the expiration date of the license.
F.
Dry pit rehabilitation. The dry pit may be backfilled with sand, gravel, overburden, topsoil or other nonnoxious, nonflammable, noncombustible solids. All other rehabilitation activities for dry pits shall conform to all other applicable standards of this chapter.
G.
Wet pit rehabilitation. Like dry pit rehabilitation, the wet pit may be filled. In the alternative, the wet pit may be converted into a lake in accordance with the rehabilitation plan and all other applicable standards of this chapter.
H.
Site clearance. All stumps, boulders and other debris resulting from the excavation or related activities shall be disposed of by approved methods. Such debris may not be disposed of on the site.
I.
Slopes. All banks shall be left in accordance with topography established in restoration plans and shall be sloped at a slope not exceeding three feet horizontal to one foot vertical.
J.
Drainage. Restoration should proceed in such a way that natural waterways and storm drainage, where they enter and leave the premises, shall be altered only to the least degree necessary to carry out excavation and related activities. Any alteration of natural waterways and storm drainage should not adversely affect public roads or neighboring uses.
K.
Grading.
(1)
When the extraction operation has been terminated, the area shall be graded as close to the natural contour of the land as possible to facilitate planting.
(2)
All regrading and restoration shall be undertaken with the minimum amount of disturbance in order to minimize the amount of compaction of the soil.
L.
Landscaping.
(1)
A planting plan shall be approved by a landscape architect showing the areas to be planted, the type and quantity of plant material to be used and all specifications necessary for implementation.
(2)
Planting shall not be performed later than May 15 or earlier than September 15 of the year. It is preferable and recommended that planting be performed in the spring of each year.
(3)
All planting and plant scheduling shall be in accordance with the approved planting plan.
(4)
If soil erosion is critical on a site, a mulch shall be required such as cut grass, weeds, leaves, etc., or low shrubs and herbaceous materials, such as weeping love grass. In excessively weedy areas, the ground shall be prepared prior to planting.
(5)
Standards for plants.
(a)
All plants shall be nursery-grown seedlings and planted in accordance with the following standards:
Slopes | Seedlings per Acre |
|---|---|
Less than 5% | 1,000 |
Over 5% | 1,200 |
(b)
Plants which do not survive within the initial two-year period shall be replaced within one year.
(c)
The following is the recommended plant list. Other plant material may be used upon the advice of a qualified arborist and/or a licensed landscape architect, when approved by the Planning Board.
[1]
Recommended plant list.
[a]
Evergreen trees.
Chamaecyparis thyoides - white cedar
Ilex opaca - American holly
Pinus rigida - pitch pine
Pinus strobus - white pine
Pinus virginana - eastern red cedar
[b]
Deciduous trees.
Acer rubrum - red maple
Betula populifolia - gray birch
Cornus florida - dogwood
Nyssa sylvatica - sour gum
Quercus alba - white oak
Quercus rubra - red oak
Quercus velutina - black oak
Sassafras albidum - sassafras
M.
Compatibility with future land uses. All provisions of the restoration plan shall be consistent and compatible with the projected future land use plan and provide as much flexibility as is possible for similar but varying future land use patterns.
N.
Abandoned uses/termination of operations. Operations should be considered to have been abandoned if:
(1)
The operator does not demonstrate his intention to resume operations more than one year after operations have ceased in a given site. A new permit would be required prior to further excavation or processing if this occurs.
(2)
Within a period of six months, unless extended by written permission by the Middle Township Committee, after notice of the termination by the operator of an extraction operation or after the abandonment of the operation due to failure to operate in accordance with the provisions of this chapter, all unused structures, buildings and equipment, along with all buildings, structures and equipment presently used in the operation, shall be dismantled and removed by and at the expense of the operator last operating the mining operation or the property owner of record.
The application form for renewal of a license shall contain a certification by the applicant that each corner marking a major change of direction in the perimeter of the area licensed to be excavated has been marked by an iron pipe at least two inches in diameter, securely inserted into the ground, at least four feet of which is exposed in a vertical position and, further, that the ground for 10 feet in all directions from said pipe has been cleared to provide visibility and that said pipe, within the period of 60 days prior to each renewal application being filed, has been freshly painted using the color commonly known as "international orange."
Nothing contained in this chapter shall be construed to permit any excavation which does not comply with all federal and New Jersey statutes and regulations applying thereto.
A.
The violation of any of the provisions of this chapter shall, upon conviction, be punishable by a fine not to exceed $5,000. If the violation persists after 30 days' written notice has been given to abate said violation, then each twenty-four-hour period that such a violation continues to exist shall be deemed to be a separate offense and shall be punishable by an additional fine not to exceed $500 per day.
B.
After reasonable notice and an opportunity to be heard before the Township Committee, the license of any person 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.