As used in this chapter, the following terms shall have the meanings
indicated:
ENGINEER
The Township Engineer of the Township of Lacey or his duly authorized
representative.
MINING
The business of mining, excavating, removal, storing, processing,
extracting and otherwise recovering sand, gravel, stone, topsoil and other
associated materials for the purpose of selling the same or any part thereof
or with the knowledge that the same or any part thereof is to be sold or resold;
the purpose of using the same or any part thereof in or on premises not owned
by the person or firm owning the premises from which the sand, gravel, stone,
topsoil or associated materials is taken; or the purpose of using the same
or any part thereof for commercial use, provided that this chapter shall not
apply to the removal of materials for cellars. "Mining" is an extractive process
involving the removal of soil, earth, sand, clay, gravel, humus, peat or other
organic and mineral materials. In the Pinelands Area, "mining" shall mean
the dredging, digging, extraction, mining and quarrying of sand, gravel, clay
or ilmenite for commercial purposes, not including, however, the private or
agricultural extraction and use of extraction material by a landowner.
[Amended 2-14-1991 by Ord.
No. 5-91]
THOROUGHFARE, STREET, ROAD or HIGHWAY
Any state highway, county road, county highway, township road or
any street or road, including drift roads, used by the public or dedicated
to the public use.
Upon the submission of the mining permit application complete and in
accordance with the provisions herein specified, the Zoning Officer will direct
the Township Engineer to inspect the mining tract for compliance of the mining
operation with all applicable requirements, including, but not limited to,
restoration, operating practices and the general conditions of the site. Based
on the recommendation by the Township Engineer and the mining permit application
being found in order, the Zoning Officer may issue the mining permit subject
to the satisfaction of all conditions and requirements of the Zoning Officer
and of the Township Engineer imposed in accordance with the provisions this
chapter of the Lacey Township Code. All permits shall be conditioned upon
the satisfaction of the following items:
A. Posting of the restoration performance bond in the amounts
and form as herein prescribed.
B. Satisfaction of all requirements herein set forth.
C. Restoration of mined areas shall be concurrent with mining
operations.
D. All mining operations and restoration phases shall be
carried out in accordance with all applicable requirements set forth herein.
E. All mining operations to be carried out in accordance
with all applicable requirements of all outside agencies having jurisdiction
over the mining operation.
Fees for mining permits shall be as follows:
A. Applications for initial or new mining operations or
the amendment, revision, expansion or alteration of an approved mining plan
and operations.
(1) Initial or new mining operation application.
(a) Planning Board review fee: $500.
(b) Initial permit fee: $250.
(2) Expansion of an approved mining plan or mining operation.
[Amended 4-10-1997 by Ord.
No. 97-15]
(a) Planning Board review fee: $350.
(b) Amended permit fee: $150.
(3) Mining permit renewal: $500.
[Amended 7-10-1997 by Ord.
No. 97-29]
(4) Review of waiver of permit applications in accordance with §
175-24: $200.
(5) The mining permit applicant shall be required to reimburse the Township of Lacey for all additional inspection or engineering services should they be required in accordance with the provisions of §
175-6 herein. The mining permit applicant shall also be required to reimburse the Township of Lacey should additional engineering services be required to review the mining permit application. Payment for all additional engineering and inspection services shall be a condition of the mining permit issuance and mining permit renewal.
Any excavation to or below a water-producing depth shall be carried out in accordance with the requirements set forth in §
175-9E above. Excavations made to or below a water-producing depth shall have a water depth not less than three feet as measured from the mean low-water mark and shall have an area of not less than five acres. Land excavated to a water-producing depth shall be graded to remove hills and hollows.
[Amended 2-14-1991 by Ord.
No. 5-91]
Burial of stumps, debris, refuse and other deleterious material in a
mining area is prohibited unless the mining operator has obtained a landfill
license from the New Jersey Bureau of Solid Waste Management permitting disposal
of such materials on the site. The type of material for disposal, the location
of disposal and the depth of burial shall be noted on the mining plan. No
hazardous, toxic, chemical, petroleum (including oil spill pollutants), septic
or nuclear waste shall be stored, discharged or disposed of on any land within
the Pinelands Area of the township.
[Amended 2-14-1991 by Ord.
No. 5-91]
A. Prior to the issuance of any mining permit, be it the
initial issuance of a new mining permit or the renewal of an existing mining
permit, the applicant shall post a guaranty in the form of a performance bond
issued by a surety company licensed to do business in the State of New Jersey
or a guaranty in any other form deemed acceptable by the Township Attorney,
naming the Pinelands Commission and the Township of Lacey as the obligee if
the application for mining is in the Pinelands Area. The amount of the restoration
performance guaranty shall be determined for each mining operation by the
Township Engineer, and the amount shall be updated as required on the mining
tract. The performance bond shall remain in place until the mining area restoration
has been accepted by the Township Engineer.
B. Prior to final release of any restoration performance
guaranty, the mining operator shall post a restoration maintenance guaranty,
equal to 10% of the restoration performance bond amount. The restoration maintenance
bond shall remain in effect for a period of one year after final acceptance
of the mining area restoration. For operations in the Pinelands Area, the
restoration maintenance bond shall remain in effect for a period of two years
after such final acceptance.
[Amended 4-10-1997 by Ord.
No. 97-15]
All mining operations shall be confined within the limits of the Tax Map lot or lots to which the initial mining permit was issued. Any expansion of mining operations beyond the tract or property lines of the Tax Map lot or lots to which the mining permit was issued shall constitute an expansion of the mining operation and shall require approval by the Planning Board. Applications for such expansion shall be submitted in accordance with the provisions of §
175-4 herein. Any mining operation initially licensed after December 3, 1971, shall be limited to a single Tax Map lot.
No mining permit shall be renewed or issued with reference to any tract
of land on which property taxes, assessments and/or other municipal fees are
outstanding and unpaid, until such delinquent tax fees or assessments have
been satisfied.
[Amended 4-10-1997 by Ord.
No. 97-15]
No mining operation shall involve an area greater than 50 acres at any one time. Renewal of permits in accordance with §
175-3 of this chapter does not constitute authority to mine more of an area covered by the permit. Prior to beginning mining operations in a new fifty-acre section of the mining tract, the previous fifty-acre section shall be completely restored in accordance with the provisions herein.
Mining of topsoil shall be permitted only if a sufficient quantity and
quality of topsoil remains on the site to allow a minimum thickness of two
inches of topsoil to be spread over the entire areas that were mined, including
all slopes.
It shall be the responsibility of the mining permit holder to maintain
a safe traffic flow on the mining site, the access road to the mining site
and at the point or points at which the access road enters any public highway.
Appropriate signs, as approved by the Township Engineer, shall be placed along
the public highway warning approaching motorists of the intersection of the
access road with the public highway and of heavy truck traffic entering the
public highway.
There shall be not more than 10 permits issued for mining operations
at any one time in addition to those operations by the Township Department
of Public Works.
In the event that the applicant wishes to remove less than 10,000 cubic
yards of material for the primary purpose of regrading of land rather than
for the sale of excavated materials, the Zoning Officer may waive the requirement
for a mining permit application, hearing or restoration performance bond.
Such a waiver is further conditioned upon the following:
A. The proposed excavating or regrading shall be required
as an integral part of development in a site plan or major subdivision which
was approved by the Planning Board.
B. All excavation and regrading shall be carried out in
strict accordance with the soil disturbance and sediment control plan approved
by the Ocean County Soil Conservation District for the development in which
the excavation is to occur.
C. All excavation and regrading shall be performed in accordance
with lines and grades indicated on the approved site plan or major subdivision
in which the excavation is to be performed.
D. This exemption shall not apply in the Pinelands Area
of the township unless the activity is a part of another pinelands approved
development on the site.
[Added 2-14-1991 by Ord.
No. 5-91]
[Added 2-14-1991 by Ord.
No. 5-91; amended 7-10-1997 by Ord.
No. 97-29]
No mining permit or renewal of any such permit issued within the Pinelands Area shall take effect until the notice and review procedures set forth in Chapter
335, Zoning, of this Code have been met.