[HISTORY: Adopted by the Township Committee
of the Township of Middle 2-17-1983 by Ord. No. 448-83. Amendments
noted where applicable.]
GENERAL REFERENCES
Subdivision of land and site plan review — See Ch. 218.
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.
[Added 10-5-2015 by Ord.
No. 1509-15]
APPLICANT — 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
annually 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 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 annually,
in writing, not later than December 1, 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 application shall be accompanied by a site plan
prepared by a professional engineer or New Jersey licensed land surveyor
showing the Tax Map lot and block number, the size and location of
both the existing excavation and the proposed excavation and the proposed
depth of the excavation in question. Said site plan shall include
the complete perimeter of the lot and shall also show the perpendicular
from each lot line to the nearest point of excavation. Said site plan
shall also include topographic elevations covering the entire lot.
Said site plan need not be refiled annually if the applicant certifies,
with the application, that there are no changes since the last application
was submitted. If there have been any changes in any of the information
shown on the site plan, then a new site plan must be submitted with
the new application. In lieu of a new site plan, there may be submitted
the previous site plan, with updated information inserted therein
by a professional engineer or a New Jersey licensed land surveyor.
The annual application shall be accompanied by proof that the operation
complies with all state and federal requirements. Such compliance
shall be a precondition to license renewal.
[Amended 11-6-2017 by Ord. No. 1550-17]
C.
Said application shall be accompanied by a license
fee in a minimum amount of $200 and a maximum amount of $600, calculated
on the basis of $50 per acre of all lands already excavated and proposed
to be excavated, rounded to the next high whole number of acres.
[Amended 5-17-2010 by Ord. No. 1355-10]
D.
Penalties for failure to meet filing deadline.
[Added 3-2-1988 by Ord. No. 611-88; amended 10-5-2015 by Ord. No. 1509-15]
(1)
Failure to provide a complete application and all other filings required
under the terms of this chapter by the November 1 deadline shall result
in the following:
(a)
For late filing between November 2 and November 30: an additional
fee of $250.
(b)
For late filing between December 1 and December 31: an additional
fee of $500. Failure to file by December 31 shall result in the immediate
cessation of all operations until proper filing has been made.
(c)
For late filing between January 1 and February 1: an additional
fee of $750.
(d)
Any gravel pit owner who fails to comply fully with the requirements
herein by February 1 of each year shall have his license suspended
for a period of one year. Said operator or owner shall be required
to pay the maximum fees which would have been due for the suspension
year in conjunction with the application fees for reactivation in
the following year. Failure to activate a license within a two-year
period shall result in revocation of the license.
(2)
In addition to the annual fees payable under Subsection D(1) above, any applicant that has not obtained a site plan review for its operations shall, prior to January 1, 2017, obtain same. Such applicants shall apply for a site plan approval and shall pay to the Secretary of the Planning/Zoning Board, as applicable, any and all fees normally and customarily charged to an applicant for site plan approval, which shall include fees for inspections by the Township Engineer as well as for services of other professionals or consultants employed or engaged by the Planning/Zoning Board. Additionally, any new applicant shall apply forthwith to the Planning/Zoning Board, as applicable.
(a)
Failure to obtain site plan approval by January 1, 2017, shall
result in an immediate cessation of all mining operations and a suspension
of the license, until approval is obtained. If approval is not obtained
prior to January 1, 2018, then the license shall be revoked.
(b)
The Planning/Zoning application shall also disclose, with specificity, each and every other business, commercial, or industrial activity which is carried out or proposed to be carried out at the licensed location, including, but not limited to, an identification of any retail sales and the nature thereof and the nature of any products which are to be sold from the licensed premises. The applicant, in conjunction with its Planning/Zoning application, shall also supply to the applicable Planning/Zoning Board the items listed in Subsection D(4)(a)[1] through [11] below.
(3)
Additionally, as set forth in § 132-9A, below, there shall be an annual compliance review. The procedure to be employed relative to such annual review is set forth therein.
(4)
Furthermore, every five years, each applicant shall be subject to
a five-year compliance review conducted by the Municipal Engineer,
in conjunction with the Municipal Zoning Officer. Public input shall
be solicited during the five-year review.
(a)
In this regard, in conjunction with the five-year review, the
applicant shall supply to the Municipal Engineer and the Municipal
Zoning Officer the following:
[2]
A topographic map at a scale of one inch equals 400 feet showing
the proposed dimensions, location and operations on the site.
[3]
A USGS quadrangle map showing the dimensions of the property
in an area of at least 1,000 feet beyond such a boundary and all locations.
[4]
The location, size and intended use of all buildings or structures.
[5]
The location of all streams, wetlands and significant vegetation.
[6]
A soil map.
[7]
A reclamation plan.
[8]
A personal guarantee or surety bond (if approved by the governing
body).
[9]
A statement of areas that have been mined and reclaimed since
the previous review/approval.
[10]
A current certified list (issued within 30 days of the review
date) of all property owners located within 500 feet of the property
where the mining and excavation activity is to occur.
[11]
A certification indicating that the applicant has served notice
on all property owners within 500 feet of the subject property that
an application for mining license has been filed with the Township
for a five-year compliance review.
[a]
Thereafter, the Township Engineer and Zoning Officer
shall jointly 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 for any year may not again
be granted for any of the same violations in the following 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]
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, then the procedure outlined in § 132-9B shall be employed.
[c]
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 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.
[Amended 10-5-2015 by Ord. No. 1509-15]
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 10-5-2015 by Ord. No. 1509-15]
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 30 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 one-hundred-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 not exceed 2:1.
Each such license shall run for a period of
the calendar year immediately following the application for the same.
[Amended 12-2-1987 by Ord. No. 599-87; 4-5-1990 by Ord. No 720-90; 4-20-2007 by Ord. No. 1255-07; 12-22-2008 by Ord. No. 1314-08]
For the calendar year 1983, the following licenses
shall be issued for the premises hereinafter set forth, and the license
fee in each case shall be the amount indicated:[1]
|
License Number
|
Block
|
Lot
|
Acres
|
Annual Fee
|
|---|---|---|---|---|
|
1
|
472
|
25 and 26
|
9.61
|
$500
|
|
4
|
98
|
10.01
|
76.52
|
$600
|
|
6
|
94
|
16
|
55.23
|
$600
|
|
7
|
94
|
7, 14 and 15
|
99.54
|
$600
|
|
8
|
472
|
11.01
|
12
|
$600
|
|
9
|
472
|
33
|
7.38
|
$400
|
|
11
|
95.03
|
6
|
25
|
$600
|
|
12
|
168
|
9.02
|
29
|
$600
|
|
13
|
1410.01
|
32
|
26
|
$600
|
|
14
|
168
|
20
|
12
|
$600
|
|
16
|
11
|
5, 6 and 7
|
15.50
|
$600
|
|
20
|
96
|
24, 25, 26 and 27
|
42.82
|
$600
|
|
22
|
475
|
6
|
12
|
$600
|
|
24
|
96
|
28
|
8
|
$400
|
|
25
|
167
|
47.01
|
12
|
$600
|
|
28
|
475
|
52
|
12.11
|
$600
|
No license for the calendar year 1983 or any
future period of time whatsoever shall be issued unless there is paid
to the Township of Middle the sum of $25 for each calendar year or
portion thereof which has elapsed since December 31 of the last year
for which the Township of Middle has received a license fee or permit
fee for excavation of any portion of the premises for which such new
license is sought. Said payment shall be made either at the time of
application for a license for the remaining portion of the year 1983
or within 60 days after the final adoption of this chapter, whichever
occurs first.
Nothing contained in this chapter shall be construed to prohibit any excavation of any gravel pit for the purposes of providing an irrigation pond or lake to be used for the sole purpose of providing a source of irrigation water for agricultural operations located upon the same premises as said irrigation pond or lake; provided, however, that no such irrigation pond or lake shall be created or deepened by excavation without written approval of the Township Committee. Application for such written approval shall be made, in writing, to the Township Committee on an application form supplied by the Township Clerk, accompanied by a fee of $100 for creation of such pond or lake or a fee of $25 for deepening such pond or lake. Said application shall also be accompanied by a site plan prepared by a professional engineer, containing all of the information required on the site plan referred to in § 132-2 of this chapter. Nothing contained herein shall be deemed to apply to any irrigation pond or lake not connected to or arising out of a gravel pit.
[Amended 4-15-1987 by Ord. No. 573-87; 4-5-1990 by Ord. No. 720-90; 10-5-2015 by Ord. No. 1509-15]
A.
Once each year, prior to the issuance of a permit, 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 for any year may not again be granted
for any of the same violations in the following 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, a corporate director
or a corporate shareholder to personally guarantee the rehabilitation
and restoration requirements of this chapter. Such personal guaranty
shall continue for a period of 10 years from the date of application,
in every case. In lieu of such personal guaranty, the licensee may
file a bond providing the surety of an insurance company licensed
to do business in the State of New Jersey. Said surety bond shall
be in an amount approved by the Township Committee, shall be renewed
annually at the time of the license application and shall extend for
a period of 10 years from the date of the application. No such surety
bond may be accepted in lieu of personal guaranty unless a resolution
is adopted by the Township Committee authorizing the acceptance of
such a surety bond. Any such resolution shall cover only the calendar
year in which the resolution is adopted or the calendar year immediately
following the year in which the resolution is adopted.
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 rehabilitation and 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 rehabilitation and 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 his annual 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.
[Added 3-15-1990 by Ord. No. 714-90]
A.
Reclamation plan. There is hereby created a reclamation
plan for all gravel pits situate within the confines of the Township
of Middle.
B.
Purpose. The purpose of a reclamation 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.
C.
Documents. No later than January 1, 1991, 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 sketch plan prepared at a scale of one inch
equals 200 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.
(e)
All permanent structures, buildings and appurtenances
to remain after completion or termination of mining operations.
(f)
Proposed landscaping, indicating species, spacing,
height of maturity, quantity, planting schedule and planting details.
(g)
Permanent dikes, berms and screen buffers to
be provided, including typical sections, construction details, dimensions,
stabilization and landscaping.
(h)
The location and nature of any areas to be filled
with overburden or waste process materials.
(i)
All roadways to remain, indicating their intended
future use, pavement and slope stabilization.
(j)
Permanent soil erosion and sediment control
facilities and structures, including complete design and construction
details.
(k)
Delineation of mining and restoration phasing
areas indicating the sequence and limits of each area.
(2)
A reclamation 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 reclaimed (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 reclamation
to be accomplished during specific stages of the mining operation.
(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.
Permitee's responsibility. The parties who are
issued a permit for the land mining operation are responsible for
the reclamation of the area in compliance with the reclamation plan
on file with the Township, without exception.
[Amended 10-5-2015 by Ord. No. 1509-15]
E.
Progressive reclamation. Land restoration 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 reclamation plan. Typically, it should include the following
steps:
(1)
Removal and storage of the topsoil.
(2)
Terracing or sloping the pit or face walls during
the extraction period.
(3)
Restoration to occur concurrently with new mining
area operations. Active mining areas shall be limited to five acres,
with previous mining areas being restored with mining operations.
Restoration work, in accordance with the approved reclamation plan,
shall be actively ongoing at all times.
(4)
Final grading and shaping of the worked-out
area.
(5)
Replacing and contouring the topsoil.
(6)
Replanting.
F.
Timing.
(1)
Reclamation 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)
Reclamation of a permit area shall be completed
in accordance with the approved reclamation plan, within six months
of the expiration date of the permit.
G.
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.
H.
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.
I.
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.
J.
Removal of topsoil. When topsoil is removed, sufficient
arable soil, as required in this chapter, shall be set aside on the
site for respreading over the reclamation area. These stockpiles of
topsoil should be used to minimize the effects of erosion of wind
or water upon public roads, streams or adjacent land uses.
K.
Slopes. All banks shall be left in accordance with
topography established in reclamation plans and shall be sloped at
a slope not exceeding three feet horizontal to one foot vertical.
L.
Drainage. Reclamation 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.
M.
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 reclamation shall be undertaken
with the minimum amount of disturbance in order to minimize the amount
of compaction of the soil.
N.
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.
[Amended 10-5-2015 by Ord. No. 1509-15]
(7)
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.
O.
Recommended plant list.
(1)
Evergreen trees.
|
Chamaecyparis thyoides - white cedar
| |
|
Ilex opaca - American holly
| |
|
Pinus rigida - pitch pine
| |
|
Pinus strobus - white pine
| |
|
Pinus virginiana - eastern red cedar
|
(2)
Deciduous trees.
|
Acer rubrum - red maple
| |
|
Betula populifolia - gray birch
| |
|
Cornus florida - dogwood
| |
|
Nyssa sylvatica - sour-gum
| |
|
Quercus alba - white oak
| |
|
Quercus palustris - pin oak
| |
|
Quercus rubra - red oak
| |
|
Quercus velutina - black oak
| |
|
Sassafras albidum - sassafras
|
P.
Compatibility with future land uses. All provisions
of the reclamation 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.
Q.
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 and keep his bond in force 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 annual 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.
[Amended 4-5-1990 by Ord. No. 720-90]
A.
The violation of any of the provisions of this chapter
shall, upon conviction, be punishable by a fine not to exceed $2,500.
If the violation still 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 $100 per day.
[Amended 10-5-2015 by Ord. No. 1509-15]
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.
