[HISTORY: Adopted by the Township Council of the Township of Monroe 11-23-1983 by Ord. No. O-26-83; amended in its entirety 7-18-1984 by Ord. No. O-8-84. Amendments noted where applicable.]
For the purpose of this chapter, unless from the context a different meaning clearly appears, the following words shall be defined to include and to mean the following:
APPLICANT
The individual partnership, corporation or any other entity and shall include tenants, owners, licensees and permittees who shall apply for a permit.
COUNCIL
The Township Council of the Township of Monroe.
DIVERT or DIVERSION
The taking of water from a river, stream, lake, pond, aquifer, well, other underground source, or other water body, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere.
[Added 5-22-2024 by Ord. No. O:20-2024]
LOT
Any parcel of land or portion thereof the boundary lines of which can be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Township of Monroe or in the office of the Gloucester County Registrar of Deeds.
PERMIT
A soil removal permit used under the terms hereof.
PERSON
Includes an individual, partnership, corporation or any other entity and shall include both tenants, owners, licensees and permittees.
PREMISES
One or more lots or contiguous parcels of land in single ownership, which ownership can be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Township of Monroe or in the office of the Gloucester County Registrar of Deeds.
SOIL
Both surface and soil (topsoil) and subsoil and shall include dirt, stone, gravel, sand, humus, clay, loam, rock and mixtures of any of these.
SPOT ELEVATION
The elevation of a point on the existing land and representative of the surrounding area, generally within 50 feet of the point in question.
TOWNSHIP
The Township of Monroe, County of Gloucester and State of New Jersey.
A. 
No person shall excavate for the removal of soil or otherwise remove soil for sale or for use other than on the premises from which the soil shall be taken except in connection with construction or alteration of a building on such premises for which a construction permit has been properly issued, and excluding all grading incidental thereto, without first having obtained a permit therefor, approved by the Township Council of the Township of Monroe or its designee. The permit shall be conspicuously posted and displayed in the office of the licensee and produced upon request.
B. 
No permit shall become effective until the procedures contained in § 175-63 of the Monroe Township Comprehensive Land Management Ordinance are satisfied by the applicant.
C. 
No further permits shall be issued pursuant to this section, including any new permits with the exception of those sites which have already been approved for soil removal by the Monroe Township Planning Board.
[Added 8-24-1999 by Ord. No. O-18-99]
A. 
The applicant shall make application for a soil removal permit on a form provided by the office of the Township Clerk and shall furnish the following information and documents:
(1) 
The name and address of the applicant; if the applicant is a partnership, a partnership name and business, together with the names of all partners and their residential addresses; if the applicant is a corporation, the name of the corporation, the place of business of said corporation, the date and state of incorporation, the names and addresses of all directors of such corporation, the names and addresses of all stockholders holding 10% or more of the stock of the corporation and the names and addresses of the legal representatives of the corporation, if any.
(2) 
The name and address of the owner or owners of the premises involved; if the owner or owners are a partnership, then the partnership name and business address, the names of the partners together with their residential addresses; if the owner is a corporation, the name of the corporation, its place of business, the date and state of incorporation, the names and addresses of all officers and the positions held in the corporation, the names and addresses of all directors, the names and addresses of all stockholders holding 10% or more of the stock of the corporation and the names and addresses of the legal representatives of the corporation, if any.
(3) 
A location map or diagram of the premises showing the location of the lot(s), together with the Monroe Township Tax Map plate, block and lot numbers, where the excavation or soil removal is to be conducted and abutting lands and roads within 1,000 feet of the active area.
(4) 
A topographic map at a scale of one inch equals 400 feet showing the proposed dimensions, location and operations on the subject property in its present condition by spot elevations and an overlay showing the proposed topographical contour grades which will result from the intended soil removal. All natural drainageways must be shown. The topographic map shall include an area 200 feet from the boundaries of the proposed areas to be disturbed or to the boundary of any buffer area if it is within 200 feet of the actual work area.
(5) 
All roads, buildings, streams and bodies of water within 1,000 feet of the premises.
(6) 
The names and addresses of all adjoining landowners within 1,000 feet of the perimeter or location of the lot or premises for which application is being made.
(7) 
Existing water drainage conditions, all wooded areas and areas of significant vegetation forest associations and wildlife habitats.
(8) 
The limit or outbounds of the area or areas on the premises within which the soil operation or removal is to be conducted.
(9) 
The proposed slopes and lateral supports of the limits of the area upon completion of the excavations and soil removal operations. This requirement may be limited to the active work area.
(10) 
The location of all points of ingress and egress.
(11) 
The location, size and intended use of all buildings on the premises.
(12) 
The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way, excluding those included within the areas to be mined.
(13) 
A soils map.
(14) 
A reclamation plan which includes:
(a) 
Method of stockpiling topsoil and overburden.
(b) 
Proposed grading and final elevations.
(c) 
Topsoil material applications and preparation.
(d) 
Type, quantity and age of vegetation to be used.
(e) 
Fertilizer application, including method and rates.
(f) 
Planting method and schedules.
(g) 
Maintenance requirements schedule.
(15) 
The proposed provisions and facilities for water drainage.
(16) 
If the application includes a proposed diversion from the Kirkwood-Cohansey aquifer, a hydrogeologic report that identifies the volume of the diversion, the volume of water to be returned to the source, a description of the route of return to the source, the methodology used to quantify the volume of water returned to the source and a description of any other existing or proposed water diversions or discharges on or from the parcel. The report shall also include a map that depicts the location of the diversion, the location of the return to source, the location of all existing or proposed resource extraction operations and the location of all wetlands on or within 300 feet of the parcel on which the diversion is proposed.
[Added 5-22-2024 by Ord. No. O:20-2024]
B. 
All drawings of improvements and/or technical information shall be prepared, signed and sealed by a licensed professional engineer of the State of New Jersey. All land survey information shall be prepared, signed and sealed by a licensed professional land surveyor of the State of New Jersey.
C. 
Water sampling. Prior to the obtaining approval of a permit which includes the creation or existence of a body of water, the applicant shall submit testing results in conformance with the New Jersey Department of Environmental Protection guidelines for water quality monitoring. The aforesaid results shall be accepted pursuant to appropriate water quality standards. Minimum requirements for testing shall be the standard elements for sampling potable water, including chemical and bacteria samples. The rate of sampling shall be semiannual, sampling to be done in April and October, and reported to the township on or before May 1 and November 1 of each and every year for the respective sampling. Any new application for a license must submit water sample results with the application regardless of the time of year. More frequent sampling will be required if it is determined that the water quality is deteriorating from background water quality.
[Amended 5-18-1987 by Ord. No. O-14-87]
D. 
Renewal of permit; fees.
[Amended 5-21-1986 by Ord. No. O-15A-86; 5-18-1987 by Ord. No. O-14-87; 12-17-1990 by Ord. No. O-34-90[1]]
(1) 
On or before February 1 prior to the expiration of any permit issued pursuant to this chapter, the Township Clerk shall mail to each permit holder an application for renewal of said permit.
(2) 
On or before March 15 prior to the expiration of any permit issued pursuant to this chapter, the applicant shall file with the Township Clerk the completed application, along with all documentation and fees required by this chapter.
(3) 
Upon filing of the application for renewal, along with appropriate fees, the following review procedure shall apply:
(a) 
After the filing of the application or any corrected or revised application, the Township Engineer shall have 30 days to determine if the application is complete and report his decision to the Township Clerk and the applicant. In the event that the application is deemed not complete, no further review of the permit shall be done until such time as the applicant completes the application. Failure of the Township Engineer to act within 30 days of filing the application or any corrected or revised application shall be deemed approval of the completeness of the application.
(b) 
At such time as the application has been deemed complete by the Township Engineer, he shall have 45 days to review the application and shall make a recommendation to the Township Council as to whether the application meets the requirements of this chapter. The findings and recommendation by the Township Engineer shall be mailed to the applicant. Failure of the Township Engineer to complete review within 45 days shall be deemed a recommendation to the Township Council for approval.
(c) 
Upon report to the Township Council by the Township Engineer or any subsequent report following a corrected or revised application, the Township Council shall have 30 days to take action upon the application. Failure of the Township Council to act within 30 days after receipt of report by the Township Engineer shall be deemed an approval of the application.
(d) 
Failure of any applicant to process renewal of his application in a timely manner as provided in this subsection shall cause the license to lapse, and all soil removal activities performed under the permit shall cease as of the expiration of the existing permit. The Township Council shall be under no duty to extend the expiring permit by reason of failure of the applicant to follow the application process in a complete and timely manner.
(4) 
The initial permit application fee for any applicant shall be the sum as set forth in Chapter 74, Fees. Thereafter, renewal permit fees shall be for the sum as set forth in Chapter 74, Fees. Licenses shall run for a minimum period of two years and can be approved for up to five years at the discretion of the Township Council in all Pinelands areas, provided the standards of § 175-130C are met. All other permits in non-Pinelands areas of the Township are for a period of two years. Permits shall commence from July 1 of each year. Any license issued after July 1 shall relate back to that July 1 date.
[Amended 10-28-1997 by Ord. No. O-51-97; 3-24-1998 by Ord. No. O-6-98; 9-23-2003 by Ord. No. O-42-2003]
(5) 
At the time of filing an application for an initial permit or renewal permit, the applicant shall deposit with the Township Clerk an escrow fee of $1,000 to be held by the Finance Department to pay for the cost of professional services incurred by the Township, including engineering, legal and incidental costs for the review and processing of the permit application. The Finance Department shall return any sum not used for said purposes. The applicant shall be responsible for any sums in excess of $1,000 incurred by the Township for said purposes.
[Amended 2-26-2008 by Ord. No. O:04-2008]
[1]
Editor's Note: Said ordinance also provided as follows: The Monroe Township Code Enforcement Officer or his designee shall be authorized to enforce the provisions of this chapter. Said Code Enforcement Officer shall be authorized during normal working hours to inspect the licensed premises and to file any complaint for violations of any provision of this chapter before the Monroe Township Municipal Court or any other court of competent jurisdiction.
The following standards are to be achieved and maintained in order to receive conditional use approval of a resource extraction use or activity. Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed resource extraction operation:
A. 
Is designated so that no areas of excavation, sedimentation ponds, storage area for equipment or machinery or other structure or facility is closer than 200 feet to any property line, unless it can be demonstrated that a distance between 100 feet and 200 feet will not result in greater off-site environment impacts.
[Amended 5-28-2019 by Ord. No. O:18-2019]
B. 
Is to be located on a parcel of land of at least 20 acres.
C. 
Provides that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion.
D. 
Is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads during nonbusiness hours.
E. 
Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways.
F. 
Is designed so that surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater.
G. 
Will not involve excavation below the seasonal high-water table, unless the excavation will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the areas in which the site is located, provided that in no case shall excavation have a depth exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas.
H. 
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as anticipated length of time that each twenty-acre unit of the parcel proposed for extraction will be worked.
I. 
Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of § 245-5, Restoration standards, of this chapter and the implementation of the restoration plan. However, the renewal of the annual license shall be withheld until the applicant has demonstrated compliance with the restoration plan. Noncompliance with the restoration shall constitute grounds for immediate termination of all excavation work, subject to the requirements of § 245-8, Hearings.
J. 
Will not involve clearing adjacent to ponds in excess of 20 acres or any areas necessary to complete scheduled operations, or will not involve any reclaimed clearing exceeding 150 acres for surface excavation at any time.[1]
[1]
Editor's Note: Original Subsection (B), regarding permit fees, which immediately followed this subsection, was deleted 5-21-1986 by Ord. No. O-15A-86.
All parcels of land which are used for the resource extraction operations shall be restored as follows:
A. 
Restoration shall be a continuous process and each twenty-acre unit of the parcel shall be restored within two years after resource extraction is completed for that portion.
B. 
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Subsection A.
C. 
All restored areas shall be graded so as to conform to the proposed contours of the parcel; the slope of the surface of restored surfaces shall not exceed one foot vertical to two feet horizontal, except where soils require a lesser slope.
D. 
Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated.
E. 
Drainage flows, including direction and volume, shall be restored, to the maximum extent practical, to those flows existing at the time the resource extraction operation was initiated.
F. 
Any body of water created by the resource extraction operation shall have a graded shoreline with a slope not to exceed one foot vertical to five feet horizontal.
G. 
All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed.
H. 
Reclamation shall, to the maximum extent practical, result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:
(1) 
The 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.
(3) 
Cluster planting of characteristic Pineland oak species, such as blackjack oak, bear oak, chestnut oak and black oak and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species.
An applicant may request a waiver from any specific item requested or required by this chapter. Said application shall be submitted along with documentation supporting such request to the Township Council, who may grant the requested waiver or establish a date for hearing on said request pursuant to § 245-8, Hearings, set forth hereinafter.
A. 
Request for hearing.
(1) 
Upon written request for a hearing made by the applicant to the Township Council, an opportunity to be heard shall be granted within 30 days thereafter. The Township Council, in considering and reviewing the application and in arriving at its decision, shall be guided by and take into consideration the public health, safety and general welfare and particular consideration shall be given to the following factors:
(a) 
Soil erosion by water and wind.
(b) 
Drainage.
(c) 
Soil fertility.
(d) 
Lateral support slopes and grades of abutting streets and lands.
(e) 
Land values and uses.
(f) 
Water quality standards that are not in conformance with and acceptable pursuant to New Jersey Department of Environmental Protection guidelines.
(g) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the township.
(h) 
Restoration plan and continuous compliance with said plan.
(2) 
The Township Council may, where it deems necessary in order to evaluate the aforesaid factors, require the applicant to perform on-site test borings and such other related testing as may be required and to make such modifications of the plan or map to be filed as required pursuant to § 245-3 hereof.
B. 
After examining the application and the map provided for in § 245-3 of this chapter and after the hearing in the event a hearing is requested by the applicant, and if the Township Council shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creating of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted for a period not to exceed one year. Any conditions of approval shall be duly noted in the permit.
If permission to remove the soil shall be granted, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions and in such a manner that the area shall be properly leveled off, cleared of debris and graded to conform with the contour lines, grades and restoration plans as approved by the Township Council of the Township of Monroe.
A. 
The applicant shall be required to post with the Township Treasurer the sum of $1,000 to be held in an interest-bearing escrow account by the township for the purpose of guaranteeing appropriate surety to effect such cleanup in the event of the applicant's noncompliance or failure to maintain reasonable maintenance of the highway from debris emanating from the site. Said escrow account shall be maintained during the term of the soil removal permit and shall be replenished as necessary to maintain the balance of $1,000.
B. 
The applicant shall evidence liability insurance in sums not less than $100,000/$300,000 per accident. Such insurance shall indemnify the township from the operations of the applicant. A certificate or copy of said policy shall be delivered to the Municipal Clerk for filing.
A. 
No excavation shall be made and no soil shall be removed under the provisions of this chapter unless a permit therefor shall have been first obtained as provided herein, and no excavation shall be made and no soil shall be removed except in conformity with the provisions of this chapter. Said permit shall contain the name and address of a person residing within the State of New Jersey upon whom lawful process may be served.
B. 
Subsequent to the issuance of the soil removal permit, the applicant, prior to the commencing of each soil removal operation in accordance with the permit, shall be required to submit the following to the Municipal Engineer for approval:
(1) 
An operation schedule which shall set forth the approximate length and hours of operation and the section of the site to be excavated, as well as an appropriate schedule of repair and restoration work (such as grading, seeding and fertilizing) in reference to this operation.
(2) 
A highway traffic plan which shall delineate the proposed entrances and exits and the approximate number and use of personnel to be utilized for the purpose of highway safety and traffic direction as well as the highway cleanup.
C. 
Without the express written approval of the Township Engineer, no fertile top layer (topsoil) shall be removed from the site. All such material shall be appropriately stockpiled for use in restoration and repair of the site.
D. 
No soil shall be removed which is within five feet of the seasonal high-water table or unless approved pursuant to § 245-4G.
E. 
No permitted operation shall utilize blasting or explosives.
F. 
The top of the natural slope or cuts for any excavation and any mechanical equipment shall be at least 200 feet from any property line and at least 200 feet from any public street.
G. 
The area excavated shall be graded and covered with four inches of topsoil and seeded with perennial grass during the planting season. If sufficient topsoil is not available from the premises, then a cover crop as prescribed by the Township Engineer shall be spread on the premises.
A. 
All persons presently conducting soil removal or soil excavating operations shall conform to the standards and requirements set forth herein within six months from the adoption of this chapter.
B. 
The Township Council may extend the period of time for compliance with these requirements for additional periods of up to six months upon proper application for and good cause shown.
C. 
Notwithstanding Subsections A and B above, any provisions contained within § 175-130 of the Monroe Township Comprehensive Land Management Ordinance shall be complied with immediately.
The permittee shall permit inspection of the premises at all reasonable business hours by the Mayor, members of the Township Council or by such designated township officials as the Mayor or Township Council may lawfully authorize to inspect and report thereon to the Mayor administratively or the Council legislatively.
A. 
No permit shall be transferable in any manner whatsoever from the applicant to whom the permit is issued to any other person or persons.
B. 
In the event that a change of 10% or more of the stock ownership of a corporation or a change in the partnership ownership or structure in the case of a partnership occurs, such change shall be deemed a transfer of the license and shall require the approval of the Township Council as set forth within this chapter.
Upon 10 days' written notice and an opportunity to be heard before the Council, the permit of any person may be revoked or suspended for such time or period as the Council may determine for any violation of the terms hereof or the terms and conditions of any permit granted or issued hereunder. Written notices shall be given at the address set forth in the original application or amendments subsequently filed with the township.
[Amended 5-21-1986 by Ord. No. O-15A-86]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Court before whom such conviction shall be had. Each and every violation of and nonconformance with this chapter or each day that any provision of this chapter shall have been violated shall be construed as a separate and distinct violation thereof.
[Added 5-18-1987 by Ord. No. O-14-87; amended 8-5-1996 by Ord. No. O-11-96]
A. 
No person shall conduct any soil removal activities Monday through Saturday between the hours of 8:00 p.m. and 6:00 a.m. No such activities shall be permitted at any time on Sunday.
B. 
No person shall conduct any trucking activities Monday through Saturday between the hours of 8:00 p.m. and 6:00 a.m. No such activities shall be permitted at any time on Sunday.
C. 
This section shall apply notwithstanding any limitations on an approval previously issued by the Monroe Township Zoning Board of Adjustment at the time of issuance of a variance to conduct soil removal in a zone not otherwise permitting such use.